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09-14-2020 MTG#27 REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 51 REGULAR TOWN BOARD MEETING MTG#27 SEPTEMBER 14th, 2020 RES#280-309 7:01 P.M. B.H. 38-43 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILWOMAN AMANDA MAGEE TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS LOOK TV, PEPE PRODUCTIONS, POST STAR (REMOTE) PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON AMANDA MAGEE SUPERVISOR STROUGH-Called meeting to order… 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 280, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from session and enters into the Queensbury Board of Health. th Duly adopted this 14 day of September, 2020 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None ABSENT:None PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN GRAZIANO TH PUBLICATION DATE: AUGUST 28, 2020 AGENT DENNIS MACELROY, ENVIRONMENTAL DESIGN PARTNERSHIP, LLC SUPERVISOR STROUGH-Read letter into record from John Graziano (on file in Town Clerk’s Office ) informing the Board of recent changes that have an effect on the application for wastewater variance noting he is no longer the owner. The new owners are Mario and Patricia Kowalczyk. It was and is my intent to transfer the anticipated variance approval to the new owner as an area variance runs with the land. I authorize the transfer of this application to Mr. Kowalczyk so it can proceed with its public hearing and review at your meeting on September 14, 2020. We are having a public hearing on this application tonight. Supervisor Strough reviewed application before opening public hearing. Do you wish to propose the language changes now? TOWN COUNSEL, HAFNER-After the public hearing. SUPERVISOR STROUGH-Mr. MacElroy if you will proceed with the clarifications for us. REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 52 MR. MACELROY-Thank you. This property is 2 Sunset Lane, which is on the corner of Assembly Point Road. As indicated, it has recently transferred. The seller was in the process of securing this variance replacement system to be compliant with current standards. The timing of the transfer of the property was such they closed before Labor Day. They beat us to the meeting here. Both buyer and seller are in agreement and have written letters to the Board indicating their acceptance of the circumstances. The system is a standard system using an Eljen GFS a lateral system. What we have proposed because we are lacking in that separated distance to the neighboring well. It is actually two properties away. The in-between property is only fifty feet wide. We are still shy of the hundred feet from the property two doors away that is the Carte property. We are suggesting adding a UV disinfecting system to the discharge from the septic tank to further treat the effluent before it is discharged through the Eljen system. We have had conversations with a representative of the Carte family. I am not sure if Chris Carte had written a note to the Board. I have one from him to me that indicates that they did not have objection to the system. I don’t see Chris here tonight. That is the variance that is required and requested. SUPERVISOR STROUGH-Any questions? COUNCILMAN METIVIER-I am just curious, was the Septic Transfer Law triggered here? MR. MACELROY-Yes. There will be a posting of the two thousand dollar deposit by probably the seller, excuse me probably the buyer. COUNCILMAN FREER-The other thing, it was a two bedroom and now it is a four bedroom. They had to expand the discharge to comply. That is why Dennis said they can’t get to a hundred feet. It is a pretty big, the discharge area. MR. MACELROY-It does occupy pretty much the same footprint as the existing system. It just is now we are using Eljen GFS Units. They increased the capacity within the same area as previously used by conventional stone and trench. SUPERVISOR STROUGH-Any other questions for Mr. MacElroy? Town Counsel will you please go through the changes you are proposing. COUNCILMAN FREER-Are we going to have the public hearing? SUPERVISOR STROUGH-We are going to have the public hearing. I want the public to be clear as to what the Resolution… TOWN COUNSEL, HAFNER-The changes are only if the Town Board is in agreement of approving the application. We would propose two changes. One, we would add a Whereas. It would be the third Whereas. Whereas, Mr. Graziano has sold the premises to Mario and Patricia Kowalczyk who will make the necessary wastewater system improvements. The second Resolved says you approve the application I would propose that we add, and authorizes the transfer of the variance to the new property owners, Mario and Patricia Kowalczyk, contingent upon the new property owners complying with the Town’s Septic Transfer Law to the satisfaction of the Town’s Director of Building and Codes and Enforcement. That would be my proposal. We do have to comply with the Septic Transfer Law. If you are in agreement with the variance this would let it move forward. Would just have to comply with it and fix the property. SUPERVISOR STROUGH-Any questions on behalf of the Town Board any thoughts or concerns with the proposed amendment of the Resolution? With that basis, I will open the public hearing. There will be folks who are present today will be given the first opportunities to speak to this application for a sanitary sewage disposal variance. Then I will also allow anybody who is watching through Zoom to raise the little blue hand. I will address that or you can call in. If you are watching this through YouTube, you can call (518) 761-8225. If you have a question on this particular application for sanitary sewage disposal variance, you will be given an opportunity in that order. PUBLIC HEARING SUPERVISOR STROUGH-For the folks that are here. Is there anybody here who would like to speak to this proposed Resolution before the Town Board tonight? Seeing no one here in the REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 53 public. Is there anyone through Zoom who would like to speak to this propose application for sanitary sewage disposal variance, I see none. Anybody like to call in again (518) 761-8225. I am not hearing anything. I think I have given the public amble opportunity to speak to this proposed application for sanitary sewage disposal variance. PUBLIC HEARING CLOSED DISCUSSION HELD BEFORE VOTE: SUPERVISOR STROUGH-Any remaining questions on behalf of the Board. COUNCILWOMAN MAGEE-I just have one question. I am curious how the closing was able to happen with something like this. It feels as if it puts us in a position not that, I want to say no, but that we could not realistically. SUPERVISOR STROUGH-That is a good question. I don’t have an answer for that. COUNCILMAN METIVIER-I agree. It seems like our system failed us I don’t understand it. MR. MACELROY-I don’t know that it failed you. The system as I experienced before is that the closing can take place. Dave monitors any reporting from the County Clerk’s Office on transfers. He gets that list once every week or two weeks something like that he has told me. He cross-references the properties that have gone through inspection. Then he notifies those buyers that they need to post their deposit and get on with the program. In that sense it certainly works. Dave called me this morning I didn’t talk to him directly. He was aware of this situation and was looking for some information about it. Again, I didn’t talk to him directly. I thought that I had conveyed that last week when we went on the site. I think the system still works. It is just that it is working maybe after the closing takes place. I have been involved with other properties in similar situations have caught up with them after the actually closing. The system still has gone in place. COUNCILWOMAN MAGEE-I just think it is a huge threat to the lake. The lake is important to all of us. We should put something in place so that...I think about the times I have bought a home and the hurdles and arduous task of getting to the finish line. I understand Dave has a lot on his plate, but I think in the future particular with this sort of variance… COUNCILMAN FERONE-This is a situation where something was done and we were not aware of it. It was made aware that even though the sale went through they are still having the septic system taken care of. It is not something that got away from us. I don’t see where there is an issue here. MR. MACELROY-The Building Department would not necessarily know of a closing unless there was communications to them directly beforehand. The closing is incumbent upon the seller the buyer and their Attorney to know that this is a Queensbury transfer. There is something else attached to this process justification or certification of the wastewater system. COUNCILWOMAN MAGEE-Just seems to me that this should have been a requirement of closing. We got there and were surprised that it was four bedrooms and you didn’t know who the owners of the house were. MR. MACELROY-I knew the owners of the house. I knew who the applicant was. I knew who the new owner was. It is true; I just learned that day that the actual closing happened the week before. Again, it is not a failure of the system. The system would have required that. When Dave found the transfer found that an inspection had not been done he would have implemented that process of requiring the same two thousand dollar deposit. In this case the buyer, the new owner no doubt would be posting that and given six months to construct the system if it is approved. The system does work. It can work in different ways. ATTORNEY HAFNER-If the Board is uncomfortable there is nothing that makes you have to take any action tonight. We have to hold a public hearing. You can take some time and consider… REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 54 COUNCILWOMAN MAGEE-I think it is more the idea that there could come a time when the Town of Queensbury is in a position to have people who bought a home maybe be made to feel uncomfortable and attack because we are saying something needs to happen that somebody else promised to do. It seems a little muddy is all I am saying. COUNCILMAN METIVIER-We have to sit with Dave and figure this out. This is not a Dennis problem this is our problem. COUNCILWOMAN MAGEE-Yeah. I apologize if I made it… SUPERVISOR STROUGH-Okay we will look into that matter. Is there anything else? Is there anyone who wants to discuss this further? Seeing none how about a motion to approve. RESOLUTION APPROVING JOHN GRAZIANO’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 38, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, John Graziano (Applicant) filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance 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, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health duly conducted a public hearing concerning the th variance request on Monday, September 14, 2020, and WHEREAS, the Applicant has sold the premises to Mario and Patricia Kowalczyk who will make the necessary wastewater system improvements, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variance, the Local Board of Health determines that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 55 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of John Graziano for a variance from the Sewage Disposal Ordinance 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 and bearing Tax Map No: 226.19-2-17 and authorizes the transfer of the variance to the new property owners, Mario and Patricia Kowalczyk, contingent upon the new property owners complying with the Town’s Septic Transfer Law to the satisfaction of the Town’s Director of Building and Codes Enforcement, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES : None ABSENT: None PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION OF SCOTT AND CAROL SBROCCO TH PUBLICATION DATE: AUGUST 28, 2020 PRESENT - SCOTT SBROCCO SUPERVISOR STROUGH-Reviewed application before opening the public hearing. Mr. Sbrocco is there anything more that you would like to add? MR. SBROCCO-The eight-foot variance is off 9L. It is quite a distance off 9L. The five-foot distance is off of Ed Holohan’s property. I did speak to Ed; he did give you guys a signoff; you should have a copy of that. When we got into this job, I bought the house in June of nineteen. I put a two thousand dollar deposit down…to get the job done in six months. I did hire an Engineer. We got our plans approved by the Town. Our original plan was to put this Fusion Unit in and reuse the existing drywell. I brought Nick Daigle can tell you why we could not do that when he started the construction. What ended up happening we did put the Fusion Unit in. We could not use the existing drywell so we kind of got tied up. This is back in last December. The Town disapproved my system. They took my two thousand dollars at this point. I’m trying to get it back. That is something I would like you guys to consider. From December when it got REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 56 disapproved, I brought the Engineer back he did some soil testing in April because of the winter’s months. We got our new design, which is the laterals with the stone. Just to fit it in the footprint those are the variances that we need. SUPERVISOR STROUGH-I understand that there are some questions from the Town Board on this project. COUNCILMAN FREER-It looks to be that there was three inch PVC above ground feeding the system. Is that the way it is designed and is that to code? MR. SBROCCO-I don’t know if that is the code. There is an above-ground line coming up from the house down below up to the top of the mountain then it feeds into the new Fusion tank. COUNCILMAN FREER-Is this a year round residence? MR. SBROCCO-No. It says it is a two bedroom. It’s a one bedroom on the lake barely has a kitchen in it. It’s basically a dock and a one bedroom. COUNCILMAN FREER-The outhouse that is in-between… MR. SBROCCO-That was there when I bought the property. COUNCILMAN FREER-It is not functional. MR. SBROCCO-No. COUNCILMAN FREER-I don’t want to put words in your mouth. MR. SBROCCO-It adds character. COUNCILMAN FREER-I just found it, the three foot several hundred foot three inch PVC what was driving that. I have never seen that before. Certainly in the winter that wouldn’t function. MR. SBROCCO-There is a pit at the bottom that gets drained back into the pit that line during the winter. It is not used during the winter. COUNCILMAN FERONE-Harrison was the bravest of the group. He actually went down that trail all the way to the bottom and followed that line just to let you know. The question I had we were talking I just had some concerns. The tank and the field is going to be at the top. You have a garage there. Apparently, there is some parking in the front. Things are tight there. People might have a tendency if you have more than people that fit in the driveway that park on top of the system. I would like to see some type of barrier fence or something just to prevent people from parking on top of that because you do not want that to happen. MR. SBROCCO-I did draw on my plan. I have room with the existing paving and the garage with that system; I have room for four cars. Eight foot by….spots… COUNCILMAN FERONE-Somebody might be unaware and park over there. MR. SBROCCO-I do own the house across the street, which that is where we sleep that, is the big house, which has plenty of parking. COUNCILMAN FREER-George’s point is. Unless you physically put something, there the people who visit will park there. That will deteriorate the systems designs essentially. If the Engineer wants to challenge that, I am happy to listen to him. MR. SBROCCO-He is the contractor. I am an Engineer, but my Engineer is not here. I agree if you park on the system, it is not made to be parked on. COUNCILMAN FERONE-Again, something minimally to go there so the people will be prevented from parking. REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 57 MR. SBROCCO-A railroad tie or some kind of curbing. SUPERVISOR STROUGH-Do you want to add that to the Resolution? That there is going to be some kind of obstruction be a fence, boulders, curbing ties, some kind of satisfactory obstruction to prevent the vehicles from parking over this infiltration bed area? ATTORNEY HAFNER-Will it be to the satisfaction of the Director of Building and Codes. TOWN BOARD-Yes. COUNCILMAN FERONE-That makes it very easy. TOWN COUNSEL, HAFNER-Before you get your final permit you should talk to them what would be satisfactory so that is approved in the permit. SUPERVISOR STROUGH-Anything else for Mr. Sbrocco I am going to open the public hearing. PUBLIC HEARING OPENED NO PUBLIC COMMENT PUBLIC HEARING CLOSED DISCUSSION HELD BEFORE VOTE: TOWN COUNSEL, HAFNER-Do you want me to give you the language? SUPERVISOR STROUGH-Yes. TOWN COUNSEL, HAFNER-I am going to add another Resolved for the Town Boards consideration. Resolved, that this Resolution is contingent upon there being sufficient barriers permanently placed and maintained to prevent parking over the infiltration bed, which barriers must be approved by the Town’s Director of Building and Codes Enforcement in advance of construction. Does that seems consistent? SUPERVISOR STROUGH-Is that amended Resolution okay with the Councilperson…. COUNCILWOMAN MAGEE-It is. COUNCILMAN FERONE-Yes. SUPERVISOR STROUGH-Make a motion. RESOLUTION APPROVING SCOTT AND CAROL SBROCCO’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 39, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Scott and Carol Sbrocco’s (Applicants) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance 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; REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 58 on property located at 2952 State Route 9L in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health duly conducted a public hearing concerning the th variance request on Monday, September 14, 2020, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 3. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 4. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Scott and Carol Sbrocco for variances from the Sewage Disposal Ordinance 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 and bearing Tax Map No: 239.20-1-13, and BE IT FURTHER, RESOLVED, that this Resolution is contingent upon there being sufficient barriers permanently placed and maintained to prevent parking over the infiltration bed, which barriers must be approved by the Town’s Director of Building and Codes Enforcement in advance of construction, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 59 RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JAMES BRODA RESOLUTION NO.: 40, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, James Broda has applied to the Local Board of Health for variances from Chapter 136 to maintain a pre-existing, non-conforming septic system with placement of a leaching system: 1. 65’ from the well in lieu of the required 100’ setback; and 2. 10’ from the dwelling in lieu of the required 20’ setback; on property located at 136 Cleverdale Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing th on Monday, September 28, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider James Broda’s sewage disposal variance application concerning property located at 136 Cleverdale Road in the Town of Queensbury (Tax Map No.: 227.17-2-33) and at that time all interested persons will be heard, and REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 60 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 feet of the property as required by law. th Duly adopted this 14 day of September, 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 SEWAGE DISPOSAL VARIANCE APPLICATION OF SARAH LANDERS, AMANDA SYKES AND MEGHANN BODEAU RESOLUTION NO.: BOH 41, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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, Sarah Landers, Amanda Sykes and Meghann Bodeau have applied to the Local Board of Health for a variance from Chapter 136 to maintain a Clarus Fusion septic system with placement of the pre-existing, non-conforming leach pit 62’ from the Lake George shoreline in lieu of the required 100’ setback on property located at 15 Sign Post Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing th on Monday, September 28, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Sarah Landers, Amanda Sykes and Meghann Bodeau’s sewage disposal variance application concerning property located at 15 Sign Post Road in the Town of Queensbury (Tax Map No.: 239.16-1-10) 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 feet of the property as required by law. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 61 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF KEITH AND SARAH BARTON RESOLUTION NO.: 42, 2020 INTRODUCED BY: Mr. George Ferone 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, Keith and Sarah Barton (Applicants) have applied to the Local Board of Health for variances from Chapter 136 to install a septic system with certain components to be located as follows: 1. Infiltrator H-20 Chamber absorption system to be located beneath the driveway; 2. Absorption field to be 1.5’ from the property line instead of the required 10’ setback; 3. Septic tank to be 3.5’ from the property line instead of the required 10’ setback; and 4. Distribution box to be 1.5’ from the property line instead of the required 10’ setback; on property located at 120 Sunnyside North 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 28, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Keith and Sarah Barton’s sewage disposal variance application concerning property located at 120 Sunnyside North, Queensbury (Tax Map No.: 279.17-2-11) 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 14 day of September, 2020, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH. 43, 2020 REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 62 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. th Duly adopted this 14 day of September, 2020 by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES: None ABSENT:None 2.0 PUBLIC HEARING BAY RIDGE VOLUNTEER FIRE COMPANY INC.’S PROPOSAL TO PURCHASE RESCUE UTILITY VEHICLE AND INCURRENCE OF TAX- FREE FINANCING/DEBT FOR SUCH PURCHASE PUBLICATION DATE: AUGUST 28, 2020 SUPERVISOR STROUGH-Reviewed Resolution before opening public hearing noting the older vehicle will either be sold and that would be put against the principal or they would trade in to reduce the debt. They are not asking for the Town Board for additional monies. This is within their budget as we have asked all five Fire Departments and three Emergency Medical Squads. We have eight organizations that we deal with to provide you with Emergency Services, mostly volunteer. We are very lucky in the Town of Queensbury to have these volunteers who offer their time free and it is considerable time. I think this Board and the public does appreciate what they do for us. If any event they still need our approval to go ahead with this purchase even though it is not changing their budgetary status at all. It is in line with their budget. It is in line with their replacement program. They just still need our approval. We are going to have a public hearing about this because it is taxpayer money. I will do the same thing. I will ask any members of the public that are present tonight. I will ask the Zoom people. Then I will ask the people who are watching us through YouTube. Any thoughts questions or anything on behalf of the Town Board on this matter? COUNCILMAN FERONE-No. SUPERVISOR STROUGH-Not at this time. I will open the public hearing. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING BAY RIDGE VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE 2021 CHEVROLET RESCUE UTILITY VEHICLE AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT FOR SUCH PURCHASE RESOLUTION NO.: 281, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Amanda Magee WHEREAS, the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 63 or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company advised the Town Board that it wishes to purchase a 2021 Chevrolet Rescue Utility Vehicle (Vehicle) to replace its 1997 Ford Rescue Utility Vehicle for a purchase price not to exceed $90,000, such purchase already included in the Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, the Fire Company plans on paying for the proposed, new Vehicle by up to $90,000 maximum amount of tax-exempt financing, and WHEREAS, proceeds from the sales of the Fire Company’s replaced apparatus (the 1997 Ford Rescue Utility Vehicle) would be placed either: 1) against the principal of the new, proposed Vehicle and/or 2) toward other Fire Company debt, and WHEREAS, once the new Vehicle is placed into service, the Fire Company will remove the replaced apparatus from service and sell it, and will sell it after all potential warranty/service issues are resolved with the new Vehicle, and WHEREAS, Town Board approval of such proposed purchase is required by the Fire Company’s Agreement with the Town and such proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and WHEREAS, the Vehicle will be owned and used by the Fire Company to provide fire protection to the Town and maintained at its firehouse located at 1080 Bay Road in the Town of Queensbury, th WHEREAS, on Monday, September 14, 2020, the Town Board duly held a public hearing concerning the Fire Company’s proposed purchase and tax-exempt financing as required by the Fire Company’s Agreement with the Town and the Internal Revenue Code and heard all interested persons, and REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 64 WHEREAS, the Town Board believes that this new Truck will provide additional safety protection for the Town while eliminating an aging apparatus from the Fire Company’s fleet and wishes to abide by the recommendations of MMA Consulting Group, Inc., and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Truck purchase and the Fire Company’s corresponding incurrence of tax-exempt debt, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge Volunteer Fire Company, Inc.’s proposal to purchase a 2021 Chevrolet Rescue Utility Vehicle (Vehicle) to replace its 1997 Ford Rescue Utility Vehicle for a purchase price not to exceed $90,000, such purchase already included in the Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Fire Company’s incurrence of approximately $90,000 maximum amount in debt for such purchase with the Adirondack Trust Company with the understanding that the Town Board is relying upon the Fire Company’s assurance that the Truck is serviceable and suitable for its long-term intended use, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the Adirondack Trust Company on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 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 MINUTES ) JOHN SZEMANSCO-CERTIFIED STORMWATER CONTRACTOR, RESIDENT OF NORTHWEST VILLAGE-Spoke to the Board regarding Resolution Authorizing Engagement of The Chazen Companies for Professional Services – Upper Northwest Trail Drainage Evaluation and Establishment of Upper Northwest Trail Drainage Capital Project No. 233 REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 65 4.0 RESOLUTIONS RESOLUTION AUTHORIZING ESTABLISHMENT OF WATER TREATMENT PLANT CAMPUS IMPROVEMENTS CAPITAL PROJECT FUND #232 RESOLUTION NO.:282, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, in early June, a tornado damaged the fence and roof at the Town of Queensbury’s Water Treatment Plant Facility/Campus and the Town has received insurance funds in the amount of $150,426.48 providing for repairs to the fence and roof, as well as to replace the shingled roof on the pole barn that had numerous shingles blown off, and WHEREAS, the Town Water Superintendent has requested that the Town Board authorize establishment of a Capital Project to provide for these repairs as well as for future repairs and improvements including but not limited to further roof repairs, major electrical upgrades which include upgrading its 1974 Motor Control Center, and future security upgrades such as perimeter fencing, and accordingly establish and fund the Revenue and Expense Accounts for the Capital Project in the amount of $150,426.48, and WHEREAS, the Town Board wishes to establish the Capital Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes establishment of Water Treatment Plant Campus Improvements Capital Project No. 232 in the amount of $150,426.48 to establish funding for expenses related to the repairs and improvements associated with the Capital Project described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs establishment of appropriations and estimated revenues as follows:  232-0000-52680 Insurance Recoveries - $150,426.48  232-8310-2899 Capital Expense - $150,426.48 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 66 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of September, 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 LOCATED AT 404 DIX AVENUE RESOLUTION NO.: 283, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has reported to the Town Board that the property located at 404 Dix Avenue in the Town is in a state of serious neglect in that the entire yard needs to be mowed and household furniture and other discarded debris located outside of the dwelling need to be removed, and therefore he recommends that the Town Board authorize a one-time mowing and cleanup of the furniture and discarded debris on the property, and WHEREAS, the Town Board has concluded that the condition of the property creates a public health hazard due to concerns regarding discarded debris, 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 but his efforts have been to no avail as he has been unable to reach anyone or obtain any resolution of the situation, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, WHEREAS, the Director obtained quotes for the one-time mowing and one-time cleanup of the property, and REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 67 WHEREAS, Cheap Pete’s Lawn Care submitted quotes dated 8/17/2020 as follows: 1) one-time mowing - $125; 2) one-time cleanup - $250; for a total amount not to exceed $375 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 mow the lawn and cleanup 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 authorizes the Director of Building and Codes Enforcement (Director) to engage the services of Cheap Pete’s Lawn Care for the mowing and cleanup of the property located at 404 Dix Avenue delineated in this Resolution and as set forth in Cheap Pete’s Lawn Care’s quotes dated 8/17/2020 as follows: 1) one-time mowing - $125; 2) one- time cleanup - $250; for a total amount not to exceed $375 to be paid upon Cheap Pete’s Lawn Care submitting proper invoices to the Town outlining the dates on which the property was mowed and/or cleaned up, to be paid for from Account No.: 001-3620-4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $375 from Contingency Account No.: 001-1990-4400 to Account No.: 001-3620-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director to inform the Town Assessor and/or Town Receiver of Taxes and Assessments of the total expenses of such mowing, cutting, trimming, removal, spraying and/or cleanup of the property so that the expenses can be properly assessed and constituted as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement, Town Assessor, Town Receiver of Taxes and Assessments and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2020, by the following vote: REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 68 AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2021 GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO. 284, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2021 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th September 28, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2021 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. th Duly adopted this 14 day of September, 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 2021 LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO. 285, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2021 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th September 28, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 69 to hear all interested parties and citizens concerning the proposed 2021 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. th Duly adopted this 14 day of September, 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 2021 NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT – DUNHAM’S BAY – BENEFIT TAX ROLL RESOLUTION NO.: 286, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2021 North Queensbury Wastewater Disposal District – Dunham’s Bay - Benefit Tax Roll as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th September 28, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2021 North Queensbury Wastewater Disposal District – Dunham’s Bay Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. th Duly adopted this 14 day of September, 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 REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 70 2021 QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 287, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2021 Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk’s Office and also on the Town’s website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th September 28, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2021 Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. th Duly adopted this 14 day of September, 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 2021 RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 288, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2021 Reservoir Park Sanitary Sewer District Benefit Tax Roll as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk’s Office and also on the Town’s website, REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 71 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th September 28, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2021 Reservoir Park Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. th Duly adopted this 14 day of September, 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 2021 ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 289, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2021 Route 9 Sanitary Sewer District Benefit Tax Roll as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk’s Office and also on the Town’s website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th September 28, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2021 Route 9 Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 72 th Duly adopted this 14 day of September, 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 2021 SOUTH QUEENSBURY – QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO. 290, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2021 South Queensbury – Queensbury Avenue Sanitary Sewer District Benefit Tax Roll as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk’s Office and also on the Town’s website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th September 28, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2021 South Queensbury – Queensbury Avenue Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. th Duly adopted this 14 day of September, 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 2021 WEST QUEENSBURY –CONSOLIDATED SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO. 291, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 73 SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2021 West Queensbury Consolidated Sewer District Benefit Tax Roll as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk’s Office and also on the Town’s website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th September 28, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2021 West Queensbury Consolidated Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF PICK-UP TRUCK FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 292, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, in accordance with Resolution No.: 257,2020, the Town of Queensbury’s Purchasing Agent provided specifications for a 2020 or newer 3/4 ton F-250 super duty or equal pick-up truck for the Water Department to replace a year 2009 Ford Ranger pick-up truck with 95,000 miles on it (Town Asset No.: 8786) to the New York State Office of General Services Procurement Program, and th WHEREAS, on August 12, 2020 the Purchasing Agent received bid information for the Truck from the New York State Pro Vehicle Market Place, and REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 74 WHEREAS, the Water Superintendent and Purchasing Agent reviewed the bid information and have recommended that the Town Board authorize the bid award for a 2020 Dodge Ram 2500 Tradesman 4WD pick-up truck to the lowest, responsible bidder, Robert Green Auto & Truck, Inc., for an amount not to exceed $27,379.18, and WHEREAS, the Water Superintendent has also requested authorization to purchase a plow and other needed ancillary equipment to make the truck Water Department ready for a total amount not to exceed $7,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for a 2020 Dodge Ram 2500 Tradesman 4WD Pick-up Truck to the lowest, responsible bidder, Robert Green Auto & Truck, Inc., for an amount not to exceed $27,379.18, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent to purchase a plow and other needed ancillary equipment for the truck for an additional amount not to exceed $7,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such purchase shall be by a transfer of $34,380 from the Water Department’s undesignated, unassigned fund balance Account No.: 040-0000-0909 to Vehicles Account No.: 040-8340-2020 and the Town Budget Officer shall 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 Budget Officer to engage the services of auction company GovDeals to sell/dispose of the truck being replaced in the Water Department identified as a 2009 Ford Ranger, Town Asset No: 8786, and deposit any sales REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 75 proceeds into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING SEEKING OF BIDS THROUGH NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT PROGRAM OR LOCAL BID FOR TRUCK FOR BUILDING AND GROUNDS DEPARTMENT RESOLUTION NO.: 293, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury’s Facilities Manager has advised the Town Board that he wishes to advertise for bids for the purchase of a 2020 or newer F-350 super duty or equal pick-up truck for the Building and Grounds Department to replace a year 2012 F-350 pick-up truck with 53,329 miles on it (Town Asset No.: 8967) such new truck to be described in bid documents/specifications to be prepared by the Facilities Manager and/or Town Purchasing Agent, and WHEREAS, the Town wishes to purchase the truck through the New York State Office of General Services Procurement Program or through local bid, 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 Purchasing Agent to provide the specifications for a 2020 or newer F-350 super duty or equal pick- up truck to the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the truck as described above in the official newspaper for the REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 76 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 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING TRANSPORTATION AGREEMENT BETWEEN CITY OF GLENS FALLS – GREATER GLENS FALLS TRANSIT SYSTEM AND TOWN OF QUEENSBURY FOR 2021/2022 RESOLUTION NO.: 294, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the City of Glens Falls operates a public mass transportation system known as the Greater Glens Falls Transit System (Transit System) which provides transit bus service within portions of Saratoga, Warren and Washington Counties, and WHEREAS, the Town of Queensbury’s current Transportation Agreement with the Transit st System will expire as of December 31, 2020 and the Transit System has submitted a new Transportation Agreement for January 1, 2021 through December 31, 2022 to the Town for approval, and WHEREAS, such Agreement provides for the continuance of an Advisory Transportation Committee consisting of two members from the Transit System and two members from each participating community, and historically the Town of Queensbury’s two representatives have been the Town Supervisor and Senior Planner, and WHEREAS, the Town Board believes that this public transportation service benefits and serves the public interest of Town residents, and WHEREAS, a copy of the Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Transportation Agreement between the City of Glens Falls’ Greater Glens Falls Transit System and Town of Queensbury presented at this meeting for an amount of $59,137 annually for 2021 and the amount for 2022 will be set by the Advisory Committee in 2021 (on which the Town has two representatives), to be paid from the appropriate account, and REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 77 BE IT FURTHER, RESOLVED, that the Town Board further approves of the appointment of the Town Supervisor and Senior Planner as the Town of Queensbury’s representatives on the Greater Glens Falls Transit System Advisory Transportation Committee, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor, Senior Planner and/or Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND CERTAIN ORGANIZATIONS RESOLUTION NO.: 295, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by prior Resolution the Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town of Queensbury has received applications for such occupancy tax funding from various organizations and the Town Board has met and deliberated concerning such funding requests, and WHEREAS, the Town Board wishes to provide funding and enter into Agreements with certain organizations, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 78 RESOLVED, that the Queensbury Town Board hereby approves and authorizes 2020 funding to the following organizations to assist in funding their various events and authorizes Local Tourism Promotion and Convention Development Agreements (Agreements) between the Town and each organization and authorizes and directs the Town Supervisor to execute the Agreements as follows: NAME OF ORGANIZATION FUNDING AMOUNT Chapman Museum $ 10,000 Feeder Canal Alliance $ 10,000 Hyde Collection $ 10,000 and BE IT FURTHER, RESOLVED, that such funding shall be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes an increase of appropriations in Occupancy Tax Account No.: 050-6410-4412 by $30,000 and increasing the revenue coded 050-0000-51113 Occupancy Tax by $30,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary, and the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that each Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING COMMUNITY SERVICE AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND CERTAIN ORGANIZATIONS RESOLUTION NO.: 296, 2020 INTRODUCED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 79 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into certain community service Agreements with certain organizations for the provision of certain community-based services and benefits, and WHEREAS, the Town of Queensbury has received applications for such funding from various organizations and the Town Board has met and deliberated concerning such funding requests, and WHEREAS, the Town Board wishes to provide funding and enter into Agreements with certain organizations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the following organizations and authorizes Community Service Agreements between the Town and each organization and authorizes and directs the Town Supervisor to execute the Agreements as follows: NAME OF ORGANIZATION FUNDING AMOUNT The Conkling Center $10,000 Friends of Mountainside Library $ 1,500 Glens Falls Area Youth Center $12,000 and BE IT FURTHER, RESOLVED, that funding for such Agreements shall be paid for from the appropriate Town account(s) as will be determined by the Town Supervisor and/or Town Budget Officer. th Duly adopted this 14 day of September, 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 TO MOW CERTAIN ABANDONED OR NEGLECTED PROPERTY IN TOWN OF QUEENSBURY LOCATED AT 42 LUZERNE ROAD RESOLUTION NO.: 297, 2020 INTRODUCED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 80 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has reported to the Queensbury Town Board that the property located at 42 Luzerne Road in the Town of Queensbury is in a state of serious neglect, and WHEREAS, the Town Board has concluded that the condition of the property creates a public health hazard due to concerns regarding fire and the harboring of ticks and other vermin in the tall grass, and WHEREAS, the Director reports that he has previously attempted to contact 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 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 a quote from Cheap Pete’s Lawn Care dated 9/1/2020 for a one-time mowing of this property for an amount not to exceed $125 and therefore the Director recommends that the Town Board engage their mowing services, NOW, THEREFORE, BE IT, RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to the Property Owner of Record as set forth above requiring that they mow the lawn on their land within 10 days and failing to do so, the Town will cause such action to be taken and the cost thereof will be assessed by the Town Board on the real property and the assessment shall constitute a lien and charge on the real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves of the Director of Building and Codes Enforcement’s engagement of Cheap Pete’s Lawn Care for one-time lawn mowing services of the property described in the preambles of this Resolution for an amount not to exceed $125, to be paid upon Cheap Pete’s Lawn Care submitting a proper invoice to the Town outlining the date on which the property was mowed, to be paid for from Account No.: 001-3620-4400, and REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 81 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $125 from Contingency Account No.: 001-1990-4400 to Account No.: 001-3620-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Building and Codes Enforcement to inform the Town Assessor and/or Town Receiver of Taxes and Assessments of the total expenses of such cutting, trimming, removal or spraying of 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 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING APPOINTMENT OF RON NOLIN AS INSTRUMENT TECHNICIAN AT WATER DEPARTMENT RESOLUTION NO. 298, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury Water Superintendent has advised the Town Board that there is a vacant full-time Instrument Technician position in the Water Department, and WHEREAS, the Water Superintendent reviewed resumes, interviewed interested candidates and has recommended that the Town Board authorize the hiring of Ron Nolin in such position, and WHEREAS, the Water Superintendent has advised that Mr. Nolin has placed successfully on the Civil Service Exam for such position and therefore the Town Board wishes to authorize Mr. Nolin’s hiring, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 82 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Ron Nolin as a full-time Instrument Technician in the Town’s Water Department effective on or about th September 15, 2020 subject to the Town successfully completing pre-employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and subject to Mr. Nolin’s successful completion of a twenty-six (26) week probationary period, and BE IT FURTHER, RESOLVED, that Mr. Nolin shall be paid the hourly rate of pay for the Instrument Technician position as delineated in the Town’s current Agreement with the Civil Service Employees Association, and RESOLUTION AUTHORIZING CLOSURE OF PANIC ALARM SYSTEM AT WATER TREATMENT PLANT CAPITAL PROJECT FUND #224 RESOLUTION NO.: 299, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 31,2019, the Queensbury Town Board established the Panic Alarm System at Water Treatment Plant Capital Project Fund #224, and WHEREAS, the Town’s Water Superintendent has advised that the project is complete and Fund #224 may therefore be closed, and WHEREAS, the Town’s accounting records show that there is $22,592.85 remaining in Fund #224, and WHEREAS, the Town Board wishes to close Fund #224 and transfer its remaining balance to the Water Treatment Plant Campus Improvements Capital Project No. 232, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Panic Alarm System at Water Treatment Plant Capital Project Fund #224 and transfer its remaining balance of $22,592.85 to the Water Treatment Plant Campus Improvements Capital Project No. 232, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Town Budget Officer and/or Accountant to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 83 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS RESOLUTION NO.: 300, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 58, 2015, the Queensbury Town Board authorized an Agreement with Cellco Partnership d/b/a Verizon Wireless (Verizon) for wireless services, and WHEREAS, Verizon has entered into a new State contract for such services known as the Telecommunication Connectivity Services Group 77017, Award 23100, Contract #PS68692 and therefore the Town Board wishes to continue with and enter into an Agreement with Verizon for these services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes an Agreement with Cellco Partnership d/b/a Verizon Wireless for wireless services in accordance with the State contract for such services known as the Telecommunication Connectivity Services Group 77017, Award 23100, Contract #PS68692 in a form to be acceptable to the Town Supervisor, Town Budget Officer, Town Purchasing Agent and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Agreement and any other necessary documentation and authorizes and directs the Town Supervisor, Town Budget Officer, Town Purchasing Agent and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 84 INVASIVE SOLUTIONS DIVE COMPANY, LLC FOR TWO ADDITIONAL WEEKS OF DIVER ASSISTED SUCTION HARVESTING AT GLEN LAKE RESOLUTION NO.: 301, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 by Resolution No.: 308,2019 adopted the 2020 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, by Resolution No.: 167,2020, the Town Board authorized engagement of Invasive Solutions Dive Company, LLC to provide four, 40-hour work weeks of diver assisted hand harvesting related to the 2020 Aquatic Vegetation Management Program for Glen Lake, 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, as recommended by the Glen Lake Protective Association, the Town Board wishes to engage the services of Invasive Solutions Dive Company, LLC for two additional 40-hour work weeks for the amount of $14,960 in accordance with Invasive Solutions Dive Company, LLC’s 9/8/2020 Work Order presented at this meeting, 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 hereby authorizes engagement of Invasive Solutions Dive Company, LLC for two additional 40-hour work weeks related to the Aquatic Vegetation Management Program for Glen Lake in 2020 for the amount of $14,960 in accordance with Invasive Solutions Dive Company, LLC’s 9/8/2020 Work Order, and BE IT FURTHER, 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 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to amend the Town Budget and transfer $14,960 from Glen Lake Undesignated Fund Balance No.: 051-0000- 0909 to Glen Lake Misc. Contractual Account No.: 051-8790-4400 and take all actions necessary to fund and effectuate payment for such work, and REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 85 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Work Order 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 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES FOR PROFESSIONAL TECHNICAL SERVICES ASSOCIATED WITH UPPER NORTHWEST TRAIL DRAINAGE EVALUATION AND ESTABLISHMENT OF UPPER NORTHWEST TRAIL DRAINAGE CAPITAL PROJECT NO. 233 RESOLUTION NO.: 302, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to engage The Chazen Companies (Chazen) for professional technical services associated with the Upper Northwest Trail drainage evaluation for a sum not to exceed $29,900 in accordance with Chazen’s September 3, 2020 Proposal #PM201.68 presented at this meeting, and WHEREAS, the Town Board also wishes to authorize establishment of Upper Northwest Trail Drainage Capital Project Fund No.: 233 and establish and fund the Revenue and Expense Accounts for the Capital Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of The Chazen Companies for professional technical services associated with the Upper Northwest Trail drainage evaluation for a sum not to exceed $29,900 in accordance with Chazen’s September 3, 2020 Proposal #PM201.68 substantially in the form submitted at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes establishment of Upper Northwest Trail Drainage Capital Project Fund No.: 233 and authorizes and directs the Town Budget Officer to transfer $29,900 from Town Wide Drainage Project Capital Reserve Fund #66 to fund such Capital Project Fund #233 and establish appropriations and estimated revenues as follows:  233-0000-55031 Interfund Revenues - $29,900 REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 86  233-8540-2899 Capital Construction - $29,900  001-9950-9030-0066 Transfer to Capital Project - $29,900 and BE IT FURTHER, RESOLVED, that payment for The Chazen Companies’ services shall be paid from Capital Project Fund #233, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute Chazen’s September 3, 2020 Proposal #PM201.68 substantially in the form submitted at this meeting as well as any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mr. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING TERMINATION OF SERVICES WITH MUNICITY SOFTWARE CONSULTING ASSOCIATES AND ENGAGEMENT OF VERIZON CONNECT FOR VEHICLE TRACKING SUBSCRIPTION SERVICES RESOLUTION NO.: 303, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 289,2018, the Queensbury Town Board authorized engagement of the services of Municity Software Consulting Associates (MSCA) for implementation of software related to fleet and asset management and installation of GPS on Town vehicles, and REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 87 WHEREAS, the Town may terminate its agreement for services with MSCA at any time and for any reason by written notice specifying the termination date which shall be not less than seven days from the date such notice is given and the Town so wishes to terminate its agreement for services with MSCA, and WHEREAS, the Town Board wishes to engage the services of Verizon Connect for certain vehicle tracking subscriptions in accordance with Verizon Connect’s August 24, 2020 Services Order Form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, the Queensbury Town Board hereby authorizes and directs the termination of its agreement for services with Municity Software Consulting Associates (MSCA) as set forth in this Resolution and authorizes and directs the Town Budget Officer to provide written notice of such termination to MSCA, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs engagement of the services of Verizon Connect for certain vehicle tracking subscriptions in accordance with Verizon Connect’s August 24, 2020 Services Order Form presented at this meeting to be paid from such accounts as may be deemed appropriate by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign such Order Form Agreement substantially in the form presented at this meeting along with any other needed documentation and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF DEVIN STOCKMAN FROM LABORER TO WATER MAINTENANCE WORKER II RESOLUTION NO. 304, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 88 WHEREAS, the Town of Queensbury’s Water Superintendent has recommended that the Town Board authorize the promotion of Devin Stockman from Laborer to Water Maintenance Worker II at the Town’s Water Treatment Plant, and WHEREAS, the Water Superintendent has advised that Mr. Stockman has passed the Departmental verbal exam for the position, has a Class A Commercial Driver’s License and has the required two (2) years of job experience, 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 Devin Stockman from Laborer to Water Maintenance Worker II at the Town’s Water Treatment th Plant effective on or about September 15, 2020 at the rate of pay specified in the Town’s CSEA Union Agreement for the position, and BE IT FURTHER, RESOLVED, that in accordance with the Town’s Agreement with CSEA, such promotion shall be subject to a 90 day trial (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, Water Superintendent 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 14 day of September, 2020 by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION RATIFYING ADOPTION OF REVISED TOWN OF QUEENSBURY COVID-19 PANDEMIC RESPONSE PLAN RESOLUTION NO.: 305, 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 REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 89 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, 157, 178, 192, 204 and 216 of 2020, the Town Board authorized and ratified adoption of the 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 as 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, if necessary, to continue making modifications to the Plan as he determines that in his discretion are necessary as the situation changes and further information becomes known, with the Town Board to later have the ability to approve or disapprove a further revised Plan, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to distribute copies of this Plan to all Town Departments and the Warren County Office of Emergency Services, and the Town Supervisor, Town Safety and Compliance Officer and/or Town Facilities Manager to take any and all actions necessary to effectuate the terms of this Resolution and the Plan, as it may be amended. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT : None RESOLUTION TO AMEND 2020 BUDGET RESOLUTION NO.: 306, 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, REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 90 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 $ 001-0000-0909 Fund Balance 001-1430-4720 HR Consultant 12,000 009-9160-4110 Veh. Repair 009-8160-2899 Cap Construction 5,000 001-1990-4400 Contingency 001-1620-4300-2150 Electricity 800 001-0000-52150 Sale of Electricity 001-1620-4300-2150 Electricity 200 040-0000-0909 Fund Balance 040-8340-4400 Misc 50,000 AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT : None RESOLUTION APPROVING AUDITS OF BILLS WARRANTS: 09022020 AND 09152020 RESOLUTION NO.: 307, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants: 09022020 and 09152020 with run dates of 09/01/2020 and 09/10/2020 and payment dates of 09/02/2020 and 09/15/2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills presented as Warrants: 09022020 and 09152020 with run dates of 09/01/2020 and 09/10/2020 and payment dates of 09/02/2020 and 09/15/2020 totaling $325,873.38 and $1,078,220.16, and REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 91 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 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT : None RESOLUTION REAPPOINTING MEMBERS TO TOWN ETHICS BOARD RESOLUTION NO.: 308, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 133,2019, the Queensbury Town Board reappointed the mandatory five (5) Members to the Town’s Board of Ethics (Members), and WHEREAS, the Town Board wishes to authorize the reappointment of two of these Members whose terms recently expired, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies, retroactive to the respective terms’ expiration dates, the reappointment of the following members to the Queensbury Ethics Board: 1. Patricia Murray – four (4) year term (term to expire 5/5/24); and 2. Lisa Woititz – four (4) year term (term to expire 5/5/24); and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Clerk to take any and all actions to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2020, by the following vote: AYES : Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT : None 5.0 CORRESPONDENCE DEPUTY CLERK O’BRIEN-Letter received from Helene and Scott Dubin, dated August 24, 2020, 11 Sunset Lane, Assembly Point regarding installation of marked crosswalk at the intersection of Assembly Point and Sunset Lane. (On file Town Clerk’s Office) Supervisor Monthly Report –Community Development and Building & Codes for the month of August. (On file in Town Clerk’s Office) 6.0 PRIVILEGE OF THE FLOOR (LIMIT -4 MINUTES) REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 92 PAUL PRICE, 59 WAVERLY PLACE-Spoke to the Board regarding his recent health scare noting his concern with the response time due to the boundary lines for the Emergency Rescue Squads. Presented to the Board a petition from residents in Waverly Place for an EMS Map adjustment. (Petition on file in Town Clerk’s Office) TIM MCNULTY, QUEENSBURY-Spoke to the Board regarding the Board’s approach to the reduction in tax revenue for this year. Questioned how the Board is going to approach the anticipated loss in revenue from the taxes this year. JOHN SZEMANSCO, QUEENSBURY-Spoke to the Board regarding the Short-Term Rental Law noting as the Town moves forward that we do not forget we are a travel destination and we want to maintain that and we want to keep up with the trends. 7.0 TOWN BOARD DISCUSSIONS COUNCILWOMAN MAGEE (WARD IV)  I want to commend Queensbury School District on the opening of School last week. I witnessed the management of the cars and students; it was both structured and compassionate.  Spoke regarding the defacing of political signs for all Parties. I think we are a better community than that. I am hoping that people will stop that and understand that people have cameras and are capturing what is happening. Let us be as good as we can be. COUNCILMAN FERONE (WARD III)  New York State has a climate week September 21st-27th 2020. They are asking people to go car free for one day during that week.  Chamber of Commerce put out an open letter to the Governor regarding the State and its fiscal crisis. We are reminding the Governor we are all under the gun in terms of COVID and revenues being down. COUNCILMAN FREER (WARD II)  Attended a Bay Road-Quaker Road County Zoom Meeting regarding replacing the Bridge over Halfway Brook just north of Quaker on Bay this will occur the summer of 2022.  Glad Mr. Price is here with us and that he has a full and speedy recovery.  My wife, daughter, and granddaughters are out in Oregon. Please keep the West Coast fires and the South Hurricanes in our thoughts and prayers. COUNCILMAN METIVIER (WARD I)  Happy to see progress on our roads. Ridge Road is going to be paved this week.  Queensbury School did a phenomenal job on the opening of school. SUPERVISOR STROUGH  Read statement from Receiver of Taxes, Caroline Barber regarding September School Tax payments and the options residents have in regard to paying them.  Spoke regarding the wording on a few Political Signs in the Town.  Spoke regarding the Property Transfer Law. Thanked Dave Hatin, Director of Building and Codes for all his efforts.  The Fund for Lake George is working on the Hemlock Wooly Adelgid noting this is north of Queensbury the east side of Lake George in the Town of Fort Ann and Dresden they asking for the Town’s support.  Spoke regarding the Town’s EV Stations. There are two at the Town. Two at Hovey Pond Park. Two at Exit 18 at the Visitor’s Station.  The Town has Wi-Fi. If you live in an area that does not have strong Wi-Fi, you can come to the Town and park in the parking lot at the Activity Center. We have activated our Wi-Fi for a drive-up no password kind of thing. It is very protected and isolated.  Spoke regarding the new Town of Queensbury Road Safety Committee. Councilman Ferone is the Chairman of the Committee. It will include the Warren County Sheriff’s Department, Highway Department and citizens who will be working with Councilman Ferone.  Short Term Rental Law noting any letters received regarding this matter Dave Hatin should be notified.  Warren County DPW will have a public comment period regarding County Route 63, which is Oxbow Hill Road and Moon Hill Road. You can go to publicinfo@warrencountydpw.com or mail them at Warren County DPW, 4028 Main Street, Warrensburg, New York  Dave Wick from the Lake George Park Commission - 2020 Asian Claim Lake Wide Survey Final rd Report issued on September 3, 2020 REGULAR TOWN BOARD MEETING 09-14-2020, MTG#27 93  Spoke regarding Queensbury Parks and Recreation new added mountain bike trail to Rush Pond Park noting the Gurney Lane Trails were ranked number one in the State. We are working with the Town of Lake George to develop French Mountain Reserve, which are some trails on the side of French Mountain. The Town of Queensbury owns the top part and the Town of Lake George owns the bottom part noting the Lake George Land Conservancy helped make this happen.  Spoke regarding the noise from fireworks going off in the area noting some counties are prohibiting them noted this is something we might want to think about.  Thanked Look TV and Pepe Productions and sponsors Storedtech. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 309, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 14 day of September, 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 DEPUTY TOWN CLERK II KAREN O’BRIEN