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04-20-2020 MTG #14 REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 579 REGULAR TOWN BOARD MEETING MTG #14 APRIL 20, 2020 RES #149-162 7:00 P.M. BOH #25-26 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE TOWN COUNSEL MARK SCHACHNER, ESQ. (remote) PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order… PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH 1.0 BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 149, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 20 day of April 2020 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: None PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE APPLICATION OF WILLIAM SMITH NOTICE SHOWN PUBLICATION DATE: APRIL 10, 2020 AGENT – DENNIS MACELROY SUPERVISOR STROUGH: Reviewed resolution. DENNIS MACELROY, ENVIRONMENTAL DESIGNS PARTNERSHIP- I am representing the owners and applicants Bill and Michelle Smith. They are in the audience tonight. You explained it very well John. This is the proposed replacement wastewater system for the existing residence, which transferred in October. The deposit was placed to get a waiver from the inspection process because it was known upon sale that the system that existed would pass an inspection. We went right to the design of the new system. That system includes the enhanced REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 580 treatment unit the Clarus 450. It includes a UV disinfection system. As the treated effluent passes on to the pump tank it passes through a UV light, which will disinfect it further treating it from pathogens and whatnot that are typical of wastewater. The effluent pump will pump it up to a disbursal field located under the parking areas. Usually we do not place systems under parking locations. On occasion, we do with the lack of space and the use of these particular gravel-less chambers. They are structurally sound to be able to withstand any weight of parking and whatnot. They are H-20 loading they achieve that qualifications so that is suitable for that type of use. I will clarify something I said this afternoon when we did our site visit about the oxygen transfer. John, you asked that question. If you look at that detail on Sheet 4. It shows the hood; it is half a pipe, which is thirty-four inches wide. There is oxygen there. There is plenty of oxygen within that hood because that is an open void. That is where we satisfy that treatment requirement or that treatment capability. Oxygen is within there so we are not necessarily transferring…just to clarify that point. SUPERVISOR STROUGH- To your point, there is an element of trans-evaporation to these systems, but not so much here. MR. MACELROY- Correct. The placement of these components have required a number of variances, which you have described. Property line variances are because parking area where the field will be under is close to the property lines. The treatment tank is placed a little closer to that dwelling then standard. That keeps it ten feet from the property line. There were a couple of give and takes there. The treatment tank is thirty-six feet from the owners own well, which is on the other side of the foundation anyway so it is not a big deal. Probably the two more significant variances are the separation to the neighboring wells. The Dineens across the road up gradient well is sixty-five feet away. The Babcock property to the south is ninety-four feet away. The mitigation to those is this enhanced treatment the Clarus Fusion and the UV disinfection. With those components is part of the system we feel it is an appropriate design, but nonetheless need to have the variances. SUPERVISOR STROUGH-Any question of the agent of the applicant before I open the public hearing. I am going to open the public hearing. Is there anyone here that wishes to speak to this application before us tonight? There is no one that wishes to speak to this? Any further questions? COUNCILMAN FREER- John, just to try to move this along. I sent out a text if there is anybody that wanted to make a comment on this variance to let me know. Tim McNulty just chatted back to say thank you for letting me know about the technical difficulties. SUPERVISOR STROUGH-Having no interest from the public to speak to this matter, I will close the public hearing. DEPUTY CLERK MELLON-Read the following letter regarding sewage variance at 13 Chestnut Ridge Road. Dear Town Board Members: My wife and I live at 19 Chestnut Road and we would like to express our opinion, regarding the above noted property. We believe that the installation of a new and proper sewage disposal system on their property is appropriate and in keeping with desire to maintain the quality of Glen Lake. Therefore, their proposal should be approved with all necessary variances due to the limited size of the property. Sincerely, William and Terrie Mansmann. PUBLIC HEARING CLOSED RESOLUTION APPROVING WILLIAM SMITH’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 25, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 581 WHEREAS, William Smith (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater system with certain of its components to be located as follows: 1. Absorption field to be 1’ from the west property line instead of the required 10’ setback; 2. Absorption field to be 1’ from the north property line instead of the required 10’ setback; 3. Absorption field to be 65’ from the west neighboring well line instead of the required 100’ setback; 4. Absorption field to be 94’ from the south neighboring well line instead of the required 100’ setback; 5. Absorption field to be 56’ from the onsite well line instead of the required 100’ setback; 6. Treatment Tank to be 7’ from the dwelling instead of the required 10’ setback; and 7. Treatment Tank to be 36’ from the onsite well instead of the required 50’ setback; on property located at 13 Chestnut 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 th variance requests on Monday, April 20, 2020, and 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 are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 582 RESOLVED, that the Local Board of Health hereby approves the application of William Smith for variances from the Sewage Disposal Ordinance to install a replacement septic system to install a replacement wastewater system with certain of its components to be located as follows: 1. Absorption field to be 1’ from the west property line instead of the required 10’ setback; 2. Absorption field to be 1’ from the north property line instead of the required 10’ setback; 3. Absorption field to be 65’ from the west neighboring well line instead of the required 100’ setback; 4. Absorption field to be 94’ from the south neighboring well line instead of the required 100’ setback; 5. Absorption field to be 56’ from the onsite well line instead of the required 100’ setback; 6. Treatment Tank to be 7’ from the dwelling instead of the required 10’ setback; and 7. Treatment Tank to be 36’ from the onsite well instead of the required 50’ setback; on property located at 13 Chestnut Road in the Town of Queensbury and bearing Tax Map No: 289.13-1-11. th Duly adopted this 20 day of April, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 26, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 20th day of April 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 583 ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT – 3 MINUTES) NO COMMENT 3.0 RESOLUTIONS RESOLUTION AUTHORIZING REAPPOINTMENT OF DONNA PARTRIDGE AS MEMBER OF CEMETERY COMMISSION RESOLUTION NO.: 150, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and WHEREAS, the present term of Cemetery Commission member Donna Partridge will expire th as of June 30, 2020 and the Town Board wishes to authorize the reappointment of Ms. Partridge to st the Commission for a new three year term commencing as of July 1, 2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the reappointment of Donna Partridge as a member of the Town of Queensbury Cemetery Commission to serve a three stth year term commencing as of July 1, 2020 through June 30, 2023. th Duly adopted this 20 day of April, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION APPROVING YEAR 2019 SERVICE AWARD PROGRAM RECORDS FOR QUEENSBURY VOLUNTEER FIRE COMPANIES RESOLUTION NO.: 151, 2020 INTRODUCED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 584 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board previously authorized engagement of PENFLEX, Inc., to provide the 2019 Standard Year End Administration Services for the Town’s Volunteer Fire Companies and Volunteer Ambulance Workers Service Award Programs, and WHEREAS, as part of the Service Award Program(s), it is necessary that the Town Board approve the Fire Companies’ and Emergency Squads’ Year 2019 Service Award Program Records, and WHEREAS, the Town Supervisor’s Office has received and reviewed the records from each of the Town’s five (5) Volunteer Fire Companies and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2019 Volunteer Fire Company Service Award Program Records for each of the Town’s five (5) Volunteer Fire Companies, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of April, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING REFURBISHMENT OF PUMP #1 AT MEADOWBROOK ROAD PUMP STATION FROM DOTY MACHINE WORKS RESOLUTION NO.: 152, 2020 REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 585 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Wastewater Director has advised that it is necessary to refurbish Pump #1 at the Meadowbrook Road Pump Station (mechanism), and WHEREAS, the Wastewater Director requested and received quotes for such mechanism and the lowest quote is from Doty Machine Works dated 13 Apr 20 in the amount of $9,070 for basic repairs plus an additional budgetary cost of $6,000 for unforeseen repairs, for a total cost not to exceed $15,070, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the refurbishment of Pump #1 at the Meadowbrook Road Pump Station by Doty Machine Works in accordance with its quote dated 13 Apr 20 presented at this meeting in the amount of $9,070 for basic repairs plus an additional budgetary cost of $6,000 for unforeseen repairs for a total cost not to exceed $15,070, to be paid from Account No.: 036-8120-4800 ($5,426) and Account No.: 032-8120-4800 ($9,644), 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 transfers of $5,426 from Fund #36 Route 9 Sanitary Sewer Undesignated Fund Balance to Account No.: 036-8120-4800 and $9,644 from Fund #32 Queensbury Consolidated Sanitary Sewer Undesignated Fund Balance to Account No.: 032-8120-4800, for a total of $15,070, 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 Wastewater Director and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of April, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 586 RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE’S LAWN CARE TO MOW CERTAIN ABANDONED OR NEGLECTED PROPERTIES IN TOWN OF QUEENSBURY RESOLUTION NO.: 153, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has reported to the Queensbury Town Board that the following properties in the Town of Queensbury are in a state of serious neglect: 1. 7 Quarry Crossing; 2. 43 Lambert Drive; 3. 35 Fox Hollow Drive; 4. 24 Pinello Road; and 5. 3 Wagon Trail Road; and WHEREAS, the Town Board has concluded that the condition of the properties creates a public health hazard due to concerns regarding fire and the harboring of ticks and other vermin in the tall grass, and WHEREAS, the Director reports that he has previously attempted to contact each of the owners of record by certified letter and/or posting of the properties, and WHEREAS, the Director reports that his efforts have been to no avail and he has been unable to reach anyone or to obtain any resolution of the situation, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, WHEREAS, the Director obtained quotes for the monthly mowing of these properties for a period of five (5) months, and REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 587 WHEREAS, by quote dated 4/15/2020, Cheap Pete’s Lawn Care submitted a quote for such work in the amount of $295 total per month for the above-described parcels, with such work proposed th to commence on or about May 15 for a period of five (5) months for a total amount not to exceed $1,475 and therefore the Director recommends that the Town Board engage their mowing services, NOW, THEREFORE, BE IT, RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to the Property Owner of Record as set forth above requiring that they mow the lawn on their land within 10 days and failing to do so, the Town will cause such action to be taken and the cost thereof will be assessed by the Town Board on the real property and the assessment shall constitute a lien and charge on the real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves of the Director of Building and Codes Enforcement’s engagement of the monthly lawn mowing services of Cheap Pete’s Lawn Care for the amount of $295 total per month for the properties described in the preambles of this th Resolution commencing on or about May 15 for a period of five (5) months for a total amount not to exceed $1,475, to be paid on a monthly basis upon Cheap Pete’s Lawn Care submitting a proper invoice to the Town outlining the dates on which the properties were mowed, to be paid for from Account No.: 001-3620-4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $1,475 from Contingency Account No.: 001-1990-4400 to Account No.: 001-3620-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Building and Codes Enforcement to inform the Town Assessor and/or Town Receiver of Taxes and Assessments of the total expenses of such cutting, trimming, removal or spraying of each property so that the expenses can be properly assessed and constituted as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of April, 2020, by the following vote: REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 588 AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE’S LAWN CARE FOR ONE-TIME CLEAN-UP OF ABANDONED OR NEGLECTED PROPERTIES RESOLUTION NO.: 154, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has advised the Town Board of two properties in the Town of Queensbury, one located at 35 Fox Hollow Drive and one located at 43 Lambert Drive, that are in a serious state of neglect in that the yards need to be cleared of downed tree limbs, needles, leaves and debris and therefore he recommends that the Town Board authorize a one-time clean-up of these properties, and WHEREAS, the Town Board has concluded that the condition of the properties creates a public health hazard due to concerns regarding fire and the harboring of ticks and other vermin in the tall grass, and WHEREAS, the Director reports that he has attempted to contact the owners of record by letters and/or posting of the properties, and WHEREAS, the Director reports that his efforts have been to no avail and he has been unable to reach anyone or to obtain any resolution of the situation, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, and WHEREAS, the Director obtained a quote for a one-time clean-up of these properties, and REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 589 WHEREAS, Cheap Pete’s Lawn Care submitted quotes dated 4/15/2020 for one-time total cleanups of the properties for the amount of $325 and therefore the Director recommends that the Town Board engage their services, NOW, THEREFORE, BE IT, RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to Property Owners of Record of 35 Fox Hollow Drive and 43 Lambert Drive in the Town of Queensbury as set forth above requiring that they clean-up their respective properties within 10 days and failing to do so, the Town will cause such action to be taken and the cost thereof will be assessed by the Town Board on the real properties and the assessment shall constitute a lien and charge on the real properties until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to engage the services of Cheap Pete’s Lawn Care for the amount of $325 for a one-time cleanup of each property (removal of tree limbs, needles, brush, leaves and other debris, etc.) for the total amount of $650 to be paid upon Cheap Pete’s Lawn Care submitting a proper invoice to the Town outlining the date(s) on which each property was cleaned-up, to be paid for from Account No.: 001-3620-4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $650 from Contingency Account No.: 001-1990-4400 to Account No.: 001-3620-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Building and Codes Enforcement to inform the Town Assessor and/or the Town Receiver of Taxes and Assessments of the total expenses of such clean-up including cutting, trimming, removal or spraying of the property so that the expenses can be properly assessed and constituted as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement, Town Assessor, Town Receiver of Taxes and Assessments and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of April, 2020, by the following vote: REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 590 AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $1,700,000 IN SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY THE COST OF ACQUISITION, CONSTRUCTION, AND INSTALLATION OF WATER DISTRICT IMPROVEMENTS ALONG RIDGE ROAD; AND AUTHORIZING THE ISSUANCE OF UP TO $1,700,000 IN BOND ANTICIPATION NOTES OF THE TOWN OF QUEENSBURY FOR THE SAME PURPOSE RESOLUTION NO.: 155, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District’s water transmission facilities by rehabilitating an existing water main along Route 9L/Ridge Road between Route 254/Quaker Road and Cronin Road in accordance with Town Law §202-b, and WHEREAS, the improvements were duly authorized by the Town Board after receipt of a Map, Plan and Report, holding a Public Hearing on the proposed District improvements and determining that the improvements were in the public interest, and WHEREAS, the Town Board wishes to finance the improvements for the District; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is the acquisition, construction, and installation of improvements to the District’s water transmission facilities consisting of rehabilitation of the Class IV structural lining of an existing water main along Route 9L/Ridge Road between Route 254/Quaker Road and Cronin Road, and further including related preliminary and incidental costs (the "Project"), all as detailed in the Map and Plan in the form of an engineering report prepared pursuant to New York Town Law Section 202-b. Such specific object or purpose is hereby authorized at a maximum estimated cost of One Million Seven Hundred Thousand Dollars ($1,700,000). While the Town REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 591 Board did not and does not estimate that the costs will exceed the amount of One Million Three Hundred Seventy Four Thousand Dollars ($1,374,000) in the engineering report and hearing held pursuant to Town Law Section 202-b, this authorized amount is slightly higher than such amount in order to account for a possible unforeseen increase in costs resulting from the emergency arising from the COVID-19 Pandemic. Section 2. The plan for the financing of such maximum estimated cost is the issuance of up to of One Million Seven Hundred Thousand Dollars ($1,700,000) in serial bonds or bond anticipation notes of the Town on behalf of the District, hereby authorized to be issued pursuant to the Local Finance Law. The proceeds of the bonds or bond anticipation notes may be used to reimburse expenditures paid by the Town from other funds or otherwise on or after the date being 60 days prior to the date of adoption of this Bond Resolution. The Town may submit applications for grants and/or low interest loans from the New York State Environmental Facilities Corporation (EFC) and/or other funding source(s) and, to the extent that any such moneys are received, may apply such funds to the payment of principal and interest on the bonds or bond anticipation notes. Pursuant to Local Finance Law Sections 107.00\[d\]\[3\](a) and 107.00\[d\]\[9\], no down payment from current funds is required. Section 3. The Town Board anticipates that the Town may pay certain capital expenditures in connection with the Project prior to the receipt of the proceeds of the Bonds. The Town Board hereby declares its official intent to use Bond proceeds to reimburse the Town for such Project expenditures occurring within sixty (60) days prior to adoption of this Resolution. This section of the Resolution is adopted solely for the purpose of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations and does not bind the Town to make any expenditure, incur any indebtedness or proceed with the acquisition, construction and installation of the Project. Section 4. It is hereby determined that the period of probable usefulness of the specific object or purpose is forty (40) years, pursuant to Section 11.00(a)\[1\] of the New York Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five (5) years. Section 5. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be levied on all the taxable real property of the District a fee sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 6. For the purpose of paying the cost of the Project, including related preliminary and incidental costs, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of $1,700,000, the maximum maturity of which shall not exceed the REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 592 forty (40) year period of probable usefulness set forth above, and which shall mature on or before the date of the expiration of the period of probable usefulness as measured from the date of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. The bonds may be issued in the form of a statutory installment bond. Section 7. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $1,700,000 maximum amount of serial bonds authorized to be issued, in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 8. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Section 23.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 9. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds. Neither are the bond anticipation notes hereby authorized renewal notes. These bond anticipation notes will be issued in anticipation of bonds for an assessable improvement. These notes shall mature at such time as the Town may determine and may be renewed from time to time, provided that in no event shall such notes or renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 10. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds and bond anticipation notes issued pursuant to this Resolution by manual signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the serial bonds or bond anticipation notes and to attest such seal by manual signature. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 11. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer, provided, however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance Law. REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 593 Section 12. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law including, but not limited to, the provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate to be borne by such bonds and/or notes. The Town Board authorizes the Chief Fiscal Officer to establish substantially level annual debt service or a declining annual balance for the repayment of such Bonds if he believes it is in the best interests of the Town. Section 13. If issued, the bonds and/or notes shall be in registered form, and shall bear interest at the determined rate. Section 14. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law, and the power to invest the proceeds of sale is hereby delegated to the Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 15. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended to the date hereof (the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that, to the extent permitted under the Code in effect as of the date of issuance of any bonds and/or notes, it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 16. The Town of Queensbury is a town partially within the Adirondack Park. However, State lands subject to taxation within the Town's boundaries are assessed at less than thirty percent (30%) of the total taxable assessed valuation of the Town, so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 17. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 18. The validity of these serial bonds and bond anticipation notes may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (2) The provisions of law which should be complied with at the date of publication of this Resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 594 (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 19. The full text of this Resolution or a summary thereof shall be published in the Glens Falls Post Star, which has been designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 20. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: ROLL CALL AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NAYS: None ABSENT: None The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. DATED: April 20, 2020 RESOLUTION APPROVING MEMORANDUM OF AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TOWN OF QUEENSBURY UNIT OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) RESOLUTION NO.: 156, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury (Town) previously entered into a Collective Bargaining Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA) regarding employment of the employees in the Town’s CSEA Bargaining Unit, and st WHEREAS, the Agreement terminated as of December 31, 2019, and WHEREAS, the Town and the CSEA negotiated terms and have come to an agreement concerning a new Collective Bargaining Agreement to be executed between the parties, and WHEREAS, a March 31, 2020 Memorandum of Agreement, agreed to by majority vote of th the CSEA membership on or about April 14, 2020, has been presented at this meeting, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 595 RESOLVED, that the Queensbury Town Board hereby approves, affirms and ratifies the terms of the March 31, 2020 Memorandum of Agreement between the Town of Queensbury and Town of Queensbury Unit of the Civil Service Employees Association, Inc. presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute a new Collective Bargaining Agreement for the period from January 1, 2020 through December 31, 2023, such new Collective Bargaining Agreement to incorporate the March 31, 2020 Memorandum of Agreement terms, and BE IT FURTHER, RESOLVED, that to the extent that the terms of the Collective Bargaining Agreement are being amended by such Memorandum of Agreement and are different than as set forth in previous Resolutions of the Town Board, this Resolution shall supersede the Town Board’s earlier actions with regard to employees covered by the Collective Bargaining Agreement, 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 necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of April, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION RATIFYING ADOPTION OF REVISED TOWN OF QUEENSBURY COVID-19 PANDEMIC RESPONSE PLAN RESOLUTION NO.: 157, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the United States is facing a pandemic related to Coronavirus Disease 2019 (COVID-19) and there was a need for the Town of Queensbury to adopt a COVID-19 Pandemic Response Plan (Plan) to deal with this emergency situation, and REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 596 WHEREAS, by Resolution No.: 123,2020, the Town Board authorized adoption of its Plan and authorized the Town Supervisor to make modifications as he determined necessary as further information became known, with the Town Board to later have the ability to approve or disapprove an updated, revised Plan, and WHEREAS, by Resolution Nos: 133 and 147 of 2020, the Town Board authorized and ratified adoption of the COVID-19 Pandemic Response Plan (Plan) as further revised, and WHEREAS, certain modifications have been made since the Plan was last adopted and revised and the Town Board wishes to consider the Plan as further revised and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies adoption of the COVID-19 Pandemic Response Plan (Plan) as revised and substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor to continue making modifications to the Plan as he determines that in his discretion are necessary as the situation changes and further information becomes known, with the Town Board to later have the ability to approve or disapprove a further revised Plan, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to distribute copies of this Plan to all Town Departments and the Warren County Office of Emergency Services, and the Town Supervisor, Town Safety and Compliance Officer and/or Town Facilities Manager to take any and all actions necessary to effectuate the terms of this Resolution and the Plan, as it may be amended. th Duly adopted this 20 day of April, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS - TH WARRANT OF APRIL 20, 2020 RESOLUTION NO.: 158, 2020 REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 597 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a thst Warrant with a run date of April 16, 2020 and a payment date of April 21, 2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented thst as a Warrant with a run date of April 16, 2020 and a payment date of April 21, 2020 totaling $480,999.07, 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 20 day of April, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION TO AMEND 2020 BUDGET RESOLUTION NO.: 159, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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, 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 2020 Town Budget as follows: REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 598 To Code Appropriation Code Appropriation $ Increase Revenue 002- 0000- 52193 Crem Svcs 10,000 Increase Appropriation 002-8810-4030 Postage 10,000 th Duly adopted this 20 day of April, 2020 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING THREE (3) YEAR RENEWAL OF ANIMAL CONTROL SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SPCA OF UPSTATE NEW YORK, INC. RESOLUTION NO.: 160, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 126,2018, the Town of Queensbury authorized an Animal Control Services Agreement with the SPCA of Upstate New York, Inc., (SPCA) for a one (1) year period, from April 1, 2018 through March 31, 2019, with the option of renewing such Agreement for four (4) additional one (1) year terms, and WHEREAS, by Resolution No.: 95,2019, the Town of Queensbury authorized the renewal of the Agreement with the SPCA for a one (1) year period, from April 1, 2019 through March 31, 2020, and WHEREAS, the Town Board wishes to renew such Agreement for a period of three (3) years or from April 1, 2020 through March 31, 2023, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies a three (3) year renewal of the Animal Control Services Agreement between the Town of Queensbury REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 599 and the SPCA of Upstate New York, Inc., (SPCA) from April 1, 2020 through March 31, 2023 for an annual fee of:  $76,500 for 4/1/20 - 3/31/21, in equal monthly installments of $6,375 to be paid in arrears,  $78,000 for 4/1/21 - 3/31/22, in equal monthly installments of $6,500; and  $79,600 for 4/1/22 - 3/31/23, in equal monthly installments of $6,633.33; with additional charges and/or reimbursements due for emergency responses outside of normal business hours as set forth in the Agreement, which shall be commemorated in the form of a new Agreement to be in form acceptable to the Town Supervisor, Town Clerk, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Animal Control Services Agreement and any other needed documentation and the Town Supervisor, Town Clerk 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 20 day of April, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARINGS ON EMERGENCY AMBULANCE SERVICE AGREEMENTS RESOLUTION NO.: 161, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town, and WHEREAS, the Town’s Agreements with its three (3) Emergency/Rescue Squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc. (Squads), expired as of December 31, 2019, and REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 600 WHEREAS, in such Agreements the Town and Squads agreed that the terms and provisions of the existing Agreements may continue during the interim period pending execution of new Agreements, and WHEREAS, the Town and its Squads have negotiated terms for new one (1) year Agreements for general emergency ambulance services and accordingly, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set public hearings concerning such proposed Agreements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct three (3) separate public hearings concerning the three (3) separate, proposed new emergency ambulance service Agreements between the Town of Queensbury and its three (3) Emergency/Rescue Squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., on th Monday, May 4, 2020 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 20 day of April, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None 4.0 CORRESPONDENCE- NONE 5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) NO COMMENT 6.0 TOWN BOARD DISCUSSION COUNCILMAN FERONE (WARD III)-  Thanked the Highway Department for all their efforts with the spring clean-up, as well as all of the Town employees working during this period; it’s difficult.  Spoke regarding the resolution on cleaning up 35 Fox Hollow and 43 Lambert. The folks that contacted me regarding those properties will be pleased. COUNCILMAN FREER (WARD II)-  It’s nice to see the golf courses and marinas open. Reminded everyone to respect the social distancing guidelines, if not wear a mask.  Did get a follow-up on some broadband questions; that was appreciated. We need to continue to find ways to provide broadband through our Town.  Spoke regarding moving to bi-weekly pay. REGULAR TOWN BOARD MEETING, 04-20-2020, MTG #14 601 COUNCILMAN METIVIER (WARD I)- Spoke regarding golf courses and marinas being open during the pandemic, very excited about it. SUPERVISOR STROUGH-  Discussed the use of masks.  Received an autographed copy of Mayor Blais’ book, “Lake George, New York: A View from the Top”.  Spoke regarding signage at the Rush Pond Trail. There is a new sign as the old one was damaged by a car and had to be replaced.  Received a request from Dunham’s Bay for three new speed buoys. DEC approved the request; but they have a new policy where it is the responsibility of the Town to purchase them. Once received, DEC will install the buoys.  With regards to the 2020 census, Queensbury is doing great with over 50% response already.  Reviewed the spring clean-up schedule. Yard waste must be in biodegradable bags. The Highway Department will pick up branches (up to 4 inch in diameter), as well.  Spoke regarding the many responsibilities of the Warren County Soil and Water Conservation District.  Thanked Looked TV and sponsors for televising these meetings. Also thanked Peter Pape of Pape Productions. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 162, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 20th day of April 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I