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07-15-2019 MTG #22 REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 72 REGULAR TOWN BOARD MEETING MTG# 22 JULY 15, 2019 RES# 248-263 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILWOMAN CATHERINE ATHERDEN COUNCILMAN GEORGE FERONE COUNCILWOMAN JENNIFER SWITZER TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order… PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN.) GEORGE WINTERS- Spoke regarding Resolution 2.10 Authorizing Emergency Medical Services (EMS) Study, Establishment of EMS Study Capital Project Fund #230 and Engagement of CGR. 2.0 RESOLUTIONS RESOLUTION CONSENTING TO DISCONTINUANCE OF A PORTION OF BIG BOOM ROAD AND AUTHORIZING SALE OF DISCONTINUED PROPERTY RESOLUTION NO.: 248, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, The Saratoga Hospital (the “Applicant”) is the owner of the parcel of land described as Tax Map No. 309.14-1-5 (the “Property”) which is located adjacent to land owned by the Town of Queensbury between the Property and the portion of Big Boom Road that is paved and traveled by the public (the “Vacant Property”), and WHEREAS, the Vacant Property has been used unofficially by previous owners of the Property as a portion of their parking lots for decades and has not been used by the public for travel as a roadway, and WHEREAS, the Applicant wishes to purchase the Vacant Property for its own use in connection with hospital facilities, and REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 73 WHEREAS, pursuant to New York Highway Law §171, the Applicant has made application to the Town of Queensbury Superintendent of Highways to discontinue the Vacant Property as a portion of Big Boom Road as described therein, and WHEREAS, it appears that the portion of Big Boom Road sought to be discontinued has not been used by through traffic for decades and has become useless, and WHEREAS, the Applicant has agreed to pay for relocation of a Town water main from under the Vacant Property to the right-of-way of Big Boom Road, installation of curbing and extension of the sidewalk adjacent to the Applicant’s Property, and WHEREAS, the requested discontinuance will not affect use of the portion of Big Boom Road that is paved and used for travel by the public, and WHEREAS, a release from all damages (the “Release”) has been received from the Applicant, which is the sole owner of lands affected by the discontinuance, and the consideration for such release has been agreed upon between the Town Highway Superintendent and the Applicant, and WHEREAS, the Town Highway Superintendent has confirmed that the portion of Big Boom Road sought to be discontinued is not used, maintained or needed for any Town purpose and is useless, and WHEREAS, upon review of all documents submitted, the Town Board finds that the portion of Big Boom Road sought to be discontinued is useless and unnecessary for Town highway purposes, and WHEREAS, the Town Board has determined that the fair value for such vacant property is $27,800 and wishes to sell it to the Applicant to merge with their adjacent property, and WHEREAS, the Town and the Applicant have negotiated an Agreement and the Town Board wishes to authorize such Agreement, a copy of such Agreement presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board approves the consideration for the Release which has been agreed upon between the Town Highway Superintendent and the Applicant. 2. The Town Board consents to the discontinuance of the subject portion of Big Boom Road and the Town Board Members are authorized to execute a written Consent to the discontinuance. 3. Upon filing and recording in the Town Clerk’s Office of the Order of the Town Highway Superintendent together with the Application, the Consent of the Town Board and the Release, the Town Clerk is authorized and directed to cause the Release to be recorded in the Office of the Warren County Clerk. 4. The Town Board agrees to sell the vacant property to the Applicant, The Saratoga Hospital, on the terms detailed in such Agreement. 5. This Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 74 6. The Town Board authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor, Town Highway Superintendent, Town Clerk and/or Town Budget Officer to take such actions as are necessary to effectuate this Resolution. th Duly adopted this 15 day of July, 2019, by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mrs. Switzer, Mr. Strough NOES: None ABSENT: None ABSTAIN: Mr. Ferone RESOLUTION AUTHORIZING AN EXTENSION OF UP TO FIVE DAYS FOR PAYMENT OF REAL PROPERTY TAXES RESOLUTION NO.: 249, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, Section 925-b of the New York Real Property Tax Law provides that a municipal corporation may, by resolution adopted prior to the levy of such taxes, authorize an extension of no more than five business days for the payment of taxes on real property without interest or penalty for any resident who has received an exemption under Real Property Tax Law Section 425 Subdivision 4 and/or Section 467 (“senior citizen exemption”) and who is sixty-five years of age or older, and WHEREAS, the Town’s Receiver of Taxes and Assessments has recommended that the Town Board authorize, for residents aged sixty-five or older who have a senior citizen exemption, such an extension of not more than five business days for payments of real property taxes, as she believes that allowance of such an extension for payment would benefit such taxpayers, and WHEREAS, the Town Board concurs with such recommendation, NOW, THEREFORE, BE IT RESOLVED, that for taxes on real property levied after the date of adoption of this Resolution, the Queensbury Town Board hereby authorizes its Receiver of Taxes and Assessments to accept payments from REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 75 Town residents, aged sixty-five or older, who have received an exemption pursuant to Subdivision four of Section 425 or Section 467 of the New York State Real Property Tax Law of real property taxes, special ad valorem levies and special assessments for Town, County and School tax collection not more than five business days after the date such taxes would otherwise be due, without penalty or interest, and BE IT FURTHER, RESOLVED, that the Receiver of Taxes and Assessments will continue to collect such taxes, levies and assessments in all other manners in accordance with New York State Real Property Tax Law Article 9, and BE IT FURTHER RESOLVED, that any such payments made or received after expiration of the five day extension period shall then be subject to penalty and interest as otherwise provided by law as if there were no extension, and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Receiver of Taxes and Assessments to prepare and mail a one-time informational notice concerning such extension period in all mailed tax bills, and forward certified copies of this Resolution to the:  Commissioner of the New York State Department of Taxation and Finance;  Warren County Treasurer’s Office;  Queensbury Union Free School District;  Lake George Central School District; and  Hudson Falls Central School District (School Districts); and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Receiver of Taxes and Assessments to take all other actions needed to effectuate the terms of this Resolution. th Duly adopted this 15 day of July, 2019 by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 76 NOES: None ABSENT: None RESOLUTION AUTHORIZING INCREASE IN BUY-IN RATE FOR TOWN OF QUEENSBURY PROPERTIES LOCATED OUTSIDE OF CURRENT TOWN OF QUEENSBURY SANITARY SEWER DISTRICTS RESOLUTION NO.: 250, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, properties located outside of the Town of Queensbury’s current Sanitary Sewer Districts wishing to connect to the Town’s Sanitary Sewer Mains, i.e., contract users, Sewer District Extensions and/or new Districts, must pay the Town a one-time buy-in fee at the rate of $1.15 per gallon for sewer capacity based on gallons per day average of the property(ies), and WHEREAS, the Town of Queensbury uses such buy-in monies to purchase additional capacity to the Glens Falls Wastewater Treatment Plant, and WHEREAS, such Town buy-in rates have not increased since 2012, and WHEREAS, the Town’s Wastewater Director has recommended that the Town Board authorize an increase of such buy-in rate in order to cover the Town’s costs with the City of Glens Falls, and WHEREAS, after due deliberation, the Town Board wishes to increase its buy-in rate to $1.32 per gallon, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the increase in buy-in rates for properties located outside of the Town of Queensbury’s current Sanitary Sewer Districts wishing to connect to the Town’s Sanitary Sewer Mains, from $1.15 per gallon to $1.32 per gallon based on the properties’ th gallons per day average, such new rates to go into effect as of July 16, 2019, and REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 77 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of July, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING RENEWAL OF ARC GIS DESKTOP SOFTWARE MAINTENANCE CONTRACT WITH ESRI, INC. RESOLUTION NO.: 251, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Town of Queensbury’s GIS Administrator has requested Town Board approval to renew the Town’s ArcGIS software maintenance contract(s) with ESRI, Inc., in accordance with ESRI, Inc.’s 06/16/2019 Renewal Quotation in the amount of $11,100 presented at this meeting, and WHEREAS, New York State Bidding is not required for such contract as it is under New York State Contract No.: PM67345/ESRI Contract No.: 305303, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the renewal of the Town’s ArcGIS software maintenance contract with ESRI, Inc., in accordance with ESRI, Inc.’s 06/16/2019 Renewal Quotation in substantially the form presented at this meeting for an amount not to exceed $11,100 and in accordance with New York State Contract No.: PM67345/ESRI Contract No.: 305303, to be paid for from Software Subscriptions Account No.: 001-1680-4335, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 78 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, GIS Administrator, Purchasing Agent and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of July, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING DEDICATION OF LANDS AND WARRANTY DEED WITH LIEN COVENANT AND RIGHT-OF-WAY EASEMENT FROM QUEENSBURY LAND CONSERVANCY, INC., FOR OGDEN ROAD CEMETERY RESOLUTION NO.: 252, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Queensbury Land Conservancy, Inc., (QLC) is the owner of certain lands located off Ogden Road in the Town of Queensbury having a tax map number of 315.-1-8.3 and wishes to convey title of a cemetery parcel located in the interior of the parcel to the Town of Queensbury as well as grant a Right-of- Way to the Town in order to access such Ogden Road Cemetery property, and WHEREAS, the Town has exempted itself from its subdivision rules in a situation like this, and WHEREAS, a Warranty Deed With Lien Covenant and Right-of-Way Easement is presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes and accepts the dedication of the Ogden Road Cemetery and transfer of the .02 acre parcel of land located off Ogden Road in the Town of Queensbury being a portion of a parcel having a tax map number of 315.-1-8.3 known as the Ogden Road Cemetery property from the Queensbury Land Conservancy, Inc., and REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 79 BE IT FURTHER, RESOLVED, that the Town Board, pursuant to its authority assigned under the Conservation Easement Assignment and Assumption Agreement dated November 8, 2018 and recorded in the Warren County Clerk’s Office on June 21, 2019 at Book 5948 of Deeds at Page 33, hereby authorizes the Queensbury Land Conservancy, Inc., to also grant a Right-of-Way Easement to the Town so that the Town can maintain the Cemetery, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Warranty Deed With Lien Covenant and Right-of-Way Easement substantially in the form presented at this meeting and any and all documents necessary to complete this transaction, including, without limitation, any further agreements in form acceptable to Town Counsel, Real Property Transfer Report and TP-584 and the Town Supervisor, Cemetery Superintendent, Town Budget Officer, Director of Planning, Zoning and Code Compliance and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of July, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF JORDAN BROWN AS ACCOUNT CLERK IN WASTEWATER DEPARTMENT RESOLUTION NO.: 253, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Town of Queensbury’s Wastewater Director has advised that there is a vacancy in the Account Clerk position in his Department, and WHEREAS, the Wastewater Director advertised for such position, reviewed resumes, interviewed interested candidates from the existing Warren County Civil Service List for the position and has recommended that the Town Board authorize his hiring of Jordan Brown, and REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 80 WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Ms. Brown is the wife of Water Meter Service Worker Heath Brown, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Wastewater Director th to hire Jordan Brown as full-time Account Clerk in the Wastewater Department effective on or about July 16, 2019 subject to the Town successfully completing a pre-employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and subject to Ms. Brown’s completion of a twenty-six (26) week probationary period, and BE IT FURTHER, RESOLVED, that Ms. Brown shall be paid the hourly rate of pay for the Account Clerk position as delineated in the Town’s current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Wastewater Director and/or Town Budget Officer to complete any documentation and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of July, 2019 by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING DONATION OF SICK TIME TO AN EMPLOYEE EMPLOYED IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 254, 2019 INTRODUCED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 81 WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, an employee employed in the Town of Queensbury’s Highway Department (Employee), has been diagnosed with a serious health issue, and WHEREAS, the Employee is expected to exhaust all paid leave available to him, including all sick leave, and WHEREAS, certain fellow employees have expressed the desire to donate a portion of their accumulated sick leave time to the Employee to assist him during his illness, and WHEREAS, the Employee is represented by the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO (CSEA), which has joined in the request that employees be permitted to donate sick leave time to the Employee, and WHEREAS, the Town Board wishes to allow such donation of sick leave time, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the donation of sick leave time by Town of Queensbury CSEA bargaining unit and/or non-bargaining unit employees to assist the Employee during his time of serious illness, and BE IT FURTHER, RESOLVED, that any employee of the Town of Queensbury who has more than 40 hours of accumulated sick leave may voluntarily donate any hours above 40 hours, in two (2) hour increments, as directed by the employee provided that the donating employee signs an acknowledgement of the donation and recognizes that once donated the sick leave hours cannot be restored under any circumstances, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 82 RESOLVED, that the Employee may use the donated sick leave under the same terms and conditions as earned sick leave, except that there may not be any payout of unused donated sick leave under any circumstances, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Department Superintendent and/or Budget Officer to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of July, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING SUPPORT OF WARREN COUNTY SOIL AND WATER CONSERVATION DISTRICT’S MS4 STORMWATER GRANT APPLICATION REGARDING STORMWATER RUNOFF ON WINCREST DRIVE RESOLUTION NO.: 255, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, by Resolution No.: 191,2011, the Queensbury Town Board authorized an Agreement between the Town and the Warren County Soil & Water Conservation District (WCSWCD) whereby the District assumed the role of Queensbury’s Stormwater Management Officer, becoming the primary contract for the Town on matters related to the MS4 Program, and by Resolution No.: 243,2019 the Town Board authorized an Agreement extension/renewal through June 30, 2020, and WHEREAS, the WCSWCD is applying for a New York State Department of Environmental Conservation non-agricultural nonpoint source planning grant to address stormwater issues on Wincrest Drive in the Town of Queensbury (Project), and WHEREAS, if awarded grant funds, WCSWCD would request Town support of the Project as Wincrest Drive is a Town-owned road, such support proposed to be the Town’s contribution of up to $1,500 in a local match to be comprised of force labor and equipment usage utilized during the planning and design phases which may include, but not be limited to, field inventory and evaluations with Town Highway and REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 83 Planning Department staff, test pits, review and comment of draft and subsequent final designs, and WHEREAS, the Town Board wishes to authorize its support of WCSWCD’s grant application for the proposed Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes its support of the Warren County Soil & Water Conservation District (WCSWCD)’s application for a New York State Department of Environmental Conservation non-agricultural nonpoint source planning grant to address stormwater issues on Wincrest Drive in the Town of Queensbury (Project), and BE IT FURTHER, RESOLVED, that should the project be awarded, the Town Board pledges the Town’s contribution of up to $1,500 in local match to be comprised of force labor and equipment usage utilized during the planning and design phases which may include, but not be limited to, field inventory and evaluations with Town Highway and Planning Department staff, test pits, review and comment of draft and subsequent final designs, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or WCSWCD staff to sign any necessary documents in connection with the submission, including all applications, certifications and forms and further authorizes and directs the Town Supervisor, Town Budget Officer, Town Highway Superintendent and WCSWCD staff to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of July, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION TO AMEND 2019 BUDGET RESOLUTION NO.: 256, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 84 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2019 Town Budget as follows: To Code Appropriation Code Appropriation $ 030-0000-0909 Fund Balance 030-8120-4400 Misc. Contractual 4,000 th Duly adopted this 15 day of July, 2019 by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING EMERGENCY MEDICAL SERVICES (EMS) STUDY, ESTABLISHMENT OF EMS STUDY CAPITAL PROJECT FUND #230 AND ENGAGEMENT OF CGR RESOLUTION NO.: 257, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Queensbury Town Board requested proposals for professional consulting services related to the study and analysis of the Town’s Emergency Medical Services (Project), and WHEREAS, the Town Supervisor and Town EMS Agency representatives reviewed the received proposals for such Project and have recommended that the Town Board authorize engagement of CGR in accordance with CGR’s “Revised Proposal for Queensbury EMS Analysis” dated July 8, 2019 in the amount of $59,900, and REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 85 WHEREAS, the Town Board wishes to accordingly establish a Capital Project and establish and fund the Revenue and Expense Accounts for the Capital Project in the amount of $59,900, and WHEREAS, the Town Board needs to authorize a transfer from Fund Balance #005-000-0909-4981 in the amount of $59,900 to Capital Project Fund #230, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the study/analysis of the Town’s Emergency Medical Services (Project) and establishment of EMS Study Capital Project Fund #230 in the amount of $59,900 which will establish funding for expenses associated with the Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the engagement of the services of CGR for an amount not to exceed $59,900 in accordance with CGR’s “Revised Proposal for Queensbury EMS Analysis” dated July 8, 2019 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by using $59,900 of unappropriated, undesignated Fund Balance (Account No.: 005-0000- 0909) and transferring such balance to the Capital Project as follows:  005-9950-9030 Transfer to Capital Project - $59,900  230-0000-55031 Interfund Revenue - $59,900  230-3410-4400-4981 Misc. Contractual - $59,900 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to temporarily transfer $59,900 from Fund #005 to Capital Project Fund #230, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend 2019 Fund #005 and Capital Project Fund #230 as needed, keep suitable records and arrange for the repayment of the temporary loan as soon as available, and REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 86 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed agreement with CGR and/or necessary documentation and the Town Supervisor, Purchasing Agent and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of July, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ___ OF 2019 TO ESTABLISH A TEMPORARY MORATORIUM ON INSTALLATION OF GROUND-MOUNTED SOLAR ENERGY SYSTEMS RESOLUTION NO.: 258, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Queensbury Town Board finds that it is in the public interest to prevent the premature and inappropriate installation of any ground-mounted solar energy system that would cause negative impacts to properties and therefore wishes to consider adoption of Local Law No.: ___ of 2019 entitled, "A Local Law to Establish a Temporary Moratorium on Installation of Ground-Mounted Solar Energy Systems” which Law shall authorize a temporary moratorium on the installation of ground-mounted solar th energy systems located within all Town of Queensbury Zoning Districts through February 5, 2020 or any earlier date that the Town Board adopts updated regulations relating to installation of ground-mounted solar energy systems, and REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 87 WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, August 5, 2019 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2019, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2019 in the manner provided by law and send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department and Town of Queensbury Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §264 and §265, the Town’s Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board hereby refers such proposed Local Law to the Warren County Planning Department and the Queensbury Planning Board for their advisory recommendations in accordance with General Municipal Law §239-m and Queensbury Town Code §179-15-040, and directs the Community Development Department to take all actions necessary to effect such referrals. th Duly adopted this 15 day of July, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS - TH WARRANT OF JULY 16, 2019 RESOLUTION NO.: 259, 2019 INTRODUCED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 88 WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant thth with a run date of July 11, 2019 and a payment date of July 16, 2019, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of July thth 11, 2019 and a payment date of July 16, 2019 totaling $964,709.52, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of July, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 260, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town’s Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 89 WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s), to be sold or disposed of as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Item Dept Tag# Card File Cabinet Water W0023 Desk Water T0031 2008 Trailblazer-Fire Marshal B&C 8748 2002 Scraifier Parks 7502 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s), to be sold or disposed of as scrap, as follows: Item Dept Tag# Card File Cabinet Water W0023 Desk Water T0031 2008 Trailblazer-Fire Marshal B&C 8748 2002 Scraifier Parks 7502 and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus item(s) and all Town proceeds from the sales shall be deposited into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 90 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of July, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING LICENSE AGREEMENT FOR TEMPORARY USE OF GURNEY LANE RECREATION AREA RESOLUTION NO.: 261, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Town of Queensbury owns and operates a Town Park known as the Gurney Lane Recreation Area (Park), and WHEREAS, the Under the Woods Foundation, Inc. (Foundation) hosts an annual mountain bike race at the Park known as the Churney Gurney Mountain Bike Race and wishes to make beer available to the public at the Race to be conducted in August 2019, and WHEREAS, the Foundation and the Common Roots Brewing Company (Common Roots) have agreed that Common Roots will provide the beer and oversee its sale to the public, and WHEREAS, the Town Board has determined that the proposed activities are in furtherance of a proper Town purpose and the goals of the Town’s Department of Parks and Recreation, and REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 91 WHEREAS, the parties wish to enter into a License Agreement setting forth the rights and responsibilities of each in connection with the Race and the sale of beer at the Park, and WHEREAS, a copy of a proposed License Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs the Town Supervisor to execute the License Agreement for Temporary Use of Gurney Lane Recreation Area between the Town of Queensbury, Under the Woods Foundation, Inc., and Common Roots Brewing Company substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Counsel, Town Budget Officer and/or Director of Parks and Recreation to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of July, 2019 by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF PROPOSAL AND ENGAGEMENT OF THE CHAZEN COMPANIES FOR PROFESSIONAL SERVICES AS CLERK OF THE WORKS FOR NEW HIGHWAY GARAGE PROJECT RESOLUTION NO.: 262, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, by Resolution No.: 82,2016, the Queensbury Town Board authorized establishment of the Highway Garage Capital Project and Highway Garage Capital Project Fund #208 and the engagement of C.T. Male Associates (C.T. Male) to evaluate the feasibility of the construction of a new Town Highway Garage (Project), and REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 92 WHEREAS, by Resolution No.: 336,2018, the Town Board authorized further engagement of C.T. Male for architectural services relating to the Preliminary Design Phase of the Project and by Resolution No.: 167,2019, authorized engagement of C.T. Male for architectural and engineering services relating to the Design, Bid and Construction Administration Phase of the Project, and WHEREAS, C.T. Male requested proposals for professional services (Services) for engagement of a “Clerk of the Works” for the Project, and WHEREAS, the Purchasing Agent and C. T. Male have reviewed the received proposals and the Town Board wishes to authorize engagement of The Chazen Companies (Chazen) as Chazen submitted the lowest proposal for such Services as set forth in Chazen’s July 3, 2019 Proposal No. PM19-111 for an amount not to exceed $99,500, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the proposal and authorizes and directs engagement of The Chazen Companies (Chazen) for professional services (Services) as Clerk of the Works for the new Town Highway Garage Project (Project) for an amount not to exceed $99,500 as delineated in Chazen’s Proposal No. PM19-111 dated July 3, 2019 presented at this meeting, to be paid for from Capital Construction Account No.: 208-1620-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the proposal and/or any needed agreement between the Town and Chazen and/or documentation, and the Town Supervisor, Facilities Manager, Town Highway Superintendent, Purchasing Agent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of July, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None 3.0 CORRESPONDENCE- NONE REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 93 4.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) GEORGE WINTERS-  Spoke to the Board regarding the traffic light on Aviation Road next to the school. Questioned how it works during the summer months when school is not in session.  Asked when the speed signs will be placed throughout the Town? Supervisor Strough explained Highway Superintendent, Dave Duell will start installing those when he gets back from vacation next week. 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I)-  Spoke at a previous meeting regarding cars being entered illegally. At that time, had warned people to lock their doors. Now the thieves are breaking windows to get inside. Asked everyone to make sure they do not leave valuables such as purses and computers in vehicles.  Spoke regarding the structure fire on Homer Avenue. Thanked the firefighters for their hard work and efforts. COUNCILWOMAN ATHERDEN (WARD II)- Spoke concerning recent code changes with regards to storm water reduction. Wanted to point out that these changes were made as a result of concerned citizens approaching the Board. Grass roots can really have an impact on the community. It’s important that folks come forward if they have an issue. COUNCILMAN FERONE (WARD III)- NOTHING TO REPORT COUNCILWOMAN SWITZER (WARD IV)- The Family Services Association of Glens Falls has a Feet First Program. Every year they provide new shoes for children in need (must be enrolled in school to qualify). For more information and to register a child, please contact The Family Services Association at (518) 793-0797. SUPERVISOR STROUGH-  The Fund for Lake George recently presented the Town with the Irving Langmuir Award in recognition of the Town’s dedication to protecting Lake George through adoption of low impact development practices, including substantial stream corridor and shoreline buffer requirements.  The Fund for Lake George will be presenting the Town with $25,000 for the establishment of the Rockhurst Community Septic System. Thanked the Fund for Lake George, especially Eric Siy, Chris Navitsky and the Board.  Spoke regarding publication he received recently, “Adirondack Park in Rural America”. th  On Wednesday, July 10 attended the Warren County Water Quality Strategy Committee Meeting.  Shared a letter to the Highway Superintendent, Dave Duell from the Board of Elections thanking them for their help with delivering and retrieving the voting machines during the 2019 Primary Election.  Spoke regarding recent article in the Post Star regarding the Fund for Lake recognizing the Town’s environmental efforts.  Recently attended a meeting in the Broadacres area with Councilwoman Atherden regarding establishing sidewalks.  Made a site visit to Golden Goals in the Town of Fort Ann. Very impressed with the magnitude of this site. They are looking for occupancy tax money.  Made another site visit with Highway Superintendent, Dave Duell to assess some washout at the Dobrowski property on 8 Trails End.  Received a call from Mayor Hall regarding EPA assessing landfill on Luzerne Road. Mayor Hall would like to work with the Town to develop a solar program for both Luzerne and Ridge Road landfills.  Thanked Look TV and our sponsors for televising these meetings.  All LED lights have been installed on Main Street and Route 9 (Million Dollar Mile). Per Rise Engineering, Board Members should go out and visit these locations to see if they are happy with REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 94 the product, and if they are all working like they should. Asked them to please report back with findings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 263, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. TH Duly adopted this 15 day of July 2019, by the following vote: AYES: Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I