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10-21-2019 MTG #33 REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 208 REGULAR TOWN BOARD MEETING MTG# 33 OCTOBER 21, 2019 RES# 351-361 7:03 P.M. BOH# 39-42 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILWOMAN CATHERINE ATHERDEN COUNCILMAN GEORGE FERONE COUNCILWOMAN JENNIFER SWITZER TOWN COUNSEL MARK SCHACHNER, ESQ. TOWN OFFICIALS PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order… PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 351, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. st Duly adopted this 21 day of October 2019 by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT: None SUPERVISOR STROUGH- This is a residence located at 211 Assembly Point Road. It’s a four- bedroom place. The agent is Dennis MacElroy of Environmental Design Partnership. They are asking us to consider three variances. The first variance would be the absorption field to be 70 foot from the well instead of the required 100-foot setback. The second variance would be the absorption field to be three foot from the west property line instead of the required 10 foot setback and the third variance would be an absorption field three feet from the south property line instead of the 10 foot required setback. So I would allow the agent of the applicant, and the applicant being Frank and Erin Steinbach, to speak to the details of what kind of system are we talking about here. REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 209 DENNIS MACELROY- Thank you, John. First, I’m Dennis MacElroy with Environmental Design, representing Frank and Erin Steinbach on this application from the variance. They apologize that they aren’t able to be here. They had a long-standing commitment out of town so they weren’t able to be here. This property is in the Shore Colony area of Assembly Point. It fronts on the east shore, the Harris Bay side. It’s one of those properties that has the road, Assembly Point Road that runs between the house and the lake. When I first looked at the property and asked about the replacement system; and to even take it a further step, this is one of the properties that falls under the new local law, which requires system certification upon transfer. The Steinbach’s are new owners purchasing and closed on the property in August. They received an exemption because they were going to proceed with a new design. The prior owner was a second-generation owner who didn’t really know much about the existing system so therefore the Steinbach’s didn’t know too much about the existing system. We did find some information of its existence and when it was built in 1972. They certainly wanted to proceed with the new system. So when I first saw the property, I thought boy, this will be easy because it was a nice big, level backyard that could readily support a new absorption field; until we looked across the…between the trees to this property to the north and saw a well, a drilled well that was just about mid-lot and about 10 feet or so in from the property line. So there wasn’t a location anywhere of the Steinbach’s roughly 60 foot wide, 170-foot deep lot that could be 100 feet, which is the standard separation from an absorption field to the well. There wasn’t anywhere on the lot to have an absorption field that could meet that standard. So we are into the variance situation. In an effort to try to get furthest separation distance, we’ve tucked the absorption field back into what is the southwest corner of the property. I guess it’s 70 feet separation. But it also creates a situation where we bump into two other variance conditions, which is setback to neighboring properties. So instead of 10 feet we’ve suggested three feet. It gives us the 70-foot setback and at least some separation to the neighboring properties. This absorption field will be at grade, it won’t be a mounded, raised area. So it will be just a level lawn…So what else could we do to mitigate the deficiency with the setback to the well? We proposed the use of a ETU- Enhanced Treatment Unit, which you’ve heard about, you’ve seen in other applications. In this case, a Clarus Fusion 430, which is a treatment unit that goes beyond what a conventional septic tank does. It provides greater treatment, enhanced treatment as the name characterizes. So that’s something that’s being added to help mitigate that distance. Now is there anything else that could be done? Well yes, as that effluent goes from the Clarus Unit more highly treated, it goes into a pump tank but along the way we could put it through a UV light, which provides disinfection, so it’s an additional level of treatment. So both of these enhanced treatment techniques, I think, are a good measure to mitigate the fact that they aren’t that standard 100 feet away but it’s 70 feet. So, that’s what we’re proposing. It results in the three variances as described. We have had conversations, I know the owners, Erin and Frank have had conversations with the affected neighbors, most particularly the neighbors to the north, the Carte family. I think we’ve tried to share whatever information we can with them, hopefully it’s something that meets their approval and the Board’s. SUPERVISOR STROUGH- Questions for Mr. MacElroy. COUNCILMAN FERONE- Catherine and I went up and did a site visit. I don’t think there’s more we could say besides what’s been said. They’re trying to put this system in an area of the property to give the greatest distance from the well, which I think is the primary concern. Again, when you talk 10 feet to three feet it’s not a tremendous amount of space between the property lines and where their seepage, septic field has to go. So… SUPERVISOR STROUGH- Yeah. COUNCILMAN FERONE- We were somewhat positive on the plan. COUNCILWOMAN ATHERDEN- And it’s a vast improvement as to what’s there right now. COUNCILMAN FERONE- Right. REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 210 COUNCILWOMAN ATHERDEN- I mean, I think you said that it was like 1973 or something… MR. MACELROY- The existing system is the records that we have from 1972 and that system, that absorption field that conventional trench system absorption field probably is in the range of about 35 feet from the well as it exists. I’m not sure what came first, that field in 72 or the well, but they’re both there now. SUPERVISOR STROUGH- So, we’re installing a fusion 450, state of the art in pre-treatment, and then it’s going to be … for lack of a better word, by the south…3G. Now the Salcor 3-G has that UV lamp …with Teflon coating. How do we know if that failed? MR. MACELROY- Well that question came up with discussion with the neighbor as well as what could be done. It can be wired to an alarm, conditioned so that if that UV light, which isn’t in the basement of the house like many times UV lights are used for water supply disinfection… SUPERVISOR STROUGH- Right. MR. MACELROY- This is out in the pump tank. But there would be a mechanism to wire it to a control panel in the house that would then give an alarm light…type situation so that you could be aware that it’s functioning properly. SUPERVISOR STROUGH- And you’d be alright if we conditioned this that the Salcor 3-G would be wired to a control panel to notify the owner of failure of UV lamp. MR. MACELROY- Correct. SUPERVISOR STROUGH- Okay. So the waste that’s going to the field has been pretreated and disinfected and they probably say it’s drinkable. I’m not going to try it out. Then it goes to a traditional absorption field. MR. MACELROY- Correct. You’ve got stone bed distributed through lateral pipes within that bed. SUPERVISOR STROUGH- Okay. I’m going to open this public so the public can speak to this application or variances. Is there any member of the public that wishes to speak to this application, which is Frank and Erin Steinbach, 211 Assembly Point Road. Yes, sir. CHRIS CARTE- I’m here on behalf of my mother Irma Carte who lives at 213 Assembly Point Road, the property next door with the well. I’m not here to speak in opposition to the plan. I think it looks like it’s probably the best solution considering all the circumstances and the size of the piece of the property. John, I’m glad that you asked that question about the UV light because that was one of my questions. If we could make that part of the stipulation, I think that would be good. An Audible warning would be better than a visual, in my opinion. I guess either one would be okay. SUPERVISOR STROUGH- Alright, well maybe even both, I’ll ask Dennis. MR. CARTE- And I don’t really know because I’m not an expert in this at all, if 70 feet from a well verses 100 feet from a well is like the typical scenario that variances have been granted for that in the past. I don’t know what… SUPERVISOR STROUGH- Well, just to…we have granted variances from that in the past if the applicant is putting in an advanced system like what’s being proposed tonight. MR. CARTE- Gotcha, yeah. SUPERVISOR STROUGH- If it was a traditional system we would probably be reluctant to enjoin consideration of that. REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 211 MR. CARTE- Yeah, I understand. And it does look like a good system. Dennis and I have been emailing back and forth and I’ve asked him a number of questions. The new technology looks great on paper. I understand that there are some moving systems in use but they’re not particular time tested. They seem to … at a lot of moving parts and things go wrong over time. I’m not going to…the Steinbach’s seem like nice people and Dennis has answered all of my questions and I’m going to just hope for the best, but if we can be sure that UV light can stays lit all of the time, because bulbs do burn out, that would satisfy us. SUPERVISOR STROUGH- Okay. COUNCILMAN METIVIER- Are you on Shore Colony? MR. CARTE- What’s that? COUNCILMAN METIVIER- Are you on Shore Colony? MR. CARTE- The waters…oh no we are not part of Shore Colony. COUNCILMAN METIVIER- You’re not part of Shore Colony, why not? MR. CARTE- Just the way the property…the plots are laid out. It’s never been a part of Shore Colony. COUNCILMAN METIVIER- Really. MR. CARTE- Yes. COUNCILWOMAN ATHERDEN- That’s interesting. COUNCILMAN METIVIER- That’s odd. And is your mom there year round? MR. CARTE- What’s that? COUNCILMAN METIVIER- Is your mom there year round? MR. CARTE- She is. COUNCILMAN METIVIER- Okay. I wonder why he wouldn’t be on Shore Colony. It makes no sense. COUNCILWOMAN ATHERDEN- It’s right next door. COUNCILMAN METIVIER- Maybe Dennis knows. Alright, I’ll drop it. MR. CARTE- Thank you. SUPERVISOR STROUGH- Okay, thank you. Anybody else like to speak to this application for a sewage disposal variance? Yes, ma’am. NANCY RINALI- I live right to the south of their house. My concern was I presently don’t have a well on my property but at some time might want to put one. We measured it out and the closest or furthest away we could get from that line would be 80 feet. I’m just concerned about me be able to…I know I don’t need a variance to put a well in but I don’t want to be in line with it or that close to it. Well, I can allay some of you concerns by saying that this Fusion 450 with a built in UV System, I think you can feel pretty satisfied. It’s about the best going. If this was going in next to mine and my well was 80 feet away given the terrain and environment that you’re talking about, I would feel okay. MS. RINALI- Okay. I just wanted to state that. SUPERVISOR STROUGH- I understand your concern. REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 212 MS. RINALI- Yeah. If we ever sell the property and somebody wants to build a house and wants a well, I don’t it to stop anything. SUPERVISOR STROUGH- Keep in mind that 100 foot is for the worst case scenario, you know, the terrain, the soil types, the type of system you’re talking about where your well is incased and all your new wells, you well would be incased, all would go into factor into, you know, us as the Board of Health looking into protecting your health. MS. RINALI- Okay. SUPERVISOR STROUGH- Okay. MS. RINALI- Alright, yep. SUPERVISOR STROUGH- Alright, thank you. Any other member of the public wish to speak to this application? Alright, seeing none, Dennis, would you come back, please? So, Mr. Carte had two things, one is can the notification for the UV lamp failure be audible and visual or what is it usually? MR. MACELROY- It can be, certainly. SUPERVISOR STROUGH- Okay. MR. MACELROY- It would be mounted at a control panel in the basement area in the mechanical space in the house, similar to the pump station… SUPERVISOR STROUGH- Then you almost want an audible aspect to it. MR. MACELROY- Yes. It’s going to be in the house. It’s something that’s easily visible but if an audible alarm will ease the minds of those, that’s fine. SUPERVISOR STROUGH- And the other concern Mr. Carte had was the dependable on the Fusion 450. How has it been time tested and so forth? MR. MACELROY- Yeah, I think that we had the conversation or communications that Chris mentioned and we’ve included Eric Murdock, who John, you’re familiar with at least, and I think he’s been before the Board, who is the representative of the Fusion unit in this territory. Trying to answer some of those questions and we’ve provided the owner’s manual for review, but the longevity. It’s a technology that, my understanding, came from Japan. It’s been used for decades. In the United States, not as long, certainly, Eric referenced 15 years that he’s been involved with these units, being familiar with them. In Lake George time tested, maybe the first one was in Lake George in Diamond Point. That’s probably been only five years or so that that’s been in place on a year round house. Others that we’ve put in here in Queensbury two to three years. The Dunham’s Bay ones are the prime example where they’ve been used. So no, there hasn’t been a long local time test but company-wise or technology-wise, it’s been tested. There is a standard four-year maintenance agreement that comes with the unit upon the sale of that unit, so the Steinbach’s will have four years of maintenance built into that system and then they will continue that in the future with annual renewals. As much as I can assure you that it will be looked at… SUPERVISOR STROUGH- Yeah. MR. MACELROY- That’s how it will take place. SUPERVISOR STROUGH- Okay, any other questions? Yes. COUNCILMAN FERONE- Just to allay some of the fears that folks have about the wells, another thing you spoke to us about that day that stuck in my mind about the depth of the wells in these areas go down hundreds and hundreds of feet. REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 213 MR. MACELROY- Correct. COUNCILMAN FERONE- And the chances of… MR. MACELROY- Right, every well is different. In Assembly Point, it’s typical that wells are very deep and not great yield and sometimes not great quality. There might be sulfur. That’s just a local issue. As I said, it’s so strange to see that beautiful lake out there but when you drill a well you stick a straw down into the geologic formation and it takes great depth to be able to get that water supply. I’m not sure, I tried to research the Carte’s well but not all of that information is publicly available from whenever that original well was…but I suspect that it’s hundreds of feet deep, yes. A hundred feet has been the horizontal standard, and again as I mentioned to you, you’d be hard pressed to find an engineer who could tell you exactly why that 100 feet is that magic separation distance. COUNCILMAN FERONE- Thank you. COUNCILMAN METIVIER- So do you know why they’re not… MR. MACELROY- Yes, it’s not in the district. The line just…and it makes sense because the main, one of the mains in that system just is on sunset. It doesn’t go on Assembly Point Road. COUNCILMAN METIVIER- Is that with the assumption that they are going to draw from the lake more often than not. MR. MACELROY- Probably, it was that original Shore Colony subdivision too. I’m not sure whether those …as it went further were part of that because that’s what the system served. The street, the houses the lots that were not necessarily shore-front lots…those interior lots that didn’t have access to… COUNCILMAN METIVIER- John, I wonder if we should have a discussion with Chris before we repave that road to see if we should extend that district. It just makes no sense because the pump is 100 feet from their house. SUPERVISOR STROUGH- Yeah, if it could be done, I don’t see why we wouldn’t. MR. MACELROY- Yeah, it would get into a long conversation about…your biggest problem is that it’s a seasonal system. COUNCILMAN METIVIER- Yeah, I know. MR. MACELROY- Well… COUNCILMAN METIVIER- I think the other crazy fact is the fact that we have all the oversight of septics and where houses go and yet wells can go anywhere Rosick ends up putting them. I mean they showed up in our development and they put a well for our neighbor on the other neighbor’s lawn. It just makes no sense. SUPERVISOR STROUGH- Yeah. COUNCILMAN METIVIER- So we go through all of these processes and yet they can show up tomorrow and drill a well through their leech field. SUPERVISOR STROUGH- Or at least right next to it, yeah. COUNCILMAN METIVIER- It’s insane; I don’t get it? MR. MACELROY- To answer another question that I think Chris had, this wasn’t separation to a neighboring well, it was to the applicant’s own well. But, in years past, and this goes back 15 years probably, I was involved with a variance request for the owner’s replacement of their wastewater system, but it was 31 feet from their own well. Because, the well driller came in and drilled that well right in the center of that lot, the easiest spot where they could get access and REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 214 now years later the owner needs to replace the wastewater system and the only location was 31 feet. But that was approved based on the fact that the well would be disinfected with UV light, and it was the owners own water supply. SUPERVISOR STROUGH- Any other questions? Alright how about a Resolution to approve… COUNCILMAN METIVIER- Should we close the public hearing? SUPERVISOR STROUGH- I’ll close the public hearing, thank you. Resolution approving Frank and Erin Steinbach’s application for sanitary sewage disposal variances. COUNCILMAN METIVIER- Do we have to make some changes to that Resolution? SUPERVISOR STROUGH- Yes, with one condition that the UV light will be wired to control panel and have an audible and visual notification of the failure of the UV lamp, or something like that. TOWN COUNSEL, MARK SCHACHNER- That’s fine. You’ll put that after … resolved that the Town Board authorizes and directs, after be it further, on page 2 at the bottom. RESOLUTION APPROVING FRANK AND ERIN STEINBACH’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 39, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, Frank and Erin Steinbach (Applicants) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater treatment system as follows: 1. Absorption field to be 70’ from the well instead of the required 100’ setback; 2. Absorption field to be 3’ from the west property line instead of the required 10’ setback; and 3. Absorption field to be 3’ from the south property line instead of the 10’ required setback; on property located at 211 Assembly Point Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on st Monday, October 21, 2019, and REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 215 WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Frank and Erin Steinbach for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system as follows: 1. Absorption field to be 70’ from the well instead of the required 100’ setback; 2. Absorption field to be 3’ from the west property line instead of the required 10’ setback; and 3. Absorption field to be 3’ from the south property line instead of the 10’ required setback; on property located at 211 Assembly Point Road in the Town of Queensbury and bearing Tax Map No: 226.19- 2-18, and BE IT FURTHER, RESOLVED, that a condition of this approval is that an audible and visual control panel will be installed to notify the owner of a UV lamp failure, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 216 BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. st Duly adopted this 21 day of October, 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 SEWAGE DISPOSAL VARIANCE APPLICATION OF ADAM LEONARDO RESOLUTION NO.: BOH 40, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Adam Leonardo (Applicant) has applied to the Local Board of Health for a variance from Chapter 136 to install a leach system: 1. 5’ from the property line in lieu of the required 10’ setback; and 2. 87’ from the well in lieu of the required 100’ setback; on property located at 12 Hall Road Extension in the Town of Queensbury, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 217 RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing on th Monday, November 4, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Adam Leonardo’s sewage disposal variance application concerning property located at 12 Hall Road Extension, Queensbury (Tax Map No.: 289.11-1-17) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500’ of the applicant’s property as required by law. st Duly adopted this 21 day of October, 2019, by the following vote: AYES: Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES: None ABSENT: None RESOLUTION GRANTING DON BERNARD OF 20 BRAYTON LLC AN EXTENSION OF TIME FOR SEPTIC SYSTEM REPLACEMENT AT 20 BRAYTON ROAD AND REINSTATING ESCROW DEPOSIT RESOLUTION NO.: BOH 41, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, by Resolution No. 380,2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled “Septic Inspection Upon Property Transfer” which is now set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No. 176,2019, the Town Board adopted Local Law 5 of 2019 to make a minor modification to Chapter 137 to add an additional exemption, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property, and REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 218 WHEREAS, in February 2019, Don Bernard of 20 Brayton LLC (Applicant) purchased property located at 20 Brayton Road directly on the shore of Lake George with the intention of demolishing and removing the existing structure and substandard wastewater treatment system, and delivered a $2,000 escrow deposit to the Town, and WHEREAS, the demolition and removal of the structure and substandard wastewater treatment system has not been completed to date, and WHEREAS, Chapter 137 provides that such escrow deposit will be forfeited to the Town in the event that any removal of the structure and substandard wastewater treatment system are not completed within the time provided as established by Chapter 137, and WHEREAS, by application dated October 1, 2019, Applicant advised that the home on the property is unoccupied, all utilities are disconnected, the existing septic system has been pumped, the septic design is completed and a new home design will be submitted within the next few weeks and therefore, the Applicant has requested that the Town Board grant him additional time to remove the structure and substandard wastewater treatment system and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, as the Town’s Local Board of Health, hereby st authorizes and grants Don Bernard of 20 Brayton LLC additional time or until April 1, 2020 to obtain a demolition permit and certificate of compliance from the Town’s Building and Codes Enforcement Office as set forth in Chapter 137, Subsection 137-4(C)(1), for the completed demolition and removal of the structure and substandard wastewater treatment system located at 20 Brayton Road and to extend the date on which the $2,000 escrow deposit shall be automatically st forfeited to the Town until such date of April 1, 2020 as delineated in this Resolution, and authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to and take any and all action necessary to effectuate all terms of this Resolution. st Duly adopted this 21 day of October, 2019, by the following vote: AYES: Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES: None REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 219 ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 42, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. st Duly adopted this 21 day of October2019, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT 3 MIN) TRAVIS WHITEHEAD- Spoke regarding Resolution 3.7 Authorizing Award of Bid for Purchase of Three (3) Plug-In Hybrid All-Wheel Drive Sport Utility Vehicles for Building and Codes Department. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF PINNACLE HUMAN RESOURCES, LLC FOR PROVISION OF COMPENSATION ANALYSIS SERVICES AND LIVE AND WEB-BASED SEXUAL AND OTHER FORMS OF HARASSMENT TRAINING SERVICES RESOLUTION NO.: 352, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to engage the services of Pinnacle Human Resources, LLC (Pinnacle) for the provision of compensation analysis services and live and web-based sexual th and other forms of harassment training services as generally set forth in Pinnacle’s October 16, 2019 proposals presented at this meeting, REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 220 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Pinnacle Human Resources, LLC (Pinnacle) for the provision of compensation analysis services and live and web-based th sexual and other forms of harassment training services as generally set forth in Pinnacle’s October 16, 2019 proposals substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that such services shall be provided at the following costs: 1) Compensation Analysis Services: $150 per hour (Estimated 30-40 hours) - Not to exceed a total of $6,000; 2) Live and Web-based Sexual and Other Forms of Harassment Training Services: One- time setup fee: $250; New Hire Service: $20 per seat (Year 1); Annual Subscription: $2,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that such services shall be paid for from such account(s) as may be determined to be appropriate by the Town Supervisor and Town Budget Officer, and the Town Budget Officer shall amend the Town Budget and/or or take any other actions necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the proposals substantially in the form presented at this meeting as well as any other needed documentation and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of October, 2019, by the following vote: AYES: Mr. Metivier, Mr. Ferone, Mr. Strough REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 221 NOES: Mrs. Atherden, Mrs. Switzer ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON TOWN OF QUEENSBURY 2020 PRELIMINARY BUDGET RESOLUTION NO.: 353, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town of Queensbury and its Districts for the fiscal year beginning January 1, 2020, and WHEREAS, the Town Board wishes to approve the Preliminary Budget and conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury Preliminary Budget for 2020, comprised of statements of appropriations and estimated revenues, a copy of which is attached and made a part of this Resolution, and BE IT FURTHER, RESOLVED, that copies of the 2020 Preliminary Budget for the Town of Queensbury shall be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall be available for inspection by interested persons during regular business hours, and BE IT FURTHER, th RESOLVED, that the Town Board will conduct a public hearing on Monday, November 4, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all interested persons will be heard concerning the Town’s Preliminary Budget, and REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 222 BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law §108, such Notice to be substantially in the following form: NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2020 NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County of Warren, State of New York for the Fiscal Year beginning January 1, 2020, which includes the S495 Exemption Impact Report, has been filed in the Queensbury Town Clerk’s Office where it is available for inspection by any interested person during normal business hours. FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a public hearing on th Monday, November 4, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and that at such hearing the Town Board shall hear all interested persons concerning the Preliminary Budget. AND FURTHER NOTICE is hereby given in accordance with Town Law §108 that the proposed salaries of Town of Queensbury elected officials for Year 2020 are as follows: TOWN SUPERVISOR 67,276. TOWN COUNCILPERSON (4) 18,000. TOWN CLERK 75,559. TOWN HIGHWAY SUPERINTENDENT 76,377. TOWN JUSTICES (2) 53,109. st Duly adopted this 21 day of October, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ADIRONDACK RUNNERS’ 4 MILE REINDEER RUN AND JR. REINDEER RUN RESOLUTION NO.: 354, 2019 REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 223 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Adirondack Runners has requested authorization from the Queensbury Town Board to conduct its annual 4 Mile Reindeer Run and Jr. Reindeer Run to benefit Cindy’s Camp Comfort and the Adirondack Runners Scholarship Fund as follows: SPONSOR : Adirondack Runners EVENT : 4 Mile Reindeer Run and Jr. Reindeer Run st DATE : Sunday, December 1, 2019 TIME : 8:15 a.m./9:35 a.m. PLACE : SUNY Adirondack – 640 Bay Road, Queensbury NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Runners Club and therefore approves and authorizes the 4 Mile Reindeer Run and Jr. Reindeer Run within the Town of Queensbury to benefit Cindy’s Camp Comfort and the Adirondack Runners st Scholarship Fund on Sunday, December 1, 2019, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to the Town Highway Superintendent’s approval of the race, which approval may be revoked due to concern for road conditions at any time up to the date and time of the event. st Duly adopted this 21 day of October, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 224 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS, PROVISION OF MATCHING GRANT FUNDS AND MEMORANDUM OF AGREEMENT RELATING TO COMPREHENSIVE WATERSHED MANAGEMENT PLAN FOR LAKE GEORGE – #C1000678 RESOLUTION NO.: 355, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury believes that the environmental health and overall quality of life in the Lake George Watershed area is critical to the social and economic well being for the Town of Queensbury, Warren County and the region in general and has partnered with local municipalities (Parties), to develop a Watershed Action Plan (Plan) to guide future actions for the protection and improvement of the watershed and water quality on Lake George, and WHEREAS, by Resolution 16,2017, the Queensbury Town Board authorized execution of Grant Agreement #C1000678 with New York State for a Project referred to as the Comprehensive Watershed Management Plan for Lake George – Town of Queensbury – Grant #C1000678 and accepted grant funds on behalf of all participating municipalities in the Lake George Watershed Coalition for implementation of a Local Waterfront Revitalization Program and to support the development of a Comprehensive Watershed Management Plan for the whole of Lake George (Project), and WHEREAS, the Town wishes to contribute matching funds in the amount of $4,500 toward the Project as more specifically set forth in the “Comprehensive Watershed Management Plan for Lake George” information from the Warren County Planning Department dated September 12, 2019 and presented at this meeting, and WHEREAS, the Town Board wishes to authorize the acceptance of grant funds and payment of expenses as may also be set forth in a Memorandum of Agreement Relating to Comprehensive Watershed Management Plan for Lake George – Town of Queensbury – C1000678 between the Town and Parties, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the acceptance of grant funds from the New York State Department of State Relating to the Comprehensive Watershed Management Plan for Lake George – Town of Queensbury – C1000678 as delineated in this Resolution, the provision of matching funds in the amount of $4,500 to be paid for from Community Service Agreements Account No.: 001-8030-4414 and the payment of expenses in the interest of advancing the important work of protecting the preservation of REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 225 water quality of Lake George as may be specifically set forth in a MOA between the Town and other local municipalities (Parties) to be in such form as may be acceptable to the Town Supervisor and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the budget by transferring $4,500 from undesignated, unappropriated Fund Balance Account No.: 001-0000- 0909 to Community Service Agreements Account No.: 001-8030-4414 and take any other actions needed to provide for payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed MOA and any other documentation and further authorizes and directs the Town Supervisor, Town Counsel and/or Town Budget Officer to take all such other and further actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of October, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF EDWARD & THOMAS O’CONNOR, INC., TO REPAIR SHUT-OFF VALVE TO ALDI’S MARKET ON QUAKER ROAD RESOLUTION NO.: 356, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Water Superintendent has advised that it is necessary to repair a 6” shut- off valve to Aldi’s Market located on Quaker Road in the Town, and REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 226 WHEREAS, the depth and presence of a high groundwater table requires equipment and labor that the Town Water Department does not possess in order to manage the repair in a safe and efficient manner, and WHEREAS, the Water Superintendent requested and received quotes for such repair work and the lowest received quote is from Edward & Thomas O’Connor, Inc., dated 10/2/2019 in the amount of $10,640, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of the services of Edward & Thomas O’Connor, Inc. to repair a 6” shut-off valve to Aldi’s Market located on Quaker Road in accordance with Edward & Thomas O’Connor, Inc.’s Quote dated 10/2/2019 in the amount of $10,640 substantially in the form presented at this meeting and authorizes additional expenditures up to the amount of $2,360 for any necessary additional labor and equipment costs to accommodate for unforeseeable underground conditions, to be paid for from Misc. Contractual Account No.: 040-8340-4400, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer of $13,000 from the Water Department’s Undesignated Fund Balance to Misc. Contractual Account No.: 040-8340-4400 to fund such work, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation, and the Town Supervisor, Town Water Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of October, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AND FINAL ORDER APPROVING QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 7 REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 227 RESOLUTION NO.: 357, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District (hereinafter the “District”) to be known as the Queensbury Technical Park Sewer District Extension No. 7 (hereinafter the “Sewer District Extension”), and WHEREAS, a Map, Plan and Report has been prepared by Nace Engineering, P.C., engineers licensed by the State of New York regarding the proposed Sewer District Extension to permanently serve a new development of Luzerne Road Duplexes to be constructed by Hayes & Hayes on one (1) parcel bearing Tax Map Identification No.: 309.10-1-97 and located on Luzerne Road as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been accepted and approved by the Town and has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and th WHEREAS, on August 19, 2019 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted Order No. 284,2019 (Public Hearing Order) reciting (a) the boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the fact that all costs of the improvements will be paid for by the property owner and not the Town of Queensbury; (e) the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the only one property in the Sewer District Extension so it is the typical property); (f) the proposed method of financing to be employed; (g) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk’s Office; and (h) the time and place of a public hearing on the proposed Sewer District Extension; and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the parcel were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 228 WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, the estimated annual cost of the District Extension to the parcel has been filed with the Town Clerk and is made a part of the Map, Plan and Report, and WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on Monday, th September 9, 2019 and the Town Board considered the evidence given together with other information, and th WHEREAS, on September 9, 2019, the Town Board considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and by Resolution No.: 289,2019 adopted a Negative Declaration concerning environmental impacts, and th WHEREAS, on September 9, 2019, the Town Board adopted Resolution No.: 290,2019 determining that (a) the Order scheduling the Public Hearing was published and posted as required by law and was otherwise sufficient, (b) all of the property and property owners within the proposed District Extension would be benefited thereby, (c) all of the property and property owners benefited are included within the boundaries of the proposed District Extension, and (d) it is in the public interest to establish, authorize, and approve the District Extension as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Sewer District Extension to be as described in the Map, Plan and Report, subject to permissive referendum in the manner provided in Town Law Article 7 and subject to certain conditions specified in the Resolution, and WHEREAS, the Town Clerk duly posted and published the notice required for resolutions subject to permissive referendum and no Petition for Referendum was filed within 30 days after the date of the Resolution, and the Town Clerk has caused a Certificate to that effect to be filed in the Office of the County Clerk, and WHEREAS, the permission of the State Comptroller is not required in accordance with Town Law §209-f, and WHEREAS, the Town Board wishes to establish the proposed District Extension as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, IT IS HEREBY REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 229 ORDERED, that the Queensbury Technical Park Sewer District Extension No. 7 be established as described in this Order and in the Map, Plan and Report prepared by Nace Engineering, P.C., having extension boundaries as detailed in the metes and bounds description from the Town’s Public Hearing Order Resolution No.: 284,2019 dated August 19, 2019 and attached hereto as Schedule A and the improvements described in the Map, Plan and Report be constructed and the service within the District be provided upon the required funds being made available or provided for, and it is FURTHER ORDERED, that the Town Board authorizes and directs the Town Clerk to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of Warren County and to be filed in the office of the State Department of Audit and Control in the time and manner required by law, and it is FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Wastewater Director and/or Town Counsel to take all other actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of October, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None SCHEDULE A – Metes and Bounds Description All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the northerly bounds of Luzerne Road at the southwest corner of the lands now or formerly of Thomas Spring; running thence North 81 degrees, 07 minutes and 53 seconds West, along said Luzerne Road, a distance of 111.17 feet to the southeast corner of lands now or formerly of Edward Murray; thence running along said lands the following two courses and distances: (1) North 08 degrees, 22 minutes and 02 seconds East, a distance of 127.65 feet; (2) North 81 degrees, 31 minutes and 38 seconds West, a distance of 271.01 feet to a point in the easterly bounds of the lands of the West Glens Falls Volunteer Fire Company No. 1; thence running North 06 degrees, 18 minutes and 50 seconds East, along said lands and along the lands of Fire Fighters of West Glens Falls Association, a distance of 479.87 feet to the northeast corner thereof and the southerly bounds of Sunset Avenue; thence running South 73 degrees, 20 minutes and 58 seconds East, along the southerly bounds of said Sunset Avenue, the southerly bounds of lands of Matthew Ball and the southerly bounds of the lands of Patricia Jones and part of the way along the southerly bounds of Mallory Avenue, a total distance of 261.37 feet to a point at the northwesterly corner of said lands of Thomas Spring; thence running South 05 degrees, 28 minutes and 38 seconds East, along said lands REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 230 of Spring, a distance of 588.11 feet to the point and place of beginning, containing 3.48 acres of land to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF THREE (3) PLUG-IN HYBRID ALL-WHEEL DRIVE SPORT UTILITY VEHICLES FOR BUILDING AND CODES DEPARTMENT RESOLUTION NO.: 358, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Resolution No.: 320,2019, the Town of Queensbury’s Purchasing Agent duly advertised for bids in the Town’s official newspaper and through the New York State Office of General Services Procurement Program for the purchase of three (3) 2020 or newer Plug-In Hybrid All-Wheel Drive Sport Utility Vehicles (Vehicles) for the Department of Building and Codes as were described in specifications prepared by the Director of Building and Code’s (Director) and/or Purchasing Agent, and th WHEREAS, on October 15, 2019 the Purchasing Agent duly opened the one (1) bid that was received and also has advised that she did not receive any bids from the New York State Pro Vehicle Market Place, and WHEREAS, the Purchasing Agent and Director reviewed the one (1) received bid and have recommended that the Town Board award the bid to the only and therefore lowest, responsible bidder, North Country Imports, for the amount of $35,188 for each vehicle for a total amount not to exceed $105,564, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of three (3) 2020 Subaru Crosstreks – All-Wheel Drive Plug-in Hybrids - for use by the Department of Building and Codes from the only and therefore lowest, responsible bidder, North Country Imports, for an amount of $35,188 for each Vehicle for a total amount for the three (3) Vehicles not to exceed $105,564, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 231 RESOLVED, that the Town Board further authorizes and directs that payment for such Vehicles shall be from Equipment/Vehicle Replacement CP Account No.: 195-1640-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the Vehicle(s) being replaced in the Building and Codes Department identified as a 2008 Ford Ranger, Town Asset No: 8704 and a 2009 Ford Ranger, Asset No.: 8785, and deposit any sales proceeds into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of October, 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 - THND WARRANTS OF OCTOBER 8 AND OCTOBER 22, 2019 RESOLUTION NO.: 359, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as ththth Warrants with run dates of October 17, 2019 and October 17, 2019 and payment dates of October 8 and nd October 22, 2019, respectively, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves two (2) Warrants with run dates of thththnd October 8 and October 17, 2019 and payment dates of October 8 and October 22, 2019 totaling $3,830.10 and 620,995.68, respectively, and REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 232 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. st Duly adopted this 21 day of October, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING TOWN OF QUEENSBURY TO JOIN WARREN COUNTY AS PLAINTIFF IN WARREN COUNTY SUPREME COURT CIVIL LITIGATION AGAINST DAVID J. DECKER RESOLUTION NO.: 360, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Warren County has commenced civil litigation in Warren County Supreme Court against David J. Decker (Index No.: EF2019-66947) seeking the recovery of $50,000 in funds that Mr. Decker failed to remit to Warren County as was required by Agreement, which $50,000 in funds had previously been paid to Mr. Decker by the Town of Queensbury, and WHEREAS, the Town wishes to join Warren County as a Co-Plaintiff in such civil litigation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the Town join with Warren County as a Plaintiff in civil litigation commenced in Warren County REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 233 Supreme Court against David J. Decker (Index No.: EF2019-66947) seeking the recovery of the $50,000 in funds as generally described in this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Counsel to prepare any necessary documentation and the Town Supervisor, Town Budget Officer and/or Town Counsel to take any and all actions necessary to effectuate all terms of this Resolution. st Duly adopted this 21 day of October, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None 4.0 CORRESPONDENCE DEPUTY TOWN CLERK MELLON-The 2020 Preliminary Budget has been received and filed in the Town Clerk’s Office. 5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) TRAVIS WHITEHEAD- Spoke regarding cost savings with the recent projects done to Town Office Building as well as the Senior Center. There was a significant savings compared to the minimal savings associated with new hybrid vehicles. 6.0 TOWN BOARD DISCUSSIONS COUNCILWOMAN SWITZER (WARD IV)- Kudos to the Queensbury High School students who participated in Power of Pink. REGULAR TOWN BOARD MEETING, 10-21-2019, MTG #33 234 COUNCILMAN FERONE (WARD IV)- Spoke regarding recent workshop meeting on Budget and the Post Star’s reporting on that. There is a lot of background work that goes into this and the Board works very diligently. th COUNCILWOMAN ATHERDEN (WARD II)- On Monday, October 28 an Environmental Activist and author is going to be speaking at SUNY Adirondack and Crandall Public Library. Her name is Sandra Steingraber and she is the author of “Living Downstream: An Ecologist Personal Investigation of Cancer in the Environment”. She will be speaking about the “Mission Driven Action & Loss of the Commons: What it Means for the Environment”. A lecture and question and answer session will take place at 12:30pm at SUNY Adirondack in the northwest bay Conference Center in Adirondack Hall, there is a reception and resource café organized by North Country Climate Reality, which will follow the presentation. Also, in the McDonald Room at Crandall Public Library at 6:30pm, there’s an introduction to the film “Unfractured”. COUNCILMAN METIVIER (WARD I)- Nothing to report. SUPERVISOR STROUGH-  Shared a thank you note from Kristy Myhrberg to the Town Clerk’s Office.  Reviewed the annual fall leaf bag pick-up schedule.  Supervisor’s Report to Board and Community.  Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 361, 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. st Duly adopted this 21 day of October 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