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02-22-2021 MTG #8 Regular Town Board Meeting, 02-22-2021, MTG # 8 434 REGULAR TOWN BOARD MEETING VIA ZOOM MTG #8 ND FEBRUARY 22, 2021 RES. #76-83 7:00P.M. B.H. #9-11 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL ROBERT HAFNER, ESQ. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM MCNULTY SUPERVISOR STROUGH called meeting to order…. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 77, 2021 INTRODUCED BY: Mr. Tim McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. nd Duly adopted this 22 day of February, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None CONTINUATION OF PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN AND MARY JO SABIA SUPERVISOR STROUGH-Alright, this is a carry through. They had asked for a sewage disposal variance, variances and we asked them to come up with a little bit better plan. The current plan that is on Glen Lake was, we weren’t comfortable with it so we’ll see what they come back with. The second item on the Local Board of Health agenda Caroline? TOWN CLERK BARBER-So we’re going to leave that public hearing open John? SUPERVISOR STROUGH-Yes, we’re just going to leave that public hearing open. TOWN CLERK BARBER-Okay. SUPERVISOR STROUGH-Well wait a minute. Is there anyone here that wishes to speak to the Sabia? There is nothing new. Raise your little blue hand or type in a question. COUNCILMAN FREER-So John you haven’t heard anything from any of their agents yet? SUPERVISOR STROUGH-No, nothing. Alright, no interest in that either. NO ACTION TAKEN- PUBLIC HEARING LEFT OPEN Regular Town Board Meeting, 02-22-2021, MTG # 8 435 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF LINDA AND RAYMOND SHIRVELL RESOLUTION NO.: BOH 9, 2021 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, Linda and Raymond Shirvell (Applicants) have applied to the Local Board of Health for variances from Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks as the Applicants wish to install two (2) 1,750 gallon septic holding tanks for a total of 3,500 gallons of capacity in lieu of a sewage disposal system on a vacant lot for construction of a new single family dwelling on property situated at 31 Assembly Point 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, March 8, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Linda and Raymond Shirvell’s sewage disposal variance application concerning property located at 31 Assembly Point Road in the Town of Queensbury (Tax Map No.: 239.12-2-9) 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. nd Duly adopted this 22 day of February, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF 330 CLEVERDALE ROAD TRUST, GERALD L. CONWAY, JR., TRUSTEE AND JILL A. CONWAY, TRUSTEE Regular Town Board Meeting, 02-22-2021, MTG # 8 436 RESOLUTION NO.: BOH 10, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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, the 330 Cleverdale Trust, Gerald L. Conway, Jr., Trustee and Jill A. Conway, Trustee (Applicant) has applied to the Local Board of Health for variances from Chapter 136 to install a: 1. Pump Station 26’6” from Lake George in lieu of the required 50’ setback; 2. Pump Station 5’ from the dwelling in lieu of the required 10’ setback; and 3. Septic Tank 6’3” from the property line in lieu of the required 10’ setback; on property located at 330 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, March 8, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the 330 Cleverdale Trust, Gerald L. Conway, Jr., Trustee and Jill A. Conway, Trustee’s sewage disposal variance application concerning property located at 330 Cleverdale Road in the Town of Queensbury (Tax Map No.: 226.12-1-76) 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. nd Duly adopted this 22 day of February, 2021, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 11, 2021 INTRODUCED BY: Mr. George Ferone Regular Town Board Meeting, 02-22-2021, MTG # 8 437 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim McNulty RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. nd Duly adopted this 22 day of February, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN) NO PUBLIC COMMENT 3.0 RESOLUTIONS RESOLUTION AUTHORIZING CEMETERY COMMISSION’S ACCEPTANCE OF $5,000 BEQUEST FROM THE ESTATE OF JUDGE JOHN AUSTIN RESOLUTION NO.: 77, 2021 INTRODUCED BY: Mr. Tim McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Estate of Judge John Austin has bequeathed $5,000 to the Town of Queensbury Cemetery Commission toward the Town’s upkeep of the Sunnyside Cemetery, and more specifically, toward the restoration of worn or damaged headstones, and WHEREAS, the Town Board is honored by this specific bequest, feels that it will benefit Town residents and therefore wishes to approve and authorize its acceptance, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the specific bequest of $5,000 from the Estate of Judge John Austin to the Town’s Cemetery Commission toward the Town’s upkeep of the Sunnyside Cemetery, and more specifically, toward the restoration of worn or damaged headstones, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Cemetery Superintendent to execute any needed documentation to accept such bequest and send a certified copy of this Resolution to the Estate of Judge John Austin with a letter thanking the Estate, Regular Town Board Meeting, 02-22-2021, MTG # 8 438 and further directs the Town Supervisor, Town Cemetery Superintendent and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of February, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR TEMPORARY WATER PIPE, ASSOCIATED FITTINGS AND SERVICE CONNECTIONS RELATED TO RIDGE ROAD WATER MAIN REHABILITATION AND LINING PROJECT RESOLUTION NO.: 78, 2021 INTRODUCED BY: Mr. Tim McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, by prior Resolution the Town Board authorized the District’s rehabilitation of certain existing water main along Route 9L/Ridge Road between Route 254/Quaker Road and Cronin Road (Project) in accordance with Town Law §202-b, and WHEREAS, the Town Water Superintendent has requested Town Board authorization to advertise for bids for temporary water pipe, associated fittings and service connections for necessary temporary water main work required for and related to this Project, 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 as set forth in bidding documents and specifications to be prepared by the Water Superintendent and/or Town Purchasing Agent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to post and publish an advertisement for bids for temporary water pipe, associated fittings and service connections for necessary temporary water main work required for and related to the Ridge Road Water Main Rehabilitation Project and receive all bids, and BE IT FURTHER, Regular Town Board Meeting, 02-22-2021, MTG # 8 439 RESOLVED, that the Town Board further authorizes and directs the Town’s Purchasing Agent to open all received bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Purchasing Agent and/or the Town Budget Officer to take any and all actions necessary to effectuate all terms of this Resolution. nd Duly adopted this 22 day of February, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION APPROVING YEAR 2020 SERVICE AWARD PROGRAM RECORDS FOR EMERGENCY MEDICAL SQUADS RESOLUTION NO.: 79, 2021 INTRODUCED BY: Mr. Tim McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board previously authorized engagement of PENFLEX, Inc., to provide the 2020 Standard Year End Administration Services for the Town’s Volunteer Fire Companies and Volunteer Ambulance Workers Service Award Programs, and WHEREAS, as part of the Service Award Program(s), it is necessary that the Town Board approve the Fire Companies’ and Emergency Squads’ Year 2020 Service Award Program Records, and WHEREAS, the Town Supervisor’s Office has received and reviewed the records from each of the Town’s three (3) Emergency Squads and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2020 Volunteer Ambulance Worker Service Award Program Records for each of the Town’s three (3) Emergency Squads, and Regular Town Board Meeting, 02-22-2021, MTG # 8 440 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Assistant and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of February, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF NIKOLAS LOVETT AS FULL-TIME LABORER FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 80, 2021 INTRODUCED BY: Mr. Tim McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury’s Water Superintendent has advised the Queensbury Town Board that there is currently a vacancy in a full-time Laborer position in the Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Water Superintendent posted availability for the position, and WHEREAS the Water Superintendent reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the hiring of Nikolas Lovett as a full-time Laborer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Nikolas Lovett as a full-time Laborer in the Town’s Water Department effective on or about February rd 23, 2021 contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and subject to Mr. Lovett’s successful passing of a pre-employment physical as required by Town Policy and successful completion of a twenty-six (26) week probationary period, and BE IT FURTHER, RESOLVED, that Mr. Lovett shall be paid the hourly rate of pay for the Laborer position as delineated in the Town’s current Agreement with the Civil Service Employees Association, and Regular Town Board Meeting, 02-22-2021, MTG # 8 441 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. nd Duly adopted this 22 day of February, 2021 by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF MARCH 2021 TOWN OF QUEENSBURY COVID-19 PANDEMIC RESPONSE PLAN RESOLUTION NO.: 81, 2021 INTRODUCED BY: Mr. Tim McNulty 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 previous Resolution the Town Board authorized adoption of its Plan and authorized the Town Supervisor to make modifications as he determined necessary as further information became known, with the Town Board to later have the ability to approve or disapprove an updated, revised Plan, and by subsequent Resolutions 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 for March 2021 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes adoption of the March 2021 COVID-19 Pandemic Response Plan (Plan) in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor, if necessary, to make modifications to the Plan as he determines that in his discretion are necessary as the Regular Town Board Meeting, 02-22-2021, MTG # 8 442 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. nd Duly adopted this 22 day of February, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT: 02232021 RESOLUTION NO.: 82, 2021 INTRODUCED BY: Mr. Tim McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 02232021 with a run date of 02/18/2021 and a payment date of 02/23/2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 02232021 with a run date of 02/18/2021 and a payment date of 02/23/2021 totaling $527,725.69, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of February, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None Regular Town Board Meeting, 02-22-2021, MTG # 8 443 3.0 CORRESPONDENCE TOWN CLERK BARBER- Supervisor’s Monthly Report for Community Development, Building & Codes for January 2021 is on file in Town Clerk’s Office. 4.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) NO PUBLIC COMMENT 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY – WARD IV  Referred to correspondence from a Ward 4 resident about having some work done at the corner of Corinth and West Mountain Road and noted that he will follow up with her. COUNCILMAN METIVIER – WARD I (NOTHING TO REPORT)  Spoke regarding all of the use and activity going on at the new Halfway Brook Trail new Potter Road. COUNCILMAN FREER – WARD III  Referred to lodging data that John shared that he found interesting, and was happy to see the County moving forward with that. Noted that Vermont has announced that if you have had your shots and can prove it, you will be allowed in and able to ski at the resorts. TOWN SUPERVISOR STROUGH  Received correspondence from a resident thanking the Town for taking down the eyesore on Bay Road.  Thanked all for attending the meeting tonight. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 83, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. nd Duly adopted this 22 day of February, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY