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08-17-2020 MTG #26 REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 1 REGULAR TOWN BOARD MEETING MTG #26 August 17, 2020 RES #263-279 7:00 P.M. BOH 35-37 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILWOMAN AMANDA MAGEE TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS LOOK TV PEPE PRODUCTIONS POST STAR (REMOTE) SUPERVISOR STROUGH called meeting to order… PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GEORGE FERONE 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 263, 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 from Regular Session and enters into the Queensbury Board of Health. h Duly adopted this 17 day of August 2020 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF SCOTT AND CAROL SBROCCO RESOLUTION NO.: BOH 35, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 2 WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Scott and Carol Sbrocco (Applicants) have applied to the Local Board of Health for variances from Chapter 136 to install a replacement leaching system: 1. 8’ from the easterly property line in lieu of the required 10’ setback; and 2. 5’ from the southern property line in lieu of the required 10’ setback; on property located at 2952 State Route 9L in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing th on Monday, September 14, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Scott and Carol Sbrocco’s sewage disposal variance application concerning property located at 2952 State Route 9L, Queensbury (Tax Map No.: 239.20-1-13) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500’ of the applicant’s property as required by law. th Duly adopted this 17 day of August, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN GRAZIANO RESOLUTION NO.: BOH 36, 2020 INTRODUCED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 3 WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Amanda Magee WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, John Graziano (Applicant) has applied to the Local Board of Health for a variance from Chapter 136 to install a replacement wastewater system with the leaching system to be located 80’ from a neighboring well in lieu of the required 100’ setback on property located at 2 Sunset Lane in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing th on Monday, September 14, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John Graziano’s sewage disposal variance application concerning property located at 2 Sunset Lane, Queensbury (Tax Map No.: 226.19-2-17) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500’ of the Applicant’s property as required by law. th Duly adopted this 17 day of August, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 37, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 17th day of August 2020, by the following vote: REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 4 AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None 2.0 PUBLIC HEARINGS PUBLIC HEARING: 2021-2023 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE VOLUNTEER FIRE CO., INC. NOTICE SHOWN PUBLICATION DATE: AUGUST 7, 2020 SUPERVISOR STROUGH- This is again two percent of the aggregate. It’s a 2021, 2022 and 2023 contractual agreement, two percent aggregate increase. Now, the fire departments each have a vehicle or an apparatus replacement program. They have their capital projects, they also have their operation costs, and they have their debt load. So I’ve asked them, for the sake of assuring that they plan for these things, that capital projects, apparatus replacement and so forth be part of their budget. Now I say this because in the past we would approve a budget and then almost haphazardly they come up and they say they need a new apparatus. Well, then they needed more money for this new apparatus. So what we’ve asked them to do is, alright well we’ll give you solid contracts, you plan for your apparatus replacement. So they all have very good plans. So now they’re planning for everything. They are planning for some of their capital operations that they know need to take place and that’s true of all five fire companies. So I won’t explain that again. But they have two budget line items, one is maintenance, operations, insurance, capital projects and apparatus replacement, like I explained and; the second is debt service. You add those two together and that’s their total budget. So we’re on Bay Ridge. So Bay Ridge in 2021 will be a two percent increase over 2020 (this year’s) for a total of $503,603, 2022 $513,675 (again a two percent increase) and the third year $523,948. Now the other thing I want to bring to the public’s attention, as if they didn’t know, I imagine most people know but it’s worth saying. The fire companies are independent agencies. We contract services. They are not a town agency. They are an independent company. We contract for their services. Now if you’re saying you think this is expensive, this is with volunteers folks, volunteers. Some of these companies have 50, 60 or more volunteers. These are people who don’t earn a cent but put a lot of time in maintaining that building, maintaining the grounds, maintaining the apparatus, doing a lot of training. It’s a lot of time, it’s a lot of dedication. The one thing I’ve noticed… why would people do this? Because these are the type of people that want to do something for their community. This is the type of person, the volunteer fireman I’m talking about, who is here because they want this world a better, safer place than the one they came into. They want to leave it to the next generation in better shape. That’s the dedication that these volunteers have. We don’t pay them a penny. We offer a small retirement program if they work hard and they earn over 50 points, that’s another whole explanation, it is not easy to do, and you can earn somewhat of a retirement. It’s a nice kind of thing that we can do for our volunteers and we’re looking at increasing it. This year is not a good year for that conversation, but we had a conversation. It was looked at favorably and we will get back to the conversation and we will do something about it because I think we deeply appreciate all the time…when I hear that whistle go, and I hear it from my house and I know there is somebody here that lives on Dorset Place. I know, here I am in the middle of mowing my law, that if I was a volunteer fire person, I’d have to drop everything I’m doing and jump in my car, get to the station, or get to the site if I have the equipment in my car. But, if I’m a driver and I’ve got to be a first responder than I’ve got to go to the station. I’m watching the TV at night, it could be 10 o’clock, 11 o’clock, 12 o’clock, it could be 2 o’clock in the morning, I’m sleeping, there’s an automobile accident that needs traffic management. Well you know what, our volunteer fire people are trained in traffic management. They don’t just respond to fires, they respond to a lot of our needs. I know that we’ve had plenty and our fire departments go and they use their pumps to out basements. They don’t have to do that. We don’t contract with them to provide that service. These guys don’t get paid for getting out early in the morning and pumping out that basement. They’re doing it because they’revolunteers and they want to help make their community a better place to live and try to take the burdens off some of these people whose fortune hasn’t been so favorable. I want REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 5 to thank everybody. I won’t repeat that five times for all five departments. I want that message to go out from all of us and the community to you people. Alright, so there is a public on Bay Ridge’s proposed contract tonight for fire protection services. I’m going to open the public hearing. So, we have people here. I’m going to give you the opportunity to speak first. If you will come up to the mic and please not try and touch anything. That’s why we put it on the podium. As you know, we used to have a table there with microphone, the chairs got touched, the table got touched. We are trying to avoid that. If you come up and express your thoughts on Bay Ridge’s proposed fire contract for three years, you’re welcome to do that. Then I’m going to ask anybody out there in the Youtube world to call 761-8225. I’ve got the phone here, so you people that are watching Youtube, if you have a question about Bay Ridge’s contract, then you are welcome to call in. Zoom, I’m watching you and I can see if somebody wants to ask a question by putting the little blue hand up. So, I will be watching you. If you have a question on Bay Ridge’s proposed fire protection service agreement between the Town of Queensbury and fire company, you’re welcome to ask or share your thoughts, or whatever the case may be. I’m going to start here is there anybody present that would like to speak? PUBLIC HEARING OPENED NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING 2021 - 2023 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 264, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town’s Agreement with the Bay Ridge Volunteer Fire Co., Inc. will expire as of December 31, 2020, and WHEREAS, the Town and the Bay Ridge Volunteer Fire Co., Inc., have negotiated terms for a new three (3) year Agreement for fire protection services for the years 2021 - 2023, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board duly conducted a public hearing concerning the proposed Agreement on Monday, th August 17, 2020 and heard all interested persons, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the Bay Ridge REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 6 Volunteer Fire Co., Inc., for the years 2021 - 2023 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such 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 17 day of August, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee NOES: None ABSENT: None PUBLIC HEARING: 2021-2023 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FIRE CO., INC. NOTICE SHOWN PUBLICATION DATE: AUGUST 7, 2020 SUPERVISOR STROUGH- Alright, their current contract is $344,500. I think they ask for a percent and a half and they’re keeping it steady for three years and that’s going to service their needs. So they’re asking for a $347,000 for 2021, 2022 and 2023. Everything that I said previously applies to all these companies. Alright, so I’ll open the public hearing. Is there anybody present who would like to speak to North Queensbury Volunteer Fire Company’s fire protection service agreement between the Town and themselves for 2021, 2022 and 2023? Alright, is there anybody out in the Youtube world that would like to call in? It’s (518) area code, 761-8225? Anybody from Zoom? Blue hand… Alright, I will close the public hearing. PUBLIC HEARING OPENED NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING 2021 - 2023 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 265, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Amanda Magee WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 7 WHEREAS, the Town’s Agreement with the North Queensbury Volunteer Fire Co., Inc. will expire as of December 31, 2020, and WHEREAS, the Town and the North Queensbury Volunteer Fire Co., Inc., have negotiated terms for a new three (3) year Agreement for fire protection services for the years 2021 - 2023, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board duly conducted a public hearing concerning the proposed Agreement on Monday, th August 17, 2020 and heard all interested persons, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the North Queensbury Volunteer Fire Co., Inc., for the years 2021 - 2023 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such 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 17 day of August, 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None ABSENT: None PUBLIC HEARING: 2021-2023 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QEENSBURY CENTRAL VOLUNTEER FIRE CO., INC. REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 8 NOTICE SHOWN PUBLICATION DATE: AUGUST 7, 2020 SUPERVISOR STROUGH- Alright, Queensbury Central Fire Company is the busiest and they have two houses. House number one on Lafayette and house number two on Aviation Road. House number two used to be house number one. Before it was house number one there was another house number one on Foster Avenue, right? Do I have that right, Queensbury Central? Yes. So, and I’ve been in little meetings at that firehouse on Foster Avenue. I think it’s probably… now. Queensbury Central is by far the busiest. Well, they have Route 9, they have the Great Escape, they have the hotels, they have the plazas, they have the million dollar mile. It’s very demanding. That’s where the motorcycle and vehicle accidents are. So, they’re very busy. Their proposed budget, again it’s a two percent increase, so for 2021 being proposed $835,793, for 2022: two percent, so that will be $852,509; and for 2023 it will be $869,559. Again, I want to repeat, if you think those numbers are high, what if we had paid fire? What do you think those numbers would be? I said you’ve got 50-60 volunteers. How about if you have 50-60 people that were getting salaries, getting benefits, retirement. Now that’s sounding better all the time, doesn’t it guys. For all the work they put in they probably deserve some of that. So I will open the public hearing on Queensbury Central. First, is there anybody present who would like to speak to Queensbury Central’s proposed contract for the next three years? Seeing none, Youtube: area code 518… COUNCILMAN FREER- John… SUPERVISOR STROUGH- Oh, I’m sorry. Sir, please come forward and identify yourself for the record… PUBLIC HEARING OPENED ROMAN JAROSH- My name is Roman Jarosh. I lived at 8 Crownwood Lane for 32 years. Mr. Strough, you are right. I commend the volunteer fire department for all the great work they do, putting out fires and helping others. However, we ask you and the Board to vote no on this… budget agreement for the Queensbury Central Fire Department for one specific reason. That is, the siren. We want this vote not to be construed as a vote against the volunteers, but it’s a vote to preserve the peace and quality of life in our neighborhood (siren sounded from the audience)…So imagine what it’s like with the windows open and you’re a hundred yards away… let me just give you some pertinent information. That siren was turned off and silent for seven years. For all those seven years, the fire department answered with a complete one hundred percent response rate for fire and emergency calls without the neighbors hearing the siren. So there are other means of primary and secondary means of notifying the firefighters that have been used that are still being used. There is no need for the siren now, as there was no need of it when it was silenced. Now, this is little disingenuous here as it is currently turned off from the hours of 9pm to 9am and the response rate to calls is still fantastic, one hundred percent without the siren. That begs the question to be asked that if it’s off for 12 hours that with no jeopardy to essential services, why not 24 hours. There are no state or federal laws that say a community has to have a fire siren to notify the firefighters. The National Fire Protection Association who sets standards for the emergency services recommends primary and secondary means of notifying the firefighters. How that is done is up to us. It is a community by community, fire department by fire department decision to have a fire siren. I was able to download a scanner from the department’s website so I could listen to calls. The department says they voted to keep the siren active. How many of the members actually reside within the hearing distance of that siren? I think Mr. Ferone might have some figure on that. How many firemen can actually hear that siren and live in that area. The fire department is supported by our tax dollars and all those that live in that district. They should have a vote as to having that siren turned on or not, and not leave that to the fireman. According to the website, banktracker.com, which is a commercial site for real estate and mortgages, firehouses are number three as one of the most undesirable locations to live next door to. That means that all the neighbors within a proximity of the firehouse have had their properties devalued by the sound of the siren and should appeal their assessments and have them lowered. This is a financial REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 9 issue for us when we tried to sell our houses and for the town once people realize their assessments lowered by having their property taxes lowered. There seems to be a lot of smoke blowing our way from the fire department as to why the decision was made to turn the siren off and then to turn it back on. Why did it take seven years to fix it if it was such a necessity for the fire department? Seven years it was off. That’s not a necessity. The answer is was not a necessity and it is not a necessity. If it was then my homeowners insurance rate would go up because there’s no notification to the fire department. Insurance companies would have noticed that…and increased our rates. We have no other recourse left to us other than to ask you as our elected representatives that you exercise the power of the purse and stipulate that the siren be silenced before you consider voting on the department’s budget. I hope that my appeal does not fall on deaf ears. Thank you. SUPERVISOR STROUGH- Thank you. Anybody else? There are other Dorset Place residents…Yes sir, please come forward. Identify yourself for the record. JOHN DAVIS- 10 Crownwood Lane- I live probably a hundred and fifty yards from the firehouse. There’s really three concerns. The trailer park is a septic bomb with 60 trailers living in there. Across the street is the chlorine station for the water department for Glens Falls. But I’m telling you the siren is the most annoying thing after living there seven years free of it. I hope you approach with due diligence my reduction of $5,000 of my property value if you chose to keep the siren going. I was in the fire department before Mr. Slacks delivery service. We had little thing I put on top of my refrigerator. A light went off, a broadcast went off, I knew where to go. The siren goes off, I’m mowing my law, where do I go, just to the firehouse? I mean maybe the fire truck has already left. It doesn’t go off in the middle of the night and there’s just as many emergencies. It’s pretty selective and I don’t know how they accomplished it. It does not reduce my fire insurance one bit. I have a 32 thousand gallon pool and a fire hydrant across the street, do I get a reduction? No, it’s not a professional fire department. That’s the fire insurance rules, I’m sorry, they’re a great fire department. Maybe one or two of you know that a Queensbury fire department had one of the first fire captains in the State of New York, North Queensbury about 25 years ago, hear, hear! SUPERVISOR STROUGH- Thank you. Would anybody else like to speak to Queensbury Central’s proposed budget? No one present. How about somebody watching Youtube, (518) 71-8225. While we are waiting for phone calls, remember you have to have caller ID when you call, anybody on Zoom wish to speak to Queensbury Central’s proposed contract with the Town for the next three years? Okay, I’ll keep the public hearing open for a minute… COUNCILMAN FREER- I’d like to hear what the fire department has to say in response. Somebody’s here from Central, right? SUPERVISOR STROUGH- Anyone from Central wish to respond to this request? DAVID RAINVILLE, PRESIDENT- I know we’ve dealt with this for quite a few years. We turned the siren down. It only goes off for five seconds and only winds up for about five seconds and it goes back down again. We turned it off at night. According to the NFPA rulings that we have gotten, we have to have two means of notification for calls. Our pagers are one and we use the siren for the other. Cell phones are not reliable, according to what NFPA says. Actually, a few months ago we actually missed a call because our pagers didn’t activate, the County was having problems with the towers and dispatching. It was 10 minutes into the call before our pagers went off (again, siren sounded from the audience). COUNCILWOMAN MAGEE- Is the NFPA position on cell phones a current position or is this something that’s old? MR. RAINVILLE- I believe so… SUPERVISOR STROUGH- Where’s that coming from? (recording of siren silenced) REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 10 SUPERVISOR STROUGH- Thank you. MR. RAINVILLE- The Company has voted a couple of times to leave it like it is. SUPERVISOR STROUGH- Yeah, well we’ve had this discussion before and we even offered to buy a replacement siren thinking that there are sirens that are less intrusive available. None could be found after many, many searches and many, many different sources and talking to many firemen and doing …searches. We couldn’t find one that was less intrusive. They were all pretty intrusive. The decibel levels were about the same. MR. RAINVILLE- We thought about possibly moving it or raising it and we think that would cause more issues. If we raised it higher, I think it would affect more people, I think. SUPERVISOR STROUGH- So do you see anything in the near future where there might be a system where we could go without the siren? Is there anything out there, I mean this is your field of expertise, what are you… MR. RAINVILLE- I’d have to bring it back to the company again. We can bring it up and discuss it again. SUPERVISOR STROUGH- Would you do that? MR. RAINVILLE- I will do that, yes. COUNCILMAN FERONE- Well, wouldn’t it be better off with a split. I mean part of the problem is this is a motorized siren that you said takes five seconds to wind up and lasts five seconds. That sounds like a lot more than five seconds. I’m half a mile from your firehouse at the crow flies and I hear it distinctively. I can’t imagine what it is for people who live right behind there. Based on some research that I shared with John, there are units out there that apparently are recordings, if you will, of a sound, which would automatically on and off. It sounds like if it wasn’t a NFPA requirement this would probably be a non-issue, right? MR. RAINVILLE- Possibly, possibly. The company votes on issues like this. Our company votes and the majority decides. COUNCILWOMAN MAGEE- What was happening when the siren wasn’t going off? Were you out of compliance? MR. RAINVILLE- Actually, we didn’t get notified of a structure fire in West Glens Falls. They ended up calling another company to replace us. COUNCILWOMAN MAGEE- During those, was it five year or seven…seven years that it didn’t sound, how was that possible? MR. RAINVILLE- I wasn’t involved with it then. I’m not sure. COUNCILMAN FREER- David, what…I’m sorry… COUNCILWOMAN MAGEE- The questions are just…go ahead. COUNCILMAN FREER- So can you talk about, and you can say no, is it the vast majority or is it a tight vote in terms of… MR. RAINVILLE- It was the vast majority the last time we talked about it. But, I can bring it back again. We can discuss it again at our next company meeting. COUNCILMAN FERONE- If the majority of your firefighters are voting for it, my question is, how many people are within that close-knit vicinity to actually hear the siren? MR. RAINVILLE- Off the top of my head, …at least five or six people that live nearby. REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 11 COUNCILMAN FERONE- But out of 50 volunteers, 60 volunteers? MR. RAINVILLE- Well, we don’t have quite that many…probably low 40’s… COUNCILMAN FERONE- So really, it’s a very small percentage of the total fire company volunteers that would even be in the vicinity… MR. RAINVILLE- Possibly. COUNCILWOMAN MAGEE- Please don’t feel attacked by the questions, but is the vote for it because there would be an undue burden to the find another way to be in compliance. MR. RAINVILLE- Well, that’s one of the reasons. They claim cellphones are not reliable. According to the NFPA, and that’s what we have to go by so… COUNCILWOMAN MAGEE- And that’s by checking their website or something that a human being from there actually said to you? MR. RAINVILEE- I’m not sure, it was done before I became president so… COUNCILWOMAN MAGEE- Okay. MR. RAINVILLE- I’m not sure. I know there’s a book of rules and regs. SUPERVISOR STROUGH- And the one on Lafayette has a fire siren. MR. RAINVILLE- Yes. SUPERVISOR STROUGH- And South has a fire siren, North has a Fire siren, West has a fire siren, Bay Ridge has a fire siren. They all have fire sirens. COUNCILMAN FREER- It’s my understanding that West’s goes off at two in the morning. MR. RAINVILLE- Yes. I’m closer to their station. I can hear it. COUNCILWOMAN MAGEE- Can I ask a question past him to somebody whose already spoken? Have either of you researched what other communities have done in these sorts of disputes? MR. DAVIS- I would start with the sheriff because the sheriff …has secure phones. Why doesn’t the fire department? Right, does the sheriff have any difficulty reaching his road patrol or getting enough turnout? When was the last time Queensbury missed a call, three years, four years? MR. RAINVILLE- About two months ago. SUPERVISOR STROUGH- Alright. COUNCILWOMAN MAGEE- Sorry. SUPERVISOR STROUGH- The question is a fair question, but the point of order is since this has to be recorded it has to be linear. COUNCILWOMAN MAGEE- …linear, okay. SUPERVISOR STROUGH- That if you have a question… COUNCILWOMAN MAGEE- Sorry. SUPERVISOR STROUGH- …When David’s done, you can request that they come up and respond to your question, okay. COUNCILWOMAN MAGEE- How long have you been captain? MR. RAINVILLE- I’m president. This is my first year. REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 12 COUNCILWOMAN MAGEE- Okay. So we can still check with the NFPA and it might be a different… MR. RAINVILLE- I’ll have it looked into and I’ll talk about it again at the next … meeting…changed. SUPERVISOR STROUGH- Alright. COUNCILMAN FERONE- The other question I would just ask is can you check if there are any other fire companies in the state who have another means other than the combination of the siren and the pagers. MR. RAINVILLE- Yes. We’ve tried to explore every avenues, we really have. That seems to be the best fit for us. At the time it was. COUNCILMAN FREER- What happens between 9pm and 9am? MR. RAINVILLE- Well we actually missed a couple of months ago. COUNCILMAN FREER- I know but you said you had to be compliant, but you’re not compliant 12 hours…I’m confused. MR. RAINVILLE- Well, the company decided to do it that way for the neighbors. COUNCILWOMAN MAGEE- Could you possibly… MR. RAINVILLE- That was a few years ago we decided to do that. COUNCILWOMAN MAGEE- But you could do the cellphones as a backup? MR. RAINVILLE- I’d have to check with NFPA, I’m not sure. COUNCILMAN METIVIER- John, could you clarify your point when you said we looked at new sirens. SUPERVISOR STROUGH- Yeah, we did. We thought maybe there was a siren out there that wasn’t a WWII kind of, you know, duck under the table, type of sirens… COUNCILMAN METIVIER- Which I was about to do a few minutes ago… SUPERVISOR STROUGH- We thought a newer siren might be, if possible, more pleasant to the neighbors. But we found no sirens that would be much more pleasant. COUNCILMAN METIVIER- Yeah but Bay Ridge and North Queensbury have sirens and they’re not like that. SUPERVISOR STROUGH- No and you know, like Councilperson Ferone said, maybe we could get one that was an audio type. It might be shorter, but it’s still going to be loud, it’s still going to be so many decibels. COUNCILMAN FERONE- Eliminate the wind up and the wind down though. SUPERVISOR STROUGH- Yeah. COUNCILMAN FERONE- Do you happen to know the age of that unit? MR. RAINVILLE- Been told it’s a WWII surplus. COUNCILMAN FERONE- And probably there since the firehouse has been there, right. MR. RAINVILLE-...with the firehouse. I don’t know if it came from Foster Avenue or if Foster Avenue was still open at the time. REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 13 SUPERVISOR STROUGH- When we heard that we had to get underneath the kitchen table or go to a hallway and …put our hands over our head and move next to the wall…Nevertheless it was…Alright, in all fairness, we’ll get back to the drawing table to see if it absolutely has to be a siren if we can get a better one. The agreement was, if the Town talking about this, we would pay for it because you guys pretty much have, we keep you pretty close as far as your budget and your apparatus replacement, your capital projects and so forth. MR. RAINVILLE- Right. SUPERVISOR STROUGH- So we’ll leave that door open. You’re going to talk about it with your folks again. MR. RAINVILLE- I will at the next… SUPERVISOR STROUGH- You’ve heard, and there’s several people here that haven’t spoken yet, or if they want to, I don’t know. I don’t live too far from it, but if we could address it, I think that would be nice and so we’ll work in that direction to see what we can do. MR. RAINVILLE- Alright, I will bring it back. SUPERVISOR STROUGH- Alright. COUNCILMAN FERONE- Would there be an opportunity for, I’m going to throw John under the bus, for the Supervisor and myself to come and speak to this subject with the firemen. MR. RAINVILLE- Yes, that’s good. COUNCILMAN FERONE- Okay, you would let us know? MR. RAINVILLE- Yes. COUNCILMAN FERONE- Thank you. MR. RAINVILLE- I will give you a call. COUNCILWOMAN MAGEE- Thank you. SUPERVISOR STROUGH- Amanda, did you have a question for one of the residents? COUNCILWOMAN MAGEE- Well… did you… MR. JAROSH- Actually, Mr. Freer you made a valid point, if that siren was off for seven years they were out of compliance and yet they were not fined whatsoever, so that’s obviously not a requirement for that siren to be on at all. As I mention, the National Fire Protection Association sets standards for emergency services and recognizes primary and secondary means of notifying firefighters. It does not say a siren. It’s the community by community department, fire department decision. It also should be up to you. There does not have to be a siren for means of notification. There’s a primary and secondary and that’s up to us to decide. SUPERVISOR STROUGH- I know you live on Dorset Place too. MR. JAROSH- No, I live on Crownwood, less than 100 yards away… SUPERVISOR STROUGH- Are you on the corner? MR. JAROSH- No, my backyard is right up against the fire department’s property. SUPERVISOR STROUGH- Oh, okay. Alright, any other questions, Amanda? COUNCILWOMAN MAGEE- I mean, in talking about the other sirens, it would seem to me that the purpose of a siren no matter what it’s call is is to disrupt. So I think it would likely be a waste of our time and your time to look for a different siren. I think the route is can it be done without a siren? It REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 14 seems very antiquated to say that cellphones don’t work as a secondary means and if it’s about missing calls, I think with a passionate, driven volunteer company, they would be open to anything so long as long as it isn’t about these regulations. I wish I had done more research before tonight. I did not and I will own that. I think that the department and the residents, there should be great good will because of the exchange and the trust. I would love to commit to finding a way to resolve it. SUPERVISOR STROUGH- Well work on that and… MR. JAROSH- Andy, did you say a couple of times you saw that the firemen already at the trucks… ANDY CUNNIFF- You guys get notified with your pagers first before the siren goes off? I believe so because I’ve seen fire people with their lights… COUNCILMAN FREER- Yes, this is not…point of order… SUPERVISOR STROUGH- Andy, do you want to speak to anything? I will invite you up. SUPERVISOR STROUGH- Alright… thank you… COUNCILWOMAN MAGEE- Thank you. SUPERVISOR STROUGH- Please identify yourself for the record. ANDY CUNNIFF- Andy Cunniff, 4 Dorset Place. I think I might be the closest, maybe my next door neighbor is. We have a pool in the backyard, we have grandkids now and when…not like you guys can do anything about it, but when that goes off, it’s deafening. The CDC says that 107 decibels, that that goes off at can damage your hearing. So the women go for their babies and cover their ears when they’re in my backyard when that goes off. You don’t know when it’s going to go off…it was off for seven years. I know they’ve made their calls. If it’s a fluke they’ve missed a call maybe everybody was away or out partying. You can’t fix that. I used to work for National Grid responding to gas leaks and we’d take calls via cellphone. We made our calls, cellphones work. I don’t understand why they’re saying they don’t work. If they live too far away from cell towers maybe they can’t be first responders. But, yeah it’s pretty annoying. I’d like to have them over in my yard when it goes off. Plus next door is the Prospect School with handicap children. I’ve got to believe that really affects them. They’ve already got some problems, I assume. When that goes off, I can’t imagine what it does to them. Their play yard is a hundred feet from it. You know that Chazen report you guys had done? SUPERVISOR STROUGH-Yes. MR. CUNNIFF- It says it’s 107 decibels. SUPERVISOR STROUGH- Yeah, the one that I tried to find, I can get one for 106 decibels. You know, that’s not the solution either. MR. CUNNIFF- No, I think moving up on the water tower by John Strough…Well, I don’t know where the volunteers are. COUNCILMAN METIVIER- I was just going to say that. COUNCILMAN FREER- well, I’d like to commit with Amanda and try to find a solution to this. I don’t think it’s…I plan on passing the budget but I think we need to take this as an action, because this is not just Central’s problem. There are other people who are complaining about this. COUNCILMAN METIVIER- John, have we ever talked about moving it up to the water tower? SUPERVISOR STROUGH- No, I mean, that’s one thought. COUNCILMAN FREER- I think there’s a better solution. MR. CUNNIFF- Well, if it’s closer to the volunteers. I don’t know where they live. REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 15 COUNCILMAN METIVIER- Well, we don’t get complaints from North Q, from West… COUNCILMAN FREER- Yes, we do. COUNCILMAN FERONE- You have to think where they are. COUNCILWOMAN MAGEE- My first phone… COUNCILMAN FREER- We do. COUNCILMAN FERONE- It’s not right on top of a neighborhood. If you look at Lafayette, if you look at Veterans Road, yes there’s houses near there but there’s nobody really on top of it verses in this situation. COUNCILMAN METIVIER- So, if we throw it up on the water tower by John’s house. MR. CUNNIFF- There might be a better spot. SUPERVISOR STROUGH- We have a cell tower, don’t forget that. MR. DAVIS- We can hear Webster’s which is Queensbury Central from where we live. Why don’t you just use one siren? MR. CUNNIFF- Truly, maybe that would do the… MR. DAVIS- How’s that? SUPERVISOR STROUGH- I appreciate, the neighbors coming forward and… COUNCILMAN METIVIER- We’ve got some work to do. SUPERVISOR STROUGH- We’re going to extend the talks. You know we had those talks, it didn’t go anywhere. The times have changed, the moods have changed. We’ll try and bring it to the company at a meeting and see if they will work with the Town to take a more active approach to try to find a solution to this. MR. CUNNIFF- Maybe there’s other ways to communicate to them other than a pager or a cell phone. Maybe there’s something else. SUPERVISOR STROUGH- We’ll look into that, Andy. Anything else? Alright, thank you. COUNCILWOMAN MAGEE- Thank you. SUPERVISOR STROUGH- John. JOHN HODGKINS- John Hodgkins, North Queensbury Fire. I’m going to get in trouble for talking, but that’s okay. There is another system we are using at the County…North Queensbury. The “I am Responding” System. It comes over your cellphone. After the tones go out on our pager, we get it to our cellphone. For us we decided to adopt it because it’s a handy system because we can push a button and tell that we are responding, number one and we can hit another google map and it will tell us where we’re going. So, it’s been very handy. I don’t know if Central is using it. It does have it’s flaws though. It everyone doesn’t have a cellphone that works in that area, they might get their call a half an hour later. Maybe as part of the contract…right now you can’t have cellphones as far as distributing. So if there’s somebody without you can’t pay for them as far as the contract. So that might be something to look at, that is part of the contract if you’re aware. But there is a second system in the County right now and we are using it. I actually use it quite a bit because it’s a lot easier to sit there and look at your phone and hit google map and now you know where … COUNCILMAN FREER- But do you have a siren too, John. MR. HODGKINS- We have a siren, yeah. I think we all have sirens. I can hear the siren from my house, a long way away and it doesn’t disturb us because it’s away from anyone close. Actually, I do REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 16 know a gentleman that makes them jump a little bit. I think we’ve all had sirens, and I don’t know about compliance at the NFPA. We’ve never had that discussion, never worry about it. We used to have phones that called everybody’s house but this goes a long way away. But, currently we have pagers and we come across our cellphone for “I am Responding” so there are two systems right now that are working. So you might want to talk to Brian LaFlure to see what his thoughts are on the whole thing and see where to go from there. COUNCILMAN FREER- So is it a text or a call? MR. HODGKINS- You’re going to get a text. COUNCILMAN FREER- Yeah so texting is more reliable than cellphone. COUNCILMAN METIVIER- Correct. MR. HODGKINS- You’re going to get the text, you’re going to hit it, it’s going to ding you so you going to be able to come up and be able to go to it and respond to it. It’s not a bad little system. Actually, it’s pretty good and it can get bigger and bigger. You can use it so you can say I’m going to be there, I’m going to be there in five minutes, I’m going directly to the call. There’s a lot of things you can do with it. Right now the handiest thing is if you don’t have this on you just want to carry this you’ve got the call and you get the google map and now you know where it’s going to be; which is really handy, especially when you are out of an area that you don’t know about. We’re traveling through the mutual aid call in Queensbury Central here, and if I can hit that, I know where the address is where I might not know that area very well. Say, vice versa, if they’re coming up our way, they can hit that and say I know where Cleverdale is or Fieldview Road … you’re living down this way you won’t know that. But, it is available so talk to him and see if it’s legit. COUNCILMAN FERONE- Is there a big expense related to that for you. MR. HODGKINS- I don’t know. We didn’t send a lot on it. I’m the Treasurer and I don’t remember any big dollars going out, no. So it’s all a provided system so I would say no. COUNCILMAN FERONE- Okay. MR. HODGKINS- Everyone has to have a cellphone, and it’s our personal cellphone you’re putting it on. You’re opting into the service as a volunteer. But, there has been people if you’re on Verizon verses AT&T or Sprint, some of them have problems where they are, but we’re in a little bit more rural area out there that’s where the cellphone services can be kind of iffy. But we all seem to use it and it comes out pretty well. SUPERVISOR STROUGH- Any other questions for John? COUNCILMAN FERONE- No, thank you. SUPERVISOR STROUGH- Thank you, John. Yes, sir…not…Roman, Roman, the person in back…I just want to make sure everyone gets a chance. JOE MALI- I was going to be quiet. Joe Mali, Queensbury Central. I was the president when they brought this to our attention so I figured I should come up and set a couple things straight… The original siren…that blast during this Town Board Meeting was before we shrank it down to five seconds. It does not sound like that anymore, as loud as that. We were trying to work with all the neighbors. George, fifteen people live in that area right around…so that’s what’s…I was…counting back there in the back too. We did work on it, the decibel systems, we do have it as low as it can go. There are several other sirens. I live near Bay Ridge’s and I hear Bay Ridge’s sirens all the time. I hear West Glens Falls from my house and I live down here on Berry Patch. So, I mean, you can hear those sirens a long way, yes, we do understand that. We’ve been trying to figure out what to do, the best way to do it. Amanda, NFPA requires a second mode of application is not part of the cellphone system because cellphones are unreliable, as John has just said. We were the first company, one of the first companies in the Town to use “I am Responding” to do that. We even went to NFPA and REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 17 asked them will that count. No, it will not because the gaps in cell service you have. That’s the other thing too, there’s a lot of gaps still in this area with cell service. You can drive up Country Club Road and lose cell service on Verizon, right at Country Club and Sweet. COUNCILWOMAN MAGEE- I have three teenagers and I’m well aware of where all the pockets of no service are. MR. MALI- Yes. COUNCILWOMAN MAGEE- I’m curious though what say NFPA has over your companies? MR. MALI- It’s part of our contract with you folks that we have to follow the NFPA guidelines as well. All the fire companies and they are the National Fire Protection Agency, which before OSHA’s NFPA. So that’s basically what it is, that’s who give us our air pack qualifications, our interior firefighter, exterior firefighter, what we have to carry on our trucks. They give us all those rules. We have been trying how to figure out how to do it. That’s why it only goes off from 9am to 9pm. We were not the only fire companies that did get dispatched to that call. There were two fire companies that responded 10 minutes into that call and it was a structure fire with possible entrapment, I believe in one of the neighboring towns. So there were two fire companies that did not hear the call because of the failure at the dispatch center for that. So that is the one reason for…also. It may be, and you might want to check with Brian on this, but it might be one of the only civil defense warnings in the area too, still for that. You have the dam up above, Butler Pond Dam, and you also have the Glens Falls…as pointed out to you. If those go out the fastest warning to everybody is not just text message, it will be that siren. It’s to warn the civilians, the people that’s something’s up. Prospect Schools was mentioned. Prospect Schools wants our siren to go off. That’s why it’s still going off during school hours because they cross that street. They know when they cross that street that there’s a potential that there’s emergency traffic coming down that way. So they will push those kids farther across that road. Get them into the buildings so that way they are out of the road. That was brought up too. We went and talked to Prospect School about that. So I hope all of this helps give you a little more history behind it. They’ve done, I did email Dave a copy of the NFPA guidelines so he will be able to send it out to you, as well. COUNCILWOMAN MAGEE- Great, thank you. MR. MALI- Any other questions for me while I’m here? Okay, thanks. SUPERVISOR STROUGH- Thank you, Joe. Roman. MR. JAROSH- I will be the first one to write a check for the texting system, seriously. If they need the money and that siren goes off, I’m in, you have my word. SUPERVISOR STROUGH- We’ve got it on record, Roman. MR. JAROSH- You got it, and the NFPA, if that siren was off for seven years and they were not in compliance, what good is the NFPA? SUPERVISOR STROUGH- Alright, thank you. Anybody else? Yes, sir. MR. DAVIS- What’s the response time where there is a professional fire department like Glens Falls? I bet it’s like within five minutes, 50 seconds. I bet you our great fire companies in the Town of Queensbury are within eight or nine minutes of that. I bet they don’t turn out lacking people. They do not need the siren. You have authorized enough money to pay for probably two thirds of the Glens Falls Fire Department. I realize you are covering five times the size but it’s the same population and we have great volunteers. If it was up to you, I would give them three percent and turn off the sirens. Thank you. SUPERVISOR STROUGH- Anybody else? Alright, anybody through Youtube, 518-761-8225. Anybody through Zoom? I talk to my computer, that’s where the Zoom people are, right here. Alright, hearing no more on behalf of the public, I will close the public hearing. REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 18 COUNCILMAN METIVIER- Certainly not going to not pass this budget, but we obviously have to figure this out. We can’t penalize these guys, but we need to work on this. SUPERVISOR STROUGH- Like I said, we tried before and we’ll try again. Okay, is that a motion to approve? COUNCILMAN METIVIER- I’ll move. COUNCILMAN FREER- I’ll second. PUBLIC HEARING CLOSED RESOLUTION APPROVING 2021 - 2023 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 266, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town’s Agreement with the Queensbury Central Volunteer Fire Co., Inc. will expire as of December 31, 2020, and WHEREAS, the Town and the Queensbury Central Volunteer Fire Co., Inc., have negotiated terms for a new three (3) year Agreement for fire protection services for the years 2021 - 2023, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board duly conducted a public hearing concerning the proposed Agreement on Monday, th August 17, 2020 and heard all interested persons, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 19 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the Queensbury Central Volunteer Fire Co., Inc., for the years 2021 - 2023 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such 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 17 day of August, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES: None ABSENT: None PUBLIC HEARING: 2021-2025 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE CO., INC. NOTICE SHOWN PUBLICATION DATE: AUGUST 7, 2020 SUPERVISOR STROUGH- Again, here too this great group of people, men and women volunteer their service. We’ve had to work very closely with South Q. over the past five years. I mean, we all know the building needed some …attention, but do we have the kind of funding to replace the building? Well, we investigated that and it turned out to be very expensive this day in age. So, they sat down and worked with us and they said alright, what we can meet the budget that you’re comfortable with and we’ll renovate the current building, and we’re going to change some things around so that they’re going to have a much nicer firehouse. So they’re taking out a loan for this as part of their debt service. They’ve got this in their budget. So their three-year budget, again it’s a two percent increase… COUNCILMAN FREER- It’s five years, John. SUPERVISOR STROUGH- It’s five years. Thank you for correcting me. I get into that three year mode. It’s five years for South Q. because the bank insisted on a five-year contract. So again, we did the two percent. So what’s being proposed for 2021 is $383,812, 2022 is $391,488, for 2023 it’s $399,318, for 2024 $407,304 and for 2025 $415,450. So I want to thank with everybody for working with us. You know there were times when we got a little frustrated but everyone stayed professional. I got to give South Q. credit. We got through it and we are where we are today. I’ll open the public hearing on South Queensbury Volunteer Fire Company’s proposed fire protection service agreement between the Town and themselves for a five-year period. I read you the numbers. Is there any member of the public here tonight wishes to speak to this proposed contract with South Queensbury Volunteer Fire Company? Seeing none present, Youtube, again, area code 518 761-8225. While we are waiting for someone to call in, and remember, your number has to show up on the caller ID screen. Is there anybody on Zoom that wishes to speak to South Queensbury’s proposed five year contract? What did I do wrong? REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 20 COUNCILMAN METIVIER- What, nothing. SUPERVISOR STROUGH- Okay, I don’t see anybody and I don’t hear anybody. I’ve given the audience who is present an opportunity to speak to this. Any Town Board thoughts before we go to a motion? COUNCILMAN FREER- I just want to echo your comments on how this is an integral part of the community and I think the renovation will help the community in ways beyond the fire department. It will certainly make the fire department more effective, but I have high hopes that it will be a catalyst to some real reenergizing of that part of Queensbury. SUPERVISOR STROUGH- That too, but you also spurred a thought that I needed to mention but wasn’t mentioned before and I’m taking off of you, these buildings serve as safe harbors. We’ve had hurricanes that come up here, fortunately, they’re rare. We’ve had huge storm events and we’ve had ice storms and we used their buildings for safe havens. They have generators built in, they have public restrooms, they have big rooms, they even have water storage. They are prepared to serve the public in the event of something horrible happening. They are places of safe haven or safe harbor, whatever you want to call it. So thank you for bringing that up. Okay, so I closed the public hearing on South Queensbury seeing no interest in the public to speak to this. PUBLIC HEARING CLOSED RESOLUTION APPROVING 2021 - 2025 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 267, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Amanda Magee WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town’s Agreement with the South Queensbury Volunteer Fire Co., Inc. will expire as of December 31, 2020, and WHEREAS, the Town and the South Queensbury Volunteer Fire Co., Inc., have negotiated terms for a new five (5) year Agreement for fire protection services for the years 2021 - 2025, and REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 21 WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board duly conducted a public hearing concerning the proposed Agreement on Monday, th August 17, 2020 and heard all interested persons, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the South Queensbury Volunteer Fire Co., Inc., for the years 2021 - 2025 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such 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 17 day of August, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN) COUNCILMAN FREER- Questioned Highway Superintendent, Dave Duell regarding Resolution 4.6 entitled Resolution Authorizing Advertisement of Bids for Heavy Haul Truck/Tractor for Highway Department. COUNCILMAN METIVIER- Congratulated Scott Rowland on Resolution 4.7 entitled Resolution Authorizing Promotion of Scott Rowland from Mechanic to Working Supervisor. COUNCILWOMAN MAGEE- Spoke on Resolution 4.8 entitled Resolution Authorizing Travel Policy During COVID-19 Pandemic. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING MODIFICATION OF POLICY RELATED TO CARRY OVER OF EARNED VACATION DAYS TO 2021 DUE TO COVID-19 PANDEMIC RESOLUTION NO.: 268, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 22 WHEREAS, the Town of Queensbury (Town) has entered into a Collective Bargaining Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA) regarding employment of the Town’s bargaining unit employees, and WHEREAS, by Resolution Nos: 123,2020 and 133,2020, the Town Board authorized adoption of its COVID-19 Pandemic Response Plan and Revised Plan, and WHEREAS, as a result of requirements placed on the Town due to the COVID-19 Pandemic, CSEA and Town employees may not be able to use their earned vacation days in 2020 by December 31, 2020, and therefore the Town Board wishes to adopt a policy to provide all Town employees with additional flexibility regarding the use of earned, but unused vacation days, NOW, THEREFORE, BE IT RESOLVED, that as a result of requirements placed on the Town due to the COVID-19 Pandemic, the Queensbury Town Board hereby authorizes a modification to the Town’s vacation policy to provide all Town employees with additional flexibility regarding the use of earned vacation days as follows: VACATION DAYS. For calendar year 2020 only, employees may carry over earned, but unused vacation days to 2021 for use in 2021 in accordance with the following: 1. By August 31, 2020, each Department Manager must either approve or disapprove this accommodation for employees within his/her Department to carry over earned, but unused vacation days that may exist on December 31, 2020 to be used in 2021. 2. If this accommodation is approved by the Department Manager, all employees in his/her Department may carry over up to 5 earned, but unused vacation days to 2021 for use in 2021 in addition to any provision in an existing policy for non-bargaining unit employees or the provisions in the Collective Bargaining Agreement with CSEA for bargaining unit employees. 3. This 2020 vacation carryover policy is a one-time accommodation and shall not serve as any precedent in the future for any reason. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward copies of this Resolution to all Town Department Managers and the Town Supervisor and/or REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 23 Town Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of August, 2020, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE’S LAWN CARE FOR ONE-TIME CLEANUP AND MOWING OF ABANDONED OR NEGLECTED PROPERTY 1 EDGEWATER PLACE RESOLUTION NO.: 269, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has reported to the Town Board that the property located at 1 Edgewater Place in the Town is in a state of serious neglect in that the rear yard needs to be cleared of junk, garbage and discarded items and the front, side and rear yards need to be mowed, and therefore the Director recommends that the Town Board authorize both a one-time cleanup of the junk, garbage and discarded items, as well as monthly mowing of this property in August and September, and WHEREAS, the Town Board has concluded that the condition of the property creates a public health hazard due to concerns regarding garbage, 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 the owner of record by certified letter and/or posting of the property, 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 REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 24 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 one-time cleanup and monthly mowing of the property, and WHEREAS, Cheap Pete’s Lawn Care submitted quotes dated 8/7/2020 as follows: 1) one- time cleanup - $275; 2) initial mowing (August) - $125; 3) monthly lawn mowing - $75 ( September) for a total amount not to exceed $475 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 the Property Owner of Record as set forth above requiring that they cleanup and mow the lawn on their property 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 Town Board hereby approves of the Director of Building and Codes Enforcement’s engagement of the services of Cheap Pete’s Lawn Care for the cleanup and mowing of the property located at 1 Edgewater Place as delineated in this Resolution and as set forth in Cheap Pete’s Lawn Care’s quotes dated 8/7/2020 as follows: 1) one-time cleanup - $275; 2) initial mowing (August) - $125; 3) monthly lawn mowing - $75 ( September) for a total amount not to exceed $475, to be paid on a monthly basis upon Cheap Pete’s Lawn Care submitting proper invoices to the Town outlining the dates on which the property was cleaned up and/or 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 $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, REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 25 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 cleanup, 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 and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of August, 2020, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF CHERYL VIELE AS FULL-TIME CLEANER FOR BUILDING & GROUNDS DEPARTMENT RESOLUTION NO.: 270, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Facilities Manager has advised the Town Board that there is a vacant, full-time, second-shift Cleaner position in the Building & Grounds Department (Department), and WHEREAS, the Facilities Manager posted availability for the vacant position, reviewed resumes, applications, interviewed candidates and has recommended that the Town Board approve the hiring of Cheryl Viele, and WHEREAS, the Town Board has considered the Facilities Manager’s request and wishes to approve Ms. Viele’s employment in this position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Facilities REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 26 th Manager to hire Cheryl Viele as a full-time, second-shift Cleaner effective on or about August 18, 2020, contingent upon: 1) Ms. Viele passing her pre-employment physical; 2) the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired; 3) drug and/or alcohol screening; and 4) a twenty-six (26) week probationary period, and BE IT FURTHER, RESOLVED, that Ms. Viele shall be paid at the hourly rate of pay listed in the current CSEA Union Agreement for the position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Facilities Manager and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of August, 2020 by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND VILLAGE OF HUDSON FALLS FOR SHARED WATER SUPPLY SERVICES, MACHINERY, EQUIPMENT, SUPPLIES AND SUPPORT PERSONNEL RESOLUTION NO.: 271, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, all municipalities have authority to contract with other municipalities for the purpose of renting, leasing, exchanging or borrowing machinery and equipment and to borrow or lend materials and supplies to other municipalities, and WHEREAS, the Town of Queensbury (Town ) and the Village of Hudson Falls (Village) each have water supply machinery and equipment which is idle at certain times and often have materials and supplies on hand which are not immediately needed, and REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 27 WHEREAS, by the renting, borrowing or exchanging of machinery, equipment and supplies, the Town and the Village may avoid purchasing certain needed water supply machinery and equipment or keeping a large inventory of extra materials and supplies, thereby saving their respective taxpayers’ money, and WHEREAS, the Town and the Village negotiated terms for an Intermunicipal Agreement for shared water supply services, machinery, equipment, supplies and support personnel and by Resolution No.: 214,2011, the Town Board, on behalf of the Queensbury Consolidated Water District, approved of an Intermunicipal Agreement for Shared Water Supply Services, Machinery, Equipment, Supplies and Support Personnel with the Village for a five (5) year term, and WHEREAS, the Town Water Superintendent has recommended that the Town enter into such an Intermunicipal Agreement for a new five (5) year term, and WHEREAS, the Town Board believes that such Agreement would be in the best interests of the Town, its residents, and its Consolidated Water District, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Queensbury Consolidated Water District, hereby approves of and authorizes an Intermunicipal Agreement for Shared Water Supply Services, Machinery, Equipment, Supplies and Support Personnel with the Village of Hudson Falls as delineated in the preambles of this Resolution for a five (5) year term, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Intermunicipal Agreement substantially in the form presented at this meeting and authorizes and directs the Town Supervisor, Town Water Superintendent and/or Town Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of August, 2020, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF RETENTION AND DISPOSITION SCHEDULE FOR NEW YORK LOCAL GOVERNMENT RECORDS (LGS-1) RESOLUTION NO.: 272, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 28 WHEREAS, the New York State Archives is revising and consolidating its local government records retention and disposition schedules and issuing a single, comprehensive retention schedule for all New York State local governments, including the Town of Queensbury, entitled the “Retention and Disposition Schedule for New York Local Governments or LGS-1” (LGS-1) which will supersede and replace prior schedules effective as of August 1, 2020, and WHEREAS, local governments must adopt LGS-1 prior to utilizing it, and WHEREAS, the Town Clerk/Records Access Officer has recommended that the Town Board now adopt the LGS-1, NOW, THEREFORE, BE IT RESOLVED, in accordance with Article 57-A of the Arts and Cultural Affairs Law, the Queensbury Town Board hereby authorizes adoption of the “Retention and Disposition Schedule for New York Local Governments or LGS-1” (LGS-1) which contains legal minimum retention periods for local government records for use by all officers in legally disposing of valueless records listed therein, and BE IT FURTHER, RESOLVED, that in accordance with Article 57-A: a) Only those records will be disposed of that are described in LGS-1, after they have met the minimum retention periods described therein; b) Only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond established legal minimum periods; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Clerk/Town Records Access Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of August, 2020, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 29 ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR HEAVY HAUL TRUCK/TRACTOR FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 273, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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 2015 or newer Heavy Haul Truck/Tractor 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 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 2015 or newer Heavy Haul Truck/Tractor 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 17 day of August, 2020, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF SCOTT ROWLAND FROM MECHANIC TO WORKING SUPERVISOR IN TOWN HIGHWAY DEPARTMENT REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 30 RESOLUTION NO.: 274, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Highway Superintendent has advised that there is currently a vacancy in the Working Supervisor position in the Highway Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Highway Superintendent posted for such position, and WHEREAS, Scott Rowland, a current full-time Mechanic within the Department, requested a promotion to the position, and WHEREAS, the Highway Superintendent recommends that the Town Board authorize the promotion of Mr. Rowland from Mechanic to Working Supervisor as Mr. Rowland has met the qualifications and has the required job experience for the position, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Scott Rowland from Mechanic to Working Supervisor in the Town Highway Department effective th on or about August 18, 2020 at the rate of pay specified in the Collective Bargaining Agreement between the Town and CSEA for the Working Supervisor position, subject to a ninety (90) day probationary period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of August, 2020 by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING TRAVEL POLICY DURING COVID-19 PANDEMIC RESOLUTION NO.: 275, 2020 REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 31 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution Nos: 123,2020 and 133,2020, the Queensbury Town Board authorized adoption of its COVID-19 Pandemic Response Plan and Revised Plan, and WHEREAS, as a result of requirements placed on the Town due to the COVID-19 Pandemic, Town employees may face travel restrictions consistent with New York State Department of Health regulations for quarantine, and therefore the Town Board wishes to adopt a Travel Policy to provide all Town employees with guidance during the COVID-19 Pandemic substantially in the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that as a result of requirements placed on the Town due to the COVID-19 Pandemic, the Queensbury Town Board hereby authorizes and directs implementation of a Travel Policy in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward copies of this Resolution to all Town Department Managers and the Town Supervisor and/or Town Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of August, 2020, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS – WARRANTS: 08142020 AND 08182020 RESOLUTION NO.: 276, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants: 08142020 and 08182020 with run dates of 08/14/2020 and 08/13/2020 and payment dates of 08/18/2020, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 32 RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills presented as Warrants: 08142020 and 08182020 with run dates of 08/14/2020 and 08/13/2020 and payment dates of 08/18/2020 totaling $933,404.64 and $1,286,239.64, 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 17 day of August, 2020, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2020 TO AMEND QUEENSBURY TOWN CODE TO ESTABLISH RENEWABLE ENERGY SYSTEMS AND FACILITIES REGULATIONS RESOLUTION NO.: 277, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: ___ of 2020 to amend its Zoning Law to establish renewable energy systems and facilities regulations, and WHEREAS, before the Town Board may amend its Zoning Law, 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 Law, and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation, and WHEREAS, the Town Board wishes to also refer the proposed Zoning Law amendments and obtain a recommendation from the Town of Queensbury Planning Board before enacting the legislation, and WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the proposed Zoning Law amendments prior to adoption, and REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 33 WHEREAS, the Town of Queensbury amendments comply with and are in furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board formally authorizes and directs the Town’s Director of Planning, Zoning and Code Compliance to forward copies of the proposed Zoning Law Amendments to the Adirondack Park Agency for its review and approval in accordance with Article 27 of the Executive Law, §807, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Planning, Zoning and Code Compliance to forward copies of the proposed Zoning Law Amendments to the Warren County Planning Department and the Town of Queensbury Planning Board for review and recommendation, and BE IT FURTHER RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, September 28, 2020 to hear all interested persons concerning proposed Local Law No.: ___ of 2020 which provides for certain amendments of the Town of Queensbury’s Zoning Law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days’ prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town’s official newspaper and by posting the Notice of Public Hearing on the Town’s website and public bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send the Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials, agencies, municipalities or individuals, in accordance with New York State Town Law §265 and any other applicable State Laws or Town Code provisions, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or Town Director of Planning, Zoning and Code Compliance to take such other actions and give such other REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 34 notices as may be necessary in preparation for the Public Hearing and for the Town Board to lawfully adopt proposed Local Law No.: ___ of 2020. th Duly adopted this 17 day of August, 2020, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION RESCINDING RESOLUTION NO.: 252,2020 AND AUTHORIZING OUTSOURCING OF MILLING AND/OR PAVING WORK AND PURCHASE OF RELATED MATERIALS RESOLUTION NO.: 278, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 252,2020, the Queensbury Town Board approved of the Town Highway Superintendent’s outsourcing of milling and/or paving work on certain roads within the Town of Queensbury to Peckham Companies (Peckham), and WHEREAS, no contract between the Town and Peckham has been entered into regarding this work, and WHEREAS, the Town Board wishes to rescind Resolution No.: 252,2020 and authorize the outsourcing of milling and/or paving work on certain roads within the Town of Queensbury (Project) as follows: 1) complete milling and traffic control to Rifenberg Construction for the amount of $53,131.65 per Warren County Bid for Cold Milling of Pavement for Highway Rehabilitation (#WC-11-19) pricing; 2) complete paving and traffic control to Peckham Companies (Peckham) for the amount of $108,160 per New York State Office of General Services Group #31502, Award #23148 pricing; and 3) type 6 top course materials and asphalt delivery costs for the amount of $215,224.80 per Warren County Bid #WC-12-20 pricing; for a cost of $376,516.45, and WHEREAS, the Highway Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Project and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a five-percent (5%) contingency for Change Orders that he deems necessary or appropriate, REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 35 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rescinds Resolution No.: 252,2020, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves of the Town Highway Superintendent’s outsourcing of milling and/or paving work on certain roads within the Town of Queensbury (Project) as follows: 1) complete milling and traffic control to Rifenberg Construction for the amount of $53,131.65 under Warren County Bid for Cold Milling of Pavement for Highway Rehabilitation (#WC-11-19) pricing; 2) complete paving and traffic control to Peckham Companies (Peckham) for the amount of $108,160 under New York State Office of General Services Group #31502, Award #23148 pricing; and 3) type 6 top course materials and asphalt delivery costs for the amount of $215,224.80 per Warren County Bid #WC-12-20 pricing; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Highway Superintendent to approve and sign Change Orders pertaining to the Project up to a five-percent (5%) contingency or in the total amount not exceeding $18,826 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that this Project in the amount of $376,516.45, plus a contingency of $18,826, for a total Project cost of $395,342.45, be paid from Chips Capital Construction, Account No.: 004-5112-2899 and authorizes and directs the Town Budget Officer to increase revenues in Chips Revenue Account No.: 004-0000-53501 by $46,350, increase Chips Capital Construction Account No.: 004-5112-2899 by $46,350, amend the 2020 Town Budget, make any adjustments, budget amendments, transfers and/or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Highway Superintendent, Town Purchasing Agent and/or Town Clerk to take any steps necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of August, 2020, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 36 NOES: None ABSENT: None CORRESPONDENCE- Deputy Town Clerk, Mellon-  Building and Codes Supervisor’s Monthly (July) Report has been received and is on file in the Town Clerk’s Office.  Petition submitted by Helene Dubin for a crosswalk at the intersection of Assembly Point Road. The petition will be filed in the Town Clerk’s Office. 5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) HELENE DUBIN- Spoke on and submitted a petition for a crosswalk to be installed on Assembly Point Road. JENNIFER & JAMES DOBKOWKSI- Spoke regarding issues with short-term rentals. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I)-  Complimented Councilwoman Magee on her responsiveness and intelligence. She is a great addition to a great team.  Great job to Highway Superintendent, Dave Duell and his crew.  Spoke regarding dislike of crosswalks. COUNCILMAN FREER (WARD II)- Enjoyed the “Million Reasons” rally at Crandall Park last Saturday. There were some excellent speakers. COUNCILMAN FERONE (WARD III)- Nothing to report. COUNCILWOMAN MAGEE (WARD IV)-  Also attended the “Million Reasons” even last Saturday. It was very nice.  Spoke regarding Trump Rally on Lake George last weekend. It was not a tranquil event. There were a lot of boats and they were going so fast they created six-foot swells. She was deeply disappointed in people’s disregard for others safety. SUPERVISOR STROUGH-  Spoke regarding the Town’s recent audit. It was very good.  Spoke regarding an article in the Albany Business Review on Angio Dynamics.  As the winter season approaches, the Highway Department wants to remind everyone that obstacles in the Town’s right-of-way (10 feet from edge of road) can be dangerous so please keep clear.  Received a letter from a constituent complimenting the Highway Department on their work on Montray Road.  Spoke regarding the Town’s safety record.  Thanked all who attended meeting.  Thanked Looked TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 279, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Amanda Magee REGULAR TOWN BOARD MEETING, 08-17-2020, MTG #26 37 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 17th day of August 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I