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04-05-2021 MTG #12 REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 500 REGULAR TOWN BOARD MEETING MTG #12 TH APRIL 5, 2021 RES. 114-131 7:00P.M. B.H. #15-17 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER (VIA ZOOM) COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY (VIA ZOOM) TOWN COUNSEL MARK SCHACHNER, ESQ. (VIA ZOOM) PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH SUPERVISOR STROUGH-Called meeting to order…. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 114, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 5 day of April 2021 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: None RESOLUTION GRANTING JOHN GRAZIANO AN EXTENSION OF TIME TO INSTALL REPLACEMENT WASTEWATER SYSTEM ON PROPERTY LOCATED AT 195 ASSEMBLY POINT ROAD RESOLUTION NO.: BOH 15, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 501 WHEREAS, by Resolution No. 380,2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled “Septic Inspection Upon Property Transfer” which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176,2019, the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47,2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property, and WHEREAS, by letter dated March 26, 2020, Dennis MacElroy, PE, agent for John Graziano, owner of property located at 195 Assembly Point Road, Queensbury has advised that Mr. Graziano received approvals from the Town Building Department for a permit associated with the proposed replacement wastewater system on the property but due to winter weather conditions Mr. Graziano was unable to complete construction of the system within the required six (6) month timeframe, and now Mr. Graziano is also proceeding with a site plan application associated with a garage addition on the property, and WHEREAS, Mr. Graziano wishes to complete these two projects in conjunction with one another and therefore, has requested a timeline extension or until September 30, 2021 to install the replacement wastewater system, and WHEREAS, the Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, as the Town’s Local Board of Health, hereby th authorizes and grants John Graziano additional time or until September 30, 2021 to obtain a certificate of compliance from the Town’s Building and Codes Enforcement Office as set forth in Chapter 137 for installation of a replacement wastewater system on property located at 195 Assembly Point Road, Queensbury and authorizes and directs the Town Supervisor and/or Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution. th Duly adopted this 5 day of April, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 502 NOES: None ABSENT: None RESOLUTION GRANTING CHRIS ABELE AN EXTENSION OF TIME TO INSTALL WASTEWATER AND REPLACEMENT WASTEWATER SYSTEMS ON PROPERTIES LOCATED AT 3 POLK DRIVE AND 10 POLK DRIVE RESOLUTION NO.: BOH 16, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No. 380,2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled “Septic Inspection Upon Property Transfer” which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176,2019, the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47,2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property, and WHEREAS, by letter dated March 29, 2020, Dennis MacElroy, PE, agent for Chris Abele, owner of properties located at 3 Polk Drive and 10 Polk Drive, Queensbury has advised the Town Board concerning the following two properties: 1. 3 Polk Road - Mr. Abele received Site Plan approval from the Town Planning Board for a new house and wastewater system on this property but construction of the wastewater system will not be completed within the required six (6) month timeframe and he will not seek an occupancy certificate for the new house until spring of 2022 so Mr. Abele has requested that the Town Board grant him a timeline extension or until June 1, 2022 to complete installation of the wastewater system and to extend the date on which the $2,000 escrow deposit (that he previously delivered to the Town) shall be automatically forfeited to the Town; and 2. 10 Polk Road - Mr. Abele removed the existing non-compliant and substandard wastewater system on this property but construction of a new wastewater system will not be completed within the required six (6) month timeframe so Mr. Abele has REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 503 requested that the Town Board grant him a timeline extension or until June 30, 2021 to complete installation of the wastewater system and to extend the date on which the $2,000 escrow deposit (that he previously delivered to the Town) shall be automatically forfeited to the Town; and WHEREAS, the Director of Building and Codes Enforcement has recommended Town Board approval of these requested extensions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, as the Town’s Local Board of Health, hereby authorizes and grants Chris Abele additional time to obtain certificates of compliance from the Town’s Building and Codes Enforcement Office for the following two properties as set forth in Chapter 137, until: 1. June 1, 2022 to complete installation of the wastewater system on his property located at 3 Polk Road and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of June 1, 2022; and 2. June 30, 2021 to complete installation of the wastewater system on his property located at 10 Polk Road and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of June 30, 2021; and authorizes and directs the Town Supervisor and/or Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution. th Duly adopted this 5 day of April, 2021, by the following vote: AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 17, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 504 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 5 day of April 2021, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Ferone NOES: None ABSENT: None 2.0 PUBLIC HEARING NOTICE SHOWN PUBLICATION DATE: MARCH 19, 2021 thth SUPERVISOR STROUGH- Alright, we set this public hearing March 8 for tonight April 5. The Bay Ridge Rescue Squad wishes to trade in its year 2013 Ford E-450 ambulance and purchase a 2021 Ford F-350 4x4 Chassis Ambulance at a price not to exceed $199,505. The squad plans on selling the 2013 Ford-E-450 ambulance and using the received funds towards the purchase of the new ambulance. They are going to borrow from Adirondack Trust and to get tax- exempt financing, we are going to hold a public hearing and talk about it and vote on it. Okay, so before I open the public hearing, any Town Board thoughts on this? Alright, seeing none… COUNCILMAN MCNULTY- Do they have a buyer for the old ambulance? SUPERVISOR STROUGH- What’s that, Tim? COUNCILMAN MCNULTY- Do they have a buyer lined up for the old ambulance or do they have to put it up for bid? SUPERVISOR STROUGH- No, Shane’s here and he says no. Connie is on with the attendees but and Mark Schachner but he came on… COUNCILMAN MCNULTY- But they don’t expect any problems with it, the sale? SUPERVISOR STROUGH- No, Shane says no. COUNCILMAN MCNULTY- Okay good, thank you. SUPERVISOR STROUGH- Alright, I will open the public hearing. Anybody on Zoom wish to talk about it. If you are watching us through YouTube, you can call us at this number. I don’t know if it’s showing up but its 761-8225, area code 518 761-8225. I have a phone here. You have to have a caller ID or some ID before I will answer it. But, you can call in a question or share a thought. Shane, did you want to speak to anything at this point? CAPTAIN, SHANE IRWIN- No, I said enough during the last meeting about the ambulance. We definitely need it though. SUPERVISOR STROUGH- Well, I don’t see any little blue hands. Alright, but again this Board speaks for the public when we say we appreciate everything that you do for us. It’s volunteer time and you spend a lot of it. You are so giving, so self-less. I can’t express how much we deeply appreciate what you do for us. Alright, thank you. Not seeing any interest on behalf of the public to speak to this, I will close the public hearing and entertain a motion to authorize Bay Ridge Rescue Squad’s Proposal to purchase ambulance and authorizing incurrence of tax-exempt financing and debt for such purchase. PUBLIC HEARING CLOSED REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 505 RESOLUTION AUTHORIZING BAY RIDGE RESCUE SQUAD, INC.’S PROPOSAL TO PURCHASE AMBULANCE AND AUTHORIZING INCURRENCE OF TAX-EXEMPT FINANCING/ DEBT FOR SUCH PURCHASE RESOLUTION NO.: 115, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, in accordance with New York State Public Health Law Article 30, the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) have entered into an Agreement for general emergency ambulance services within the Town, which Agreement sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has advised the Town Board that it wishes to trade-in its year 2013 Ford E-450 ambulance and purchase a 2021 Ford F-350 4x4 Chassis Ambulance at a purchase price not to exceed $199,505, and WHEREAS, the Squad plans on selling the 2013 Ford E-450 ambulance being replaced and using received funds toward the purchase of the new ambulance, and WHEREAS, the Ambulance will be owned and used by the Squad to provide general emergency ambulance services to the Town and maintained at the Squad’s building located at 1109 Ridge Road in the Town of Queensbury, New York, and WHEREAS, the Squad plans on paying for the proposed, new Ambulance by using: 1. $ 50,000 – approximate cash down payment; and 2. $150,000 maximum amount of tax-exempt financing with the Adirondack Trust Company; and WHEREAS, Town Board approval of this proposed purchase is required by the Squad’s Agreement with the Town, and the proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 506 th WHEREAS, on Monday, April 5, 2021, the Town Board held a public hearing concerning the Squad’s proposed purchase and tax-exempt financing as required by the Squad’s Agreement with the Town and the Internal Revenue Code and heard all interested persons, and WHEREAS, the Town Board believes that this new Ambulance will provide additional safety protection for the Town and also believes it to be necessary, financially beneficial and in the public interest to consider such financing, and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Ambulance purchase and the Squad’s corresponding incurrence of tax-exempt debt and financing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge Rescue Squad, Inc.’s proposal to purchase a 2021 Ford F-350 4x4 Chassis Ambulance as set forth in the preambles of this Resolution for an amount not to exceed $199,505, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Squad’s incurrence of approximately $150,000 maximum amount in debt for such purchase with the understanding that the Town Board is relying upon the Squad’s assurance that the Ambulance is serviceable and suitable for its long-term intended use, and approves of the tax-exempt financing with the Adirondack Trust Company for the purpose of purchasing the new Ambulance and associated equipment, with such tax-exempt financing having a ten (10) year term, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Squad 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 any actions necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 507 th Duly adopted this 5 day of April, 2021 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 3.0 HEARING SUPERVISOR STROUGH- Explained this property is located at 377 Corinth Road. The present use of the property and the distance from the improvement to the end of the sewer pipe line th would make a tie-in prohibited as set forth in the March 5, 2021 application presented at the nd March 22 Board Meeting. There’s just a single house on this property and they are still going to be paying operation and maintenance costs. NEIL LEBOWITZ- Introduced himself as the owner/agent of the property. RESOLUTION APPROVING HALCYON PROPERTIES, INC.’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 116, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Halcyon Properties, Inc., (Applicant) applied to the Town Board for a variance/waiver from Town Code §136-44.1 for an exemption from the Town’s connection requirements to connect its property located at 377 Corinth Road, Queensbury to the West Queensbury Sanitary Sewer District, as application states that the present use of the property and the distance from the improvement to the end of the sewer pipeline would make a tie-in cost prohibitive, as set forth in the March 5, 2021 application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the th Town Board conducted a hearing concerning the variance/waiver request on Monday, April 5, 2021, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 508 RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on Halcyon Properties, Inc.; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Halcyon Properties, Inc. (Applicant)’s application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 “Connection to sewers required” and hereby grants Applicant a two (2) year extension of time or until th April 5, 2023 from the requirement to connect its property located at 377 Corinth Road, Queensbury (Tax Map No.: 308.16-2-14) to the Town of Queensbury’s West Queensbury Sanitary Sewer District, and in the meantime if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board reviews and approves a new application for a variance/waiver, and furthermore, if the septic system has been determined to fail or is modified by the Applicant, or if ownership of the property is transferred, then the variance is terminated as well and the property must connect to the West Queensbury Sanitary Sewer District, and BE IT FURTHER, RESOLVED, that Applicant shall pay all charges due as if its property was connected to the West Queensbury Sanitary Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2021 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: None 4.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN.) NO PUBLIC COMMENT REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 509 5.0 RESOLUTIONS *DISCUSSION HELD BEFORE VOTE: COUNCILMAN METIVIER- Disclosed that he no longer works for Glens Falls National Bank and questioned whether he can vote on this Resolution. SUPERVISOR STROUGH- Explained that he can. RESOLUTION AUTHORIZING CONTRACTS FOR EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH EMPIRE BLUE CROSS BLUE STTH SHIELD EFFECTIVE JULY 1, 2021 – JUNE 30, 2022 AND STRD BLUE VIEW VISION EFFECTIVE JULY 1, 2021 – JUNE 23, 2023 RESOLUTION NO.: 117, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury previously entered into agreements for employee group health insurance plans with Empire Blue Cross Blue Shield and Blue View Vision, and WHEREAS, the Town Board, in conjunction with Upstate Agency, LLC, has negotiated renewal contracts for the employee group health insurance plans with Empire Blue Cross Blue Shield and Blue View Vision, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal contracts for employee group health insurance plans with Empire Blue Cross Blue Shield and Blue View Vision with the monthly premiums and contract expiration dates as follows: INDIVIDUAL TWO- FAMILY EXPIRATION PARTY DATE 961.68 2809.38 2809.38 06/30/2022 PPO 887.30 2592.06 2592.06 06/30/2022 EPO 4.06 7.71 11.83 06/30/2023 VISION and BE IT FURTHER, RESOLVED, that in the event that surcharges or fees are mandated or imposed on the Town’s health insurance policies that are beyond the Town’s control, resulting rate changes may REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 510 be passed on to all employees without further Town Board Resolution, although the Town will provide notice of any such rate changes to all employees and retirees, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOE: None ABSENT: None RESOLUTION ESTABLISHING POSITION OF WASTEWATER MAINTENANCE SUPERVISOR AND PROMOTING MATTHEW BEAROR TO SUCH POSITION RESOLUTION NO.: 118, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, upon the recommendation of the Town of Queensbury’s Wastewater Director/Water Superintendent, the Town Board wishes to establish the full-time position of Wastewater Maintenance Supervisor in the Town’s Wastewater Department, and WHEREAS, the Warren County Department Personnel and Civil Service has reviewed the proposed job duties for the position and has determined that Wastewater Maintenance Supervisor is the most appropriate title for the position, and WHEREAS, the Town Board and the Town’s Unit of the Civil Service Employees Association, Inc. (CSEA) have agreed that this new position shall be an hourly position to be included in the Town’s CSEA Bargaining Unit, and REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 511 WHEREAS, the Wastewater Director/Water Superintendent has advised that he has posted the new position through March 25, 2021 and Matthew Bearor, Working Supervisor, has the required job experience and therefore the Wastewater Director/Water Superintendent has recommended the promotion of Mr. Bearor to Wastewater Maintenance Supervisor on a provisional basis until such time as Mr. Bearor meets all Civil Service requirements for the position, and WHEREAS, the Town Board wishes to establish the position and authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby establishes the hourly position of Wastewater Maintenance Supervisor in the Town’s Wastewater Department, such position to be included in the Town’s Civil Service Employees Association, Inc. (CSEA) Bargaining Unit and added to the Union Contract at the next Contract opening, and BE IT FURTHER, RESOLVED, that the Town Board further establishes the 2021 hourly rate for the position in the Town’s Agreement with the Civil Service Employees Association at $26.97, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the promotion of Matthew Bearor from Working Supervisor to the position of Wastewater Maintenance Supervisor effective th April 6, 2021 on a provisional basis until such time as Mr. Bearor meets all Civil Service requirements 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 Wastewater Director/Water Superintendent, Town Supervisor and/or Town Budget Officer to complete and file REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 512 any documentation needed to establish this position and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES TO PROVIDE PROFESSIONAL ENGINEERING SERVICES TO COMPLETE WATERCAD MODEL UPDATES FOR TOWN- WIDE WATER DISTRIBUTION SYSTEM RESOLUTION NO.: 119, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to engage the professional engineering services of C.T. Male Associates to include the completion of WaterCAD model updates for the Town-wide water distribution system for the amount of $16,800 as delineated in C.T. Male Associates’ proposal dated March 23, 2021 presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates to including the completion of WaterCAD model updates for the Town-wide water distribution system for the amount of $16,800 as delineated in C.T. Male Associates’ proposal dated March 23, 2021 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that such services shall be paid for from Engineering Account No.: 001-1440- 4720-009, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 513 RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer of $16,800 from Undesignated, Unassigned General Fund Balance Account No.: 001-0000-0909 to Engineering Account No.: 001-1440-4720-009, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed agreement and/or any necessary documentation and the Town Supervisor, Water Superintendent and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None *DISCUSSION HELD BEFORE VOTE: COUNCILMAN MCNULTY- On behalf of the Board, wanted to express appreciation to all of the EMS Companies for responding to our questions with regards to this Resolution. RESOLUTION AMENDING TOWN OF QUEENSBURY VOLUNTEER FIREFIGHTER AND EMERGENCY SQUAD SERVICE AWARD PROGRAM POINT SYSTEMS FOR PERIOD OF MARCH, 2020 – DECEMBER 2020 WHEN SPECIAL RESPONSE RULES WERE IN EFFECT DURING COVID-19 PANDEMIC OF 2020 RESOLUTION NO.: 120, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, as authorized by Articles 11-A and 11-AA of the New York State General Municipal Law the Queensbury Town Board established Service Award Programs for volunteer members of the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., (Fire Companies) and Bay Ridge, West Glens Falls and North Queensbury Rescue Squads (Squads), respectively, and REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 514 WHEREAS, active volunteer members of the Fire Companies and Squads earn Service Award Program service credit under the Service Award Program Point Systems adopted by the Town Board, and WHEREAS, in response to the outbreak of Novel Coronavirus, COVID-19, New York State Governor Andrew Cuomo declared a STATE DISASTER EMERGENCY and issued EXECUTIVE ORDER 202 OF 2020 and in response to the STATE DISASTER EMERGENCY New York State towns, villages, cities and/or their volunteer fire company and/or ambulance company officials adopted Special Response Rules restricting volunteer fire and ambulance company members responses to emergency responses and/or restricting the holding of activities for which points could be earned by volunteers during the STATE DISASTER EMERGENCY, and WHEREAS, the adoption of the Special Response Rules has affected the ability of active volunteer fire company and ambulance company members to earn points in Service Award Programs, and WHEREAS, in recognition of the negative effect these Special Response Rules has on the ability of active volunteer fire company and ambulance company members to earn service credit during 2020 under Service Award Program point systems, New York State legislators and Governor Andrew Cuomo enacted legislation intended to prevent active volunteer company members who would have earned service award program service credit during 2020 from failing to earn a year of service award program service credit during 2020 due to the adoption of Special Response Rules, and WHEREAS, this legislation, Chapter 113 of 2020 of the Laws of the State of New York, authorizes the Town Board to adopt a Resolution to amend the Fire Companies’ and Squads’ Service Award Program point systems by adding a new category to the point systems under which up to five (5) points per month (prorated for periods of less than one month) may be awarded to active volunteer members of the Fire Companies and Squads during the period when the Special Response Rules are in in effect, and WHEREAS, should the Town Board elect to adopt such a Resolution, Chapter 113 of the Laws of 2020 of the State of New York provides that the adoption of such Resolution does not require approval of Town of Queensbury residents at a Town election, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 515 RESOLVED, that by adopting this Resolution, the Queensbury Town Board adds the following new category to the Town of Queensbury Volunteer Firefighter and Emergency Squad’s Service Award Program Point Systems: COVID-19 Pandemic of 2020 As a result of the COVID-19 Pandemic of 2020, the Town Board of the Town of Queensbury and the governing board of the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., and Bay Ridge, West Glens Falls and North Queensbury Rescue Squads adopted Special Response Rules under which the activities for which active volunteer members of the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., and Bay Ridge, West Glens Falls and North Queensbury’s Rescue Squads could earn points under the Service Award Program point system were reduced and/or restricted effective as of March, 2020. Such reduction/restriction in activities will continue until the effective date the Special Response Rules are rescinded and all volunteer firefighter and ambulance company members’ activities restored and restrictions on such activities removed by the Town Board and the governing board of the Town of Queensbury Fire Companies and Rescue Squads. From the effective date of the adoption of the Special Response Rules to the end of December 31, 2020, all active volunteer members of the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., and Bay Ridge, West Glens Falls and North Queensbury Rescue Squad’s shall be awarded two (2) points per month with such number of points prorated for periods of less than a complete month (for a maximum of 20 points for the time period of March 2020 – December 2020). In no event shall points be awarded to active volunteer members of the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., and Bay Ridge, West Glens Falls and North Queensbury Rescue Squads in accordance with Chapter 113, after January 1, 2021, unless New York State Governor Andrew Cuomo once again extends Executive Order 202 of 2020 and the Town Board adopts a Resolution authorizing it. As soon as administratively feasible after the adoption of this Resolution by the Town Board, active volunteer members of the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 516 Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., and Bay Ridge, West Glens Falls and North Queensbury Rescue Squads shall be given a written Notice of Amendment announcing the adoption of, and including an explanation of, this additional category to the point system. As soon as administratively feasible, after the Town Board and governing board of the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., and Bay Ridge, West Glens Falls and North Queensbury Rescue Squads rescind the Special Response Rules, a second Notice of Amendment shall be given to active volunteer members of the Fire Companies and Squads stating the effective date that the Special Response Rules have been rescinded, and indicating the number of points to be awarded to each active volunteer member during the period when the Special Response Rules were in effect. Since this amendment to the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., and Bay Ridge, West Glens Falls and North Queensbury Rescue Squad’s Service Award Programs points system is intended to prevent active volunteer members who would otherwise have earned service award program credit under the point system during 2020 from failing to earn credit during 2020, the adoption of this Resolution is expected to have little if any effect on the annual cost of the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., and Bay Ridge, West Glens Falls and North Queensbury Rescue Squad’s Service Award Programs. All other provisions of the Volunteer Firefighter and Emergency Squad Service Award Programs shall not change as a result of the adoption of this Resolution and the Programs shall continue to be administered by the Town of Queensbury in accordance with Article 11-A and 11-AA of the New York State General Municipal Law as such laws are amended from time to time. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Town Counsel and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 517 th Duly adopted this 5 day of April, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING UNPAID MEDICAL LEAVE OF ABSENCE FOR WAYNE EASTMAN RESOLUTION NO.: 121, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Wayne Eastman, an employee in the Town of Queensbury Highway Department, is recovering from a serious illness, and WHEREAS, Mr. Eastman has requested Town Board approval to take a 30 day unpaid medical leave of absence as set forth in Warren County Civil Service Rule XIX, and WHEREAS, the Town Highway Superintendent has recommended that the Town Board grant Mr. Eastman such unpaid medical leave with an effective date of March 26, 2021 extending through the earlier of: 1. April 26, 2021; or 2. Certification of his physical qualification for return to work, documented by his physician in form satisfactory to the Town and completion of all components of the required return-to-work physical without restriction; and WHEREAS, in accordance with Warren County Civil Service Rule XIX, Town Board approval is discretionary and necessary before an employee may take such leave, and WHEREAS, the Town Board has carefully considered the circumstances of Mr. Eastman’s request and the recommendation of the Highway Superintendent, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 518 RESOLVED, that the Queensbury Town Board hereby authorizes and grants an up to 30 day unpaid medical leave of absence to Wayne Eastman with an effective date of March 26, 2021 extending through the earlier of: 1. April 26, 2021; or 2. Certification of his physical qualification for return to work, documented by his physician in form satisfactory to the Town and completion of all components of the required return-to-work physical without restriction; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution will not have any impact or create any inference as to any determination of entitlement to Disability or Workers’ Compensation Benefits. th Duly adopted this 5 day of April, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID TO EJ PRESSCOTT, INC. FOR YELLOWMINE PIPING AND FITTINGS RELATED TO RIDGE ROAD WATER MAIN REHABILITATION AND LINING PROJECT RESOLUTION NO.: 122, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 519 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 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, and WHEREAS, by Resolution No.: 78,2021, the Town Board authorized the advertisement for bids for the needed yellow mine piping and fittings, and WHEREAS, on March 30, 2021, the Town Purchasing Agent duly received and publicly opened the one received bid, and WHEREAS, the Water Superintendent and Purchasing Agent have recommended that the Town Board award the bid to EJ Prescott, Inc., the only and therefore lowest, responsible bidder for an amount not to exceed $26,467.87, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for yellow mine piping and fitting for the Ridge Road Water Main Rehabilitation and Lining Project from the only and therefore lowest, responsible bidder, EJ Prescott, Inc., for an amount not to exceed $26,467.87 to be paid for from Capital Construction Account No.: 225-8540-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed agreement and/or documentation and the Town Supervisor, Purchasing Agent, Water Superintendent, Town Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2021, by the following vote: REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 520 AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PROPERTY ASSESSMENT CASES FILED BY NCA OF QU REAL ESTATE HOLDINGS, LLC RESOLUTION NO.: 123, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, NCA of QU Real Estate Holdings, LLC (“Petitioner”), filed Article 7 Real Property Assessment Review cases against the Town challenging the 2017, 2018, 2019 and 2020 assessments on real property located at 6 Willowbrook Road, Queensbury, New York (Tax Map Parcel #296.12-1-30), and WHEREAS, it appears to be in the best interests of the Town to avoid the significant costs that would result if the litigation continues and goes to trial, and WHEREAS, the Town Assessor now recommends proposed settlement terms which have been negotiated with Petitioner, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the proposed settlement of the tax assessment cases filed by NCA of QU Real Estate Holdings, LLC for assessment years 2017, 2018, 2019 and 2020 as follows: 1) The 2017 and 2018 Proceedings shall be discontinued without reduction of the assessments or refunds; and 2) The 2019 and 2020 assessments shall be reduced as follows: Assessment Assessed Value Reduced Reduction Year Assessed Value Amount REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 521 2019 $842,000 $805,050 ($36,950) 2020 $842,000 $796,105 ($45,895) 3) Refunds shall be paid based on the 2019 and 2020 assessment reductions and shall be paid without interest provided they are paid within sixty (60) days after Petitioner serves a copy of the filed Court Order approving the settlement; and 4) The assessed value for Tax Map Parcel #296.12-1-30 shall be fixed at $796,105 for the 2021, 2022 and 2023 Assessment Rolls pursuant to Real Property Tax Law Section 727; and BE IT FURTHER, RESOLVED, that approval of this settlement agreement is contingent upon Town Counsel’s review and approval of the Stipulation of Settlement and Order, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Clerk and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 5 day of April, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None *DISCUSSION HELD BEFORE VOTE: COUNCILMAN FERONE- The budgeting software is a great idea but noted that there is a three percent annual increase in that subscription unless after that initial service period we negotiate a multi-year service order. Suggested that if Barbara really likes it she should put in on her calendar 60 days before the end of this contract to see if we can enter into a multi-year contract. REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 522 RESOLUTION AUTHORIZING ENGAGEMENT OF CLEARGOV FOR PROFESSIONAL SERVICES RELATED TO IMPLEMENTATION OF DIGITAL BUDGET BOOK SOFTWARE RESOLUTION NO.: 124, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, at the recommendation of the Town Budget Officer, the Queensbury Town Board wishes to authorize engagement of ClearGov for professional services related to implementation of the Digital Budget Book software for a sum not to exceed $1,800 for setup/implementation services and $7,400 annually for subscription and support services in accordance with ClearGov’s Mar 26, 2021 Service Order presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of ClearGov for professional services related to implementation of the Digital Budget Book software for a sum not to exceed $1,800 for setup/implementation services and $7,400 annually for subscription and support services in accordance with ClearGov’s Mar 26, 2021 Service Order substantially in the form presented at this meeting, to be paid from such account(s) 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 Service Order 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 5 day of April, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF ROBERT LAMARQUE AS PART-TIME LABORER FOR TOWN TRANSFER STATIONS REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 523 RESOLUTION NO.: 125, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury Transfer Stations maintain a roster of part-time employees who work on an on-call basis when needed and funds for such positions have been budgeted for in the Town Budget, and WHEREAS, the Transfer Station Supervisor has recommended that the Queensbury Town Board authorize the hiring of Robert LaMarque as a part-time Laborer to work on an “on-call” basis at the Town Transfer Stations, not to exceed 20 hours a week, to replace a current employee who is resigning his position, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives and Mr. LaMarque is the son of Victoria LaMarque, Executive Assistant to Town Supervisor, WHEREAS, the Town Board wishes to hire Mr. LaMarque as a part-time Laborer to work on an “on-call” basis at the Town Transfer Stations, not to exceed 20 hours a week, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Robert LaMarque as a part-time Laborer on an on-call basis, not to exceed 20 hours per week, th commencing on or about April 6, 2021, subject to the Town successfully completing a pre- employment physical and background checks, including drug and/or alcohol screenings, as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that such Part-Time Laborer shall be paid $15.76 per hour as set forth in Town Board Resolution No.: 33,2021 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Transfer Station Supervisor and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 524 th Duly adopted this 5 day of April, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM UNDESIGNATED GENERAL FUND BALANCE TO REPLENISH CAPITAL RESERVE #64 RESOLUTION NO.: 126, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 400,2015, in order to comply with the requirements of Governmental Accounting Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund Definitions (GASB54), the Queensbury Town Board adopted a Fund Balance Policy, and WHEREAS, in accordance with such Fund Balance Policy, the Town Budget Officer has recommended that the Town Board transfer $1,500,000 from the Town’s undesignated, unassigned General Fund’s Fund Balance to Capital Reserve No. 64 in order to fund future capital projects, and WHEREAS, the Town Board therefore wishes to authorize the Town Budget Officer to replenish Capital Reserve No. 64 by appropriating $1,500,000 of undesignated, unassigned Fund Balance from the General Fund and transfer such amount to the Capital Reserve No. 64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes and directs the Town Budget Officer to transfer $1,500,000 from the Town’s General Fund undesignated, unassigned Fund Balance to the Capital Reserve No. 64 and make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish appropriations and estimated revenues and take all other actions necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 525 th Duly adopted this 5 day of April, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION TO AMEND 2021 TOWN BUDGET RESOLUTION NO.: 127, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2021 Town Budget as follows: 2020 To Code Appropriation Code Appropriation $ 001-1990-Salaries 1010 Contingency 001-1620-1010 Salaries 850 001-1990- Salaries 1010 Contingency 001-5010-1010 Salaries 1,680 2021 002-0000-002-8810-4800- 0909 Fund Balance 8811 Crematory Repairs 6,400 037-0000-Fund Balance 037-8110-4132 Legal Fees 1,850 0909 040-9060-Health Insurance 040-8310-4900 Admin Fees 6,500 8060 REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 526 th Duly adopted this 5 day of April, 2021 by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT: 04062021 RESOLUTION NO.: 128, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 04062021 with a run date of 04/01/2021 and a payment date of 04/06/2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 04062021 with a run date of 04/01/2021 and a payment date of 04/06/2021 totaling $853,018.42, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None *DISCUSSION HELD BEFORE VOTE: REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 527 TOWN COUNSEL, MARK SCHACHNER- Pointed out that if Councilman Metivier was on the interviewing committee his name was omitted from the sixth whereas. Instructed to amend Resolution adding his name. RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES TO COMPLETE GLEN LAKE WATERSHED MANAGEMENT PLAN RESOLUTION NO.: 129, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Glen Lake Watershed Plan (GLWP) was completed in December 1998, and WHEREAS, the GLWP has provided the planning basis for water quality improvements to Glen Lake to date, including the creation of the Glen Lake Aquatic Plant Growth Control District and subsequent efforts to control invasive species, and WHEREAS, the New York State Department of Environmental Conservation has asked the Town to create an updated Watershed Plan to provide information and recommendations to guide future invasive species control and water quality management efforts, and WHEREAS, a Request for Qualifications for creating a Glen Lake Watershed Management Plan (GLWMP) was issued by the Town in March 2020 and two responses were received in April 2020, and WHEREAS, a Request for Proposals for creating the GLWMP was subsequently issued in December 2020, and two (2) responses were received in January, 2021, and WHEREAS, a Committee comprised of Supervisor John Strough, Councilperson Anthony Metivier, Senior Planner Stuart Baker and Glen Lake residents Dave Hodgson, Paul McPhillips and Paul Derby reviewed the proposals and subsequently interviewed both consulting teams, and WHEREAS, the Committee unanimously recommends that the Town Board engage the services of The Chazen Companies for creation of a new GLWMP, and WHEREAS, the Town Board wishes to engage the services of The Chazen Companies to assist in the completion of the GLWMP as delineated in The Chazen Company’s revised proposal dated April 1, 2021 and REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 528 presented at this meeting, for an amount not to exceed Seventy-Seven Thousand Six Hundred Two Dollars ($77,602), said amount being the proposed Chazen fee plus a five-percent (5%) contingency. NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of The Chazen Companies to assist in the completion of the Glen Lake Watershed Management Plan for the Town as delineated in The Chazen Company’s proposal dated April 1, 2021 in substantially the form presented at this meeting for the amount not to exceed Seventy-Seven Thousand Six Hundred Two Dollars ($77,602), said amount being the proposed Chazen fee plus a five-percent (5%) contingency, and such services to be paid for from Engineering Account No.: 001-1440-4720-0051, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such purchase shall be by a transfer of $77,602 from the Undesignated, Unassigned General Fund Balance Account No.: 001-0000-0909 to Engineering Account No.: 001-1440-4720-0051 and the Town Budget Officer shall amend the 2021 Town Budget, make any adjustments, budget amendments, transfers and/or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the GLWMP project shall be overseen by a Project Steering Committee comprised of Supervisor John Strough, Senior Planner Stuart Baker, and Glen Lake residents Dave Hodgson, Paul McPhillips and Paul Derby, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed agreement for services with The Chazen Companies in a form acceptable to the Town Supervisor and/or Town Counsel along with any necessary additional documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Senior Planner and/or Town Budget Officer to take all additional actions necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 529 th Duly adopted this 5 day of April, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF APRIL 2021 TOWN OF QUEENSBURY COVID-19 PANDEMIC RESPONSE PLAN RESOLUTION NO.: 130, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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 April 2021 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes adoption of the April 2021 COVID-19 Pandemic Response Plan (Plan) in substantially the form presented at this meeting, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 530 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 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 5 day of April, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None 6.0 CORRESPONDENCE- NONE 7.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) MIKE & DIANA TRACKEY (Via Zoom)- With regards to the Jenkinsville well water contamination situation, is anyone from the Town actively searching out possible grant funding for clean water solution? SUPERVISOR STROUGH- Explained that the DEC is going to make a presentation at th the next Town Board Meeting on April 19 beginning at 7pm. 8.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I)-  Congratulated Robert Blais on 50 years as Mayor of Lake George. He is a true public servant.  Spoke regarding the well water contamination issue in the Jenkinsville area. Attempting to go door-to-door delivering notifications. It’s been difficult. Is asking for questions/concerns to be put in writing. The Board is working very hard to figure this out. COUNCILMAN FERONE (WARD III)-  Applauds Councilman Metivier for everything he is doing with regards to the well water contamination issue.  Received notification from the Department of Transportation regarding a culvert st repair on Warren Street. Work will start on April 21. Warren Street will probably rdth be closed from April 23 until the 26. REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 531 COUNCILMAN MCNULTY (WARD IV)-  Glad these meetings are live again.  Spoke with someone from EDC on ways to bring more jobs to the area. Will continue to work with EDC and the Chamber on this. COUNCILMAN FREER (WARD II)-  Also spoke regarding the well water contamination issue in the Jenkinsville area. The community outreach is good and citizen involvement and engagement will be imperative for us to figure out the best, most practical solution.  Spoke regarding setting up a Short-Term Rental Committee. We are looking for a few short term rental owners as well as three or four short-term rental community members who have seen issues or challenges with short-term rentals in their neighborhood to serve on an advisory board. Anyone interested should contact him or Councilman McNulty.  The State recently approved legalized recreational marijuana use. The Town has the opportunity to opt out of some of the activities associated with recreational marijuana and so I would like anyone who has input about it to reach out.  Our local Experimental Aircraft Association has been awarded $10,000 scholarship to a teenager age 16-19 to get their private pilot license. This is a great opportunity.  Happy to see Hacker Boat moving into the area. SUPERVISOR STROUGH-  Regarding the recent passing of Keith Shearer (retired Landfill Superintendent and Eugene Ward (Heavy Equipment Operator, Highway Department), requested a moment of silence. Expressed condolences to their families. th  There will be a Zoom Webinar on April 7 from 2- 3:30pm regarding the Clean Air Action Network. This is a free event. You register via cleanairactionnetwork.org.  Thanked Parks and Recreation for their new flyer on the Halfway Brook Trail.  Reviewed the spring yard waste pick-up schedule.  Warren County is hosting their Household Hazardous Waste Day. Waste th collection days will be Saturday, April 24 at the Town of Queensbury Highway th Department and again on Saturday July 24 at the Warren County DPW in Warrensburg from 9am-2pm.  We recently passed a Resolution securing the services of C.T. Male Associates to provide the Town Board and Town residents’ professional environmental services related to the study of the groundwater in the Jenkinsville area. A letter went out to the residents on this. DEC will create and publish a community fact sheet and will be sent to Jenkinsville residents. This fact sheet will also communicate a th public outreach as part of our April 19 Town Board Meeting. An informational presentation by NYS Department of Environmental Conservation and the Department of Health and that will be followed up with Q&A starting at 7:00pm and is expected to last about an hour. Due to COVID, in person attendance is limited, therefore it is recommended to attend via Zoom. Questions and comments can be shared this way. Another Resolution was approved tonight to hire the services of C.T. Associates (who did the original 1999 study) to upgrade and update the study to look at expanding our district northward. Urged anyone who would like updates to share their email with him.  Thanked all who attended tonight’s meeting. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 131, 2021 INTRODUCED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 04-05-2021, MTG#12 532 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 5th day of April 2021, by the following vote: AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I