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05-04-2020 MTG #15 Regular Town Board Meeting, 05-04-2020, MTG #15 602 REGULAR TOWN BOARD MEETING MTG #15 May 4th, 2020 RES #163-179 7:03 P.M. BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE TOWN COUNSEL MARK SCHACHNER, ESQ. (via remotely) DEPARTMENT MANAGER Chris Harrington, Water Superintendent & Director of Wastewater PRESS LOOK TV SUPERVISOR STROUGH called meeting to order… PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 PUBLIC HEARINGS 1.1 Public Hearing – 2020 Emergency Ambulance Services Agreement Between Town of Queensbury and Bay Ridge Rescue Squad, Inc. Notice Shown Publication Date: April 24, 2020 SUPERVISOR STROUGH reviewed the proposed agreement, noting a two (2) percent increase. Opened the public hearing for public comment. No one spoke or called in to speak regarding proposal. Public Hearing Closed RESOLUTION APPROVING YEAR 2020 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO.: 163, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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, Regular Town Board Meeting, 05-04-2020, MTG #15 603 Inc. expired as of December 31, 2019, and WHEREAS, in such Agreements the Town and Emergency/Rescue 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 the Bay Ridge Rescue Squad, Inc., have negotiated terms for a new one (1) year Agreement for general emergency ambulance services (Agreement), and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), on th Monday, May 4, 2020 the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Year 2020 Emergency Ambulance Services Agreement between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and 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 4 day of May, 2020, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES : None ABSENT: None 1.2 Public Hearing – 2020 Emergency Ambulance Services Agreement Between Town of Queensbury and North Queensbury Rescue Squad, Inc. Notice Shown Publication Date: April 24, 2020 SUPERVISOR STROUGH reviewed the proposed agreement, noting a two (2) percent increase. Opened the public hearing for public comment. No one spoke or called in to speak regarding proposal. RESOLUTION APPROVING YEAR 2020 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY RESCUE SQUAD, INC. Regular Town Board Meeting, 05-04-2020, MTG #15 604 RESOLUTION NO.: 164, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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. expired as of December 31, 2019, and WHEREAS, in such Agreements the Town and Emergency/Rescue 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 the North Queensbury Rescue Squad, Inc., have negotiated terms for a new one (1) year Agreement for general emergency ambulance services (Agreement), and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), on th Monday, May 4, 2020 the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Year 2020 Emergency Ambulance Services Agreement between the Town of Queensbury and the North Queensbury Rescue Squad, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and 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 4 day of May, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES : None Regular Town Board Meeting, 05-04-2020, MTG #15 605 ABSENT: None 1.3 Public Hearing – 2020 Emergency Ambulance Services Agreement Between Town of Queensbury and West Glens Falls Emergency Rescue Squad, Inc. Notice Shown Publication Date: April 24, 2020 SUPERVISOR STROUGH reviewed the proposed agreement, noting a two (2) percent increase. Opened the public hearing for public comment. No one spoke or called in to speak regarding proposal. RESOLUTION APPROVING YEAR 2020 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 165, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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. expired as of December 31, 2019, and WHEREAS, in such Agreements the Town and Emergency/Rescue 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 the West Glens Falls Emergency Squad, Inc., have negotiated terms for a new one (1) year Agreement for general emergency ambulance services (Agreement), and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), on th Monday, May 4, 2020 the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Year 2020 Emergency Ambulance Services Agreement between the Town of Queensbury and the West Glens Falls Regular Town Board Meeting, 05-04-2020, MTG #15 606 Emergency Squad, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and 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 4 day of May, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None Chris Harrington, Superintendent of Water & Director of Wastewater spoke regarding the upcoming department’s plans for the pre-flushing and flushing of hydrants. This is something that we do on an annual basis which takes about four weeks. This process may cause some discoloration in the water but the water is fine. Under the present circumstances and the concerns with COVID-19, we are being very proactive to make our citizens aware of our process. We have posted a banner of notice on the website as well as maps depicting the areas we will be in during the process. Explained the purpose of the annual flushing noting that its best management practice, a thorough cleaning of the entire system. Noted that the flushing of the wipes has improved but would like to remind everyone again, no flushing the wipes down their toilets. 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT – 3 MINUTES) No public comment 3.0 RESOLUTIONS RESOLUTION AUTHORIZING COUNTY OF WARREN LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT FOR 2020 WITH QUEENSBURY RESOLUTION NO.: 166, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Warren County derives revenues from the Occupancy Tax authorized by act of the New York State Legislature (Chapter 422 of the Laws of 2003) and, after deducting the amount provided for administering such tax, is to allocate the funds to enhance the general economy of Warren County and its cities, towns and villages through the promotion of tourist activities, conventions, trade shows, special events and other directly related and supported activities, and Regular Town Board Meeting, 05-04-2020, MTG #15 607 WHEREAS, a County of Warren Local Tourism Promotion and Convention Development Agreement for 2020 With Queensbury (Agreement) is presented at this meeting, which Agreement sets forth terms for the County’s provision of fifty-five thousand dollars ($55,000) to the Town for tourism promotion and tourist and convention development from Occupancy Tax Revenues, and WHEREAS, the Town wishes to enter into the Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the County of Warren Local Tourism Promotion and Convention Development Agreement for 2020 With Queensbury (Agreement) substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement and/or any other needed documentation, and BE IT FURTHER, RESOLVED, that specific expenditure of the funds provided under the Agreement shall be subject to further authorizing Resolution of the Town Board, 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 4 day of May, 2020, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF INVASIVE SOLUTIONS DIVE COMPANY, LLC FOR DIVER ASSISTED SUCTION HARVESTING IN CONNECTION WITH GLEN LAKE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.: 167, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 05-04-2020, MTG #15 608 WHEREAS, by Resolution No.: 305, 2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 308, 2019, the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, by Resolution No.: 285, 2019, the Town Board authorized engagement of Invasive Solutions Dive Company, LLC to complete an Aquatic Vegetation Management Program for Glen Lake in 2019 (Program), and WHEREAS, in Chapter 3(C)(2)(f) of the Town Purchasing Procedures, upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors, and WHEREAS, the Town Board therefore wishes to engage the services of Invasive Solutions Dive Company, LLC for Glen Lake in 2020 by Invasive Solutions Dive Company, LLC providing four, 40-hour work weeks between May and October for a total amount of $30,420 in accordance with Invasive Solutions Dive Company, LLC’s Aquatic Invasive Plant Removal Agreement presented at this meeting, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury’s Purchasing Policy for two (2) written quotes, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes engagement of Invasive Solutions Dive Company, LLC for an Aquatic Vegetation Management Program for Glen Lake in 2020 (Project) by Invasive Solutions Dive Company, LLC providing four, 40-hour work weeks between May and October for a total amount of $30,420 in accordance with its Aquatic Invasive Plant Removal Agreement substantially in the form presented at this meeting, contingent upon submission of a valid certificate of insurance in form and amounts acceptable to the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, Regular Town Board Meeting, 05-04-2020, MTG #15 609 RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051-8790- 4400 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Aquatic Invasive Plant Removal Agreement substantially in the form presented at this meeting and/or any other needed documentation and the Town Supervisor and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of May, 2020, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ECONOMIC DEVELOPMENT CORPORATION - WARREN COUNTY RESOLUTION NO.: 168, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town and the Economic Development Corporation - Warren County (EDC) recognize the need to revitalize the local economy by increasing the number of jobs for Town residents by attracting high technology and other industries to the area, and WHEREAS, in accordance with the Not-for-Profit Corporation Law §1411(a) and EDC’s Certificate of Incorporation, the purposes of the EDC are the exclusively charitable or public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, carrying on scientific research for the purpose of aiding a community or geographical area by attracting new industry to the community or area or by encouraging the development of, or retention of, an industry in the community or area, and lessening the burdens of government and acting in the public interest, and WHEREAS, the Not-for-Profit Corporation Law specifically finds that corporations organized under §1411 perform an essential governmental function, and Regular Town Board Meeting, 05-04-2020, MTG #15 610 WHEREAS, the Town Board strongly supports EDC’s important mission to improve employment opportunities and economic development in the Town, and WHEREAS, the Town wishes to enter into an agreement with EDC and a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with the Economic Development Corporation - Warren County presented at this meeting with funding in the amount of $114,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting and 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 4 day of May, 2020 by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR A USED ENCLOSED BOX DUMP TRUCK FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 169, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury’s Highway Superintendent has advised the Town Board that he wishes to advertise for bids for the purchase of a used, 2009 or newer, enclosed box dump truck as will be described in bid documents/specifications to be prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and Regular Town Board Meeting, 05-04-2020, MTG #15 611 the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town of Queensbury Purchasing Agent to publish an advertisement for bids for a used, 2009 or newer, enclosed box dump truck as described above in the official newspaper for the Town of Queensbury and/or through the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open, read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. th Duly adopted this 4 day of May, 2020, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND FAMILY YMCA OF THE GLENS FALLS AREA RESOLUTION NO.: 170, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Family YMCA of the Glens Falls Area to support the YMCA’s provision of its Summer Day Camp experience, Camp Chepontuc, to underprivileged children living in the Queensbury area, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Family YMCA of the Glens Falls Area to support the YMCA’s provision of its Summer Day Camp experience, Camp Chepontuc, to underprivileged children, with funding for the Agreement not exceeding the sum of $6,000 and authorizes and directs the Town Supervisor to Regular Town Board Meeting, 05-04-2020, MTG #15 612 execute the Agreement, with funding to be paid for from Community Services Account No.: 001- 8989-4414. th Duly adopted this 4 day of May, 2020, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING CHANGE IN COMPREHENSIVE TELECOMMUNICATIONS SERVICES RENEWAL CONTRACT WITH FIRST LIGHT FIBER RESOLUTION NO.: 171, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 85, 2020, the Queensbury Town Board authorized the renewal of a Comprehensive Telecommunication Services Contract with First Light Fiber (First Light) in accordance with New York State TCS Contract Pricing #PS68696, Group #77017, Award #23100, and WHEREAS, the Town’s technology services provider, Stored Tech, has recommended that in light of the Town’s previously authorized phone system/infrastructure upgrades, the Town will need to change over to SIP Trunks to replace the PRI at Town Hall and the POTS lines at the Water Department to allow better Town connectivity and an increase in capacity by 11 call paths, and WHEREAS, although this needed change will increase the Town’s bill by $268.30 monthly, First Light will waive the usual Change order and installation fees to make this change, and WHEREAS, the Town Board wishes to authorize such change to its Contract with First Light, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the change in its renewal of a Comprehensive Telecommunication Services Contract with First Light Fiber in accordance with New York State TCS Contract Pricing #PS68696, Group #77017, Award #23100 and as set forth in First Light Fiber’s 4/14/2020 Service Order Forms substantially in the forms presented at this meeting and to be paid for from the appropriate account(s) as may be determined by the Town Budget Regular Town Board Meeting, 05-04-2020, MTG #15 613 Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Service Order Forms and/or any necessary Agreements and/or other needed documentation, and the Town Supervisor and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of May, 2020, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO REVISE §179-3-040 “ESTABLISHMENT OF ZONING DISTRICTS” AND §179-4-090 “PARKING & LOADING REGULATIONS” RESOLUTION NO.: 172, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Aviation Mall Newco, LLC, (Applicant) submitted a petition to allow for the addition of multi-family residential uses as allowed by Site Plan Review and to amend parking and subdivision requirements in the Enclosed Shopping Center (ESC) zoning district, and WHEREAS, applications for zoning code changes are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law and following such recommendations, the Town Board reviews the applications and takes such other action as it shall deem necessary and proper, and WHEREAS, by Resolution No.: 116,2020, the Town Board accordingly authorized the Town Clerk to forward the Applicant’s Petition for Change of Zone Application to the Planning Board for report and recommendation, and WHEREAS, the Town Planning Board reviewed such Application and submitted comments to staff that were summarized and forward to the Town Board by staff on April 15, 2020, and WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.: __ of 2019 to amend Queensbury Town Code Chapter 179 to reflect such changes as set forth above, Regular Town Board Meeting, 05-04-2020, MTG #15 614 and WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning Code, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, May th 18, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning adoption of Local Law No.: ___ of 2020 to amend Chapter 179 “Zoning” of Queensbury Town Code to revise §179-3-040 “Establishment of Zoning Districts” and §179-4- 090 “Parking & Loading Regulations”, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, in accordance with Town Zoning Law §179-15-070(C), as the proposed rezoning involves less than 30 parcels, the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located immediately within and immediately adjacent to the ESC District proposed to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to the applicant as well as the property owners of record, and BE IT FURTHER, RESOLVED, that the Town Board further directs the Community Development Department to forward the petition to the Warren County Planning Department for its review and comment in accordance with New York State General Municipal Law §239-M, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. Regular Town Board Meeting, 05-04-2020, MTG #15 615 th Duly adopted this 4 day of May, 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.: 173, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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: To Code Appropriation Code Appropriation $ 035-0000-0909 Fund Balance 035-8130-4425 Swge Trtmt GF 20,000 037-0000-0909 Fund Balance 037-8130-4425 Swge Trtmt GF 20,000 th Duly adopted this 4 day of May, 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 MAY 4, 2020 RESOLUTION NO.: 174, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 05-04-2020, MTG #15 616 WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a thth Warrant with a run date of April 30, 2020 and a payment date of May 5, 2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented thth as a Warrant with a run date of April 30, 2020 and a payment date of May 5, 2020 totaling $449,992.09, 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 4 day of May, 2020, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $533,000 IN SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY THE COST OF EMERGENCY REPLACEMENT OF SEWER MAIN ALONG QUAKER ROAD; AND AUTHORIZING THE ISSUANCE OF UP TO $533,000 IN BOND ANTICIPATION NOTES OF THE TOWN OF QUEENSBURY FOR THE SAME PURPOSE RESOLUTION NO.: 175, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Sanitary Sewer District and the Route 9 Sanitary Sewer District (the "Districts") in accordance with New York Town Law, and WHEREAS, as a result of a break that occurred on the Districts’ sewer force main in the vicinity of 313 Quaker Road in early February 2020, which required notification of authorities through the New York State Alerts System, the Town Supervisor declared an emergency and the Regular Town Board Meeting, 05-04-2020, MTG #15 617 Town’s Wastewater Director arranged for short-term, temporary repairs on an emergency basis for public health and safety reasons; and WHEREAS, under Town Law Section 202-a the Town Board is required to maintain the sewer system; accordingly, additional replacement of the force main in this area must be permanently repaired immediately to avoid a breach of the temporary repairs; and WHEREAS, such replacement shall benefit both such Districts and the cost of this project shall be apportioned between both Districts, and WHEREAS, during the emergency repairs, it became clear that such problems with the sewer main extend significantly further and must be replaced on an emergency basis to prevent public health and environmental injuries; and WHEREAS, the Town Board has received an engineer’s proposal and cost estimate describing the necessary emergency improvements, and WHEREAS, the Town Board has determined that the improvements are a Type II Action under the State Environmental Quality Review Act (SEQRA ) and no further SEQRA review is required; and WHEREAS, in light of the urgent nature of the necessary emergency repairs and concerns regarding possible injury to public health and the environment, the Town Board needs to expedite this emergency project; and WHEREAS, the expense of such maintenance is a charge upon the Districts and the Town Board wishes to finance the improvements on behalf of the Districts; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. It is hereby found and determined that it is in the public interest to replace a portion of the District main in the area were the break took place at an estimated cost of $533,000, such project is hereby authorized and the Town Supervisor is hereby authorized to take all actions necessary to effectuate the intent of this Resolution. Section 2. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is the acquisition, construction, and installation of approximately 1,400 feet of sewer main in the area where the break took place, and further including related preliminary and incidental costs (the "Project"), all as detailed in the engineer’s proposal and cost estimate. Such specific object or purpose is hereby authorized at a maximum estimated cost of Five Hundred Thirty Three Thousand Dollars ($533,000). Section 3. The plan for the financing of such maximum estimated cost is the issuance of up to of Five Hundred Thirty Three Thousand Dollars ($533,000) in serial bonds or bond Regular Town Board Meeting, 05-04-2020, MTG #15 618 anticipation notes of the Town on behalf of the Districts, 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 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\[d\]\[3\](l) and 107.00\[d\]\[9\], no down payment from current funds is required. Section 4. 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 5. 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)\[4\] 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 6. 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 Districts a fee sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 7. 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 $533,000, the maximum maturity of which shall not exceed the 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 8. 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 $533,000 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. Regular Town Board Meeting, 05-04-2020, MTG #15 619 Section 9. 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 10. 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 11. 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 12. 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. Section 13. 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 14. If issued, the bonds and/or notes shall be in registered form, and shall bear interest at the determined rate. Regular Town Board Meeting, 05-04-2020, MTG #15 620 Section 15. 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 16. 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 17. 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 for the proposed expenditure and issuance of the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 18. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 19. 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 (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 20. The full text of this Resolution or a summary thereof shall be published in The 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 21. The question of the adoption of this Resolution was duly put to a vote on Regular Town Board Meeting, 05-04-2020, MTG #15 621 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: May 4, 2020 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2020 TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 115 ENTITLED, “SHORT TERM RENTALS” RESOLUTION NO.: 176, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to adopt regulations relative to short- term rentals to help to ensure public health, safety and well-being within the Town, and WHEREAS, the Town Board has prepared proposed Local Law No.: ___ of 2020 which provides such regulations, and WHEREAS, New York Municipal Home Rule Law requires a Public Hearing to be held prior to adoption of a Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m. on Monday, May th 18, 2020 to consider proposed Local Law No.: ___ of 2020 and to hear all interested persons, and at that time may take any other actions authorized by law concerning proposed Local Law No.: ___ of 2020, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish and post legal notice of the Public Hearing on proposed Local Law No.: ____ of 2020 in the manner provided by law, and shall make a copy of the proposed Local Law available for public inspection Regular Town Board Meeting, 05-04-2020, MTG #15 622 in the Town Clerk’s office following the adoption of this Resolution and until the Public Hearing is closed. th Duly adopted this 4 day of May, 2020, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF AQUALOGIC, INC. FOR DIVER ASSISTED SUCTION HARVESTING IN CONNECTION WITH LAKE SUNNYSIDE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.: 177, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 273, 2012, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Lake Sunnyside Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 68, 2013, the Town Board appointed (5) persons who are property owners within the District and/or Protective Association of Lake Sunnyside (PALS) members, to the Lake Sunnyside Aquatic Plant Growth Control District Advisory Committee (Committee), and WHEREAS, by Resolution No.: 309, 2019, the Town Board adopted the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2019, and WHEREAS, the Committee has recommended that the Town of Queensbury authorize engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Lake Sunnyside in 2020 for an amount of $1,000 per day, plus a one-time set up fee of $200, not to exceed a total of $30,200, such Program to consist of Diver Assisted Suction Harvesting (D.A.S.H.) to control invasive aquatic species within portions of Lake Sunnyside, and WHEREAS, a copy of Aqualogic, Inc.’s proposed Contract for Services is presented at this meeting, and WHEREAS, by Resolution No.: 92, 2019, the Town Board authorized engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Lake Sunnyside in 2019, and Regular Town Board Meeting, 05-04-2020, MTG #15 623 WHEREAS, in Chapter IV(3)(C)(2)(f) of the Town Purchasing Procedures, upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used in connection with the project being undertaken or continued or a substantially similar project without soliciting multiple vendors, and WHEREAS, the Town Board therefore wishes to authorize engagement of Aqualogic for an Aquatic Vegetation Management Program for Lake Sunnyside in 2020, and WHEREAS, the Town will adhere to all New York State Law bidding requirements as may be applicable, NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury’s Purchasing Policy for two (2) written quotes, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Lake Sunnyside in 2020 for an amount of $1,000 per day, plus a one-time set up fee of $200, not to exceed a total of $30,200, in accordance with Aqualogic, Inc.’s Contract substantially in the form presented at this meeting, such Program to consist of Diver Assisted Suction Harvesting (D.A.S.H.) to control invasive aquatic species within portions of Lake Sunnyside, contingent upon submission of a valid certificate of insurance in form and amounts acceptable to the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Lake Sunnyside Misc. Contractual Account No.: 052- 8790-4400 not to exceed $30,200 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Contract with Aqualogic, Inc., 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 and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of May, 2020, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone Regular Town Board Meeting, 05-04-2020, MTG #15 624 NOES : None ABSENT: None RESOLUTION RATIFYING ADOPTION OF REVISED TOWN OF QUEENSBURY COVID-19 PANDEMIC RESPONSE PLAN RESOLUTION NO.: 178, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 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, 147 and 157 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, Regular Town Board Meeting, 05-04-2020, MTG #15 625 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 4 day of May, 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 PUBLIC COMMENT 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I)  Noted that he was at the Ridge Road Transfer Station distributing the masks 2 Saturdays ago. I am happy to hear that they are going back to normal business hours, the staff was so overworked and the place was unbelievably busy. The majority of those people were very pleased to receive the masks. When I was on my way to Town Hall later to help the rest of the Town Board and Caroline with distribution, I came across the traffic that was all backed up to Lowe’s. I arrived at 2 p.m. and was in a state of disbelief with the number of cars in line waiting for masks. You were all working so hard, I just want to say that you are a great group of people that I am proud to work with. And the number of people here were so grateful and appreciative, I am just so pleased to have been a part of it.  Saddened to hear that they canceled Dave Matthews Band at SPAC this summer.  Kudos to everyone out there, the yards look awesome. COUNCILMAN FREER (WARD II)  Announced that the Chapman Museum was trying to have a Lincoln “Linc” Cathers collection of World War II home front posters. He was a remarkable guy and he collected these war posters for World War II, they were going to have a display and hopefully they will figure out a way to do that. When you mentioned the Memorial Day Parade, I couldn’t help but think of Linc Cathers, he really served his country and us as a Nation in an incredibly important way. COUNCILMAN FERONE (WARD III)  Would like to recognize and thank the people in our community that are working to serve us, the hospital medical workers, first responders, EMS, Fire, Police, the folks in the grocery stores, the restaurants, the janitorial workers to keep us clean. I don’t think we can thank them enough. SUPERVISOR STROUGH –  Announced the Town will be receiving more masks from Warren County but not sure when they will arrive, how many we will receive and how we will be distributing them. We will notify the public once received. Regular Town Board Meeting, 05-04-2020, MTG #15 626  Announced that the Transfer Station hours will return to normal full operating hours th starting tomorrow May 5, 2020.  Regretfully the City of Glens Falls and Town of Queensbury had to cancel our 2020 Memorial Day Parade and Remembrance Ceremony.  Reminded public to complete their 2020 US Census. Noted that fifty-seven percent of Queensbury have been completed.  Reviewed Highway Spring pickup schedule.  Thanked Look TV, StoredTech, Town Clerk, Town Board, Town Counsel and welcomed visitors on Zoom. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 179, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 4 day of May, 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