Loading...
07-26-2021 MTG#24 REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 729 REGULAR TOWN BOARD MEETING MTG#24 TH JULY 26, 2021 RES#248-259 7:00 P.M. B.H.36-37 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL ROBERT HAFNER, ESQ. TOWN OFFICIALS HIGHWAY SUPERINTENDENT, DAVE DUELL PRESS LOOK TV, G. STEPHEN THURSTON PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER SUPERVISOR STROUGH-Called meeting to order…. Public & Town Board Discussion Re; The Marihuana Regulation and Taxation Act (MRTA) Adopted March 2021-Should the Town opt of Retail Dispensation and on-site consumption? If not, what practical and reasonable Local Laws should we adopt to regulate time/place/manner restrictions of dispensation and on-site consumption? Discussion held regarding the Marihuana Regulation and Taxation Act. After final discussion, Board members were in agreement of allowing retail sales and on-site consumption within the Town with restrictions. To be discussed further in a Town Board Workshop. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 248, 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 from session and moves into the Queensbury Board of Health. th Duly adopted this 26 day of July, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION OF HARLEY AND TIA GRIFFITHS PUBLICATION DATE: JULY 16,2021 AGENT ERIK C.F. SANDBLOM, PE – SRA ENGINEERS SUPERVISOR STROUGH-Reviewed application before opening public hearing. Any Town Board member thoughts on this application? Seeing none, I will open the public hearing. Any REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 730 member of the public wish to approve Harley and Tia Griffiths application for Sanitary Sewage Variance as I described for a residence on 209 Cleverdale Road? PUBLIC HEARING OPENED ERIK SANDBLOM, SRA ENGINEERS-I am the Agent representing the applicants. I am just here to answer any questions that the Board may have. SUPERVISOR STROUGH-Thank you. Any questions for Erik? COUNCILMAN FERONE-I would assume that the existing tank is all setup with the appropriate alarms and all of that. MR. SANDBLOM-Yes. We met with Dave Hatin. He has inspected the system himself. It does have for instance selenode values to shut off the water. There are two tanks at two thousand. The way they have it setup when one tank fills that is at fifty percent capacity one alarm goes off. That is when they call the septic hauler to come. They have that additional two thousand gallons of reserve while they wait for the septic hauler to come. Then if the second tank fills that triggers another flood switch, which will shut off the water. It is pretty…safe as far as making sure there are no discharges. COUNCILMAN FERONE-It is a seasonal home? MR. SANDBLOM-Correct. COUNCILMAN FREER-How old is it? MR. SANDBLOM-The house is quite old. COUNCILMAN FREER-The septic system? HARLEY GRIFFITHS-I am Harley Griffiths. My wife, Tia Griffiths is here. We have a couple of people here that can answer any questions. One is the Engineer on the technical side. The other is my wife and brother. COUNCILMAN FREER-How old is the holding tank? MR. SANDBLOM-When were the holding tanks put in? MRS. GRIFFITHS-Thirty years. MR. GRIFFITHS-The house is well over a hundred years old. COUNCILMAN FREER-What is the expected life of a holding tank? MR. SANDBLOM-These are concrete holding tanks with no loads on them whatsoever. I have seen them last like fifty to sixty years. I cannot guarantee that, but it is not uncommon for them to last that long. COUNCILMAN FREER-Is there a way to check to make sure they are not leasing somewhere else? MR. SANDBLOM-Certainly. Just a simple digital inspection at the time of them being pumped it can be done quite easily. MR. GRIFFITHS-The property was just transferred from my mother-in-law my wife’s mother to my wife. Apparently, that triggers a deed change that triggers an inspection. We are prepared for in talking to Dave Hatin in particularly an inspection of the septic and the flow to make sure that is operating properly. That is where Erik comes in. SUPERVISOR STROUGH-Any other questions from the Board? REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 731 COUNCILMAN MCNULTY-Is the variance required before the inspections as part of the inspection process? MR. SANDBLOM-I think that the inspection triggered the deficiency therefore the need for the variance. MR. GRIFFITHS-The house is seasonal. It is never rented. It has been in the family for a hundred years. My wife and I are now beginning to spend more time in it. My mother-in-law died about eighteen months ago. She was the only person there for the last thirty years. Her husband died before that. I am still working so I am not retired. I am not even there all the time myself. We have four adult children. They come holiday’s weekends, Fourth of July, Labor Day. It is an underused property six months of the year. SUPERVISOR STROUGH-Any further questions for the applicant or agent? COUNCILMAN FERONE-No. Thank you. SUPERVISOR STROUGH-Any member of the public wish to speak to this application? Seeing, none, I will close the public hearing. PUBLIC HEARING CLOSED MR. SANDBLOM-Read letter from Dan and Amy Feeney in support of variance. RESOLUTION APPROVING HARLEY AND TIA GRIFFITHS’ APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 36, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Harley and Tia Griffiths (Applicants) filed an application for a variance from a provision of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to maintain an existing sewage disposal system that does not meet today’s current requirements on their property as follows:  Maintain the existing 4,000 gallon holding tank system at their seasonal six bedroom residence instead of installing a 5,000 gallon holding tank system required for a six bedroom residence; on property located at 298 Cleverdale Road 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, July 26, 2021, and REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 732 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 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 Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Harley and Tia Griffiths for a variance from the Sewage Disposal Ordinance to maintain an existing sewage disposal system that does not meet today’s current requirements on their property as follows:  Maintain the existing 4,000 gallon holding tank system at their seasonal six bedroom residence instead of installing a 5,000 gallon holding tank system required of a six bedroom residence; on property located at 298 Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 226.12-1-86, contingent upon the holding tank system always having an alarm for when it reaches one-half (1/2) full and an automatic shut-off when it becomes full, 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, REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 733 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 26 day of July, 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 37, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters into the Town Board of the Town of Queensbury. th Duly adopted this 26 day of July, 2021, by the following vote: AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT:None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT -3 MINUTES) No Comment 3.0 RESOLUTIONS RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK THEATRE FESTIVAL RESOLUTION NO. 249, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 484,2007, the Queensbury 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 Town Board, and WHEREAS, the Town Board wishes to provide funding to the Adirondack Theatre Festival in an amount of $7,500 with occupancy tax revenues received from Warren County and accordingly REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 734 enter into a 2021 Agreement with the Adirondack Theatre Festival for the promotion of numerous performances and events to Town and area residents and visitors, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2021 Agreement between the Town and the Adirondack Theatre Festival and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting, with funding for the Agreement in the sum of $7,500 and to 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 Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows:  Revenue Acct No. –050-0000-51113 Occupancy Tax Revenue $7,500;  Expense Acct. No. – 050-6410-4412 Use of Occupancy Tax $7,500; and BE IT FURTHER, RESOLVED, that such 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 26 day of July, 2021 by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT:None RESOLUTION AUTHORIZING ESTABLISHMENT OF COMPUTER SERVER UPGRADE CAPITAL PROJECT FUND NO.: 240 AND ENGAGEMENT OF STORED TECHNOLOGY SOLUTIONS, INC. RESOLUTION NO.: 250, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to authorize a Server Upgrade Project at the Town and the purchase of the necessary computer servers, related hardware, equipment and software for this Project from Stored Technology Solutions, LLC (StoredTech) for the amount of $23,233.44 in accordance with New York State Contract Pricing, Contract #PM20820, Group #73600 (New York State Contract Pricing) as well as engagement of StoredTech’s professional services related to this Server Upgrade Project for an amount not to exceed $7,125 for a total Project cost of $30,358.44 in accordance with StoredTech’s June 16, 2021 Quote #STSQ14305, and REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 735 WHEREAS, New York State Contract Pricing for the applicable computer equipment totals $27,840.55, and WHEREAS, StoredTech has offered the Town an additional discount from what they agreed to as a preferred authorized Dell Reseller pursuant to New York State Contract Pricing, so the net price they will charge the Town for the computer equipment subject to New York State Contract Pricing will be $21,281.60, for a savings to the Town in the amount of $6,558.95, and WHEREAS, the Town Board wishes to engage StoredTech in accordance with such Quote as such professional services are consistent with StoredTech’s existing provision of information technology services and StoredTech has the skill, expertise and an established familiarity and comfort level with the Town’s building infrastructure, and WHEREAS, the Town Board wishes to establish a Capital Project that will provide for this Project, and WHEREAS, the Town Board also wishes to authorize a up to a five-percent (5%) contingency for the Project in the amount of $1,518, and WHEREAS, the Town Board wishes to authorize a withdrawal and expenditure in the total estimated amount of $31,877 from Capital Reserve No. 64 toward this Project, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Reserve #64 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the Computer Server Upgrade Capital Project (Project) and Capital Project Fund No.: 240 which Fund will establish funding for expenses associated with this Project as described in the preambles of this Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 736 RESOLVED, that the Town Board hereby finds that the withdrawal and expenditures for such Project are expenditures for a specific capital project for which the Capital Reserve Fund #64 was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the purchase of the necessary computer servers, related hardware, equipment and software from Stored Technology Solutions, LLC (StoredTech) for the amount of $23,233.44 in accordance with New York State Contract Pricing, Contract #PM20820, Group #73600, as well as engagement of StoredTech’s professional services related to this Server Upgrade Project for an amount not to exceed $7,125 for a total Project cost of $30,358.44 in accordance with StoredTech’s June 16, 2021 Quote #STSQ14305, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes up to a five-percent (5%) contingency for the Project in the amount of $1,518, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that funding for such Capital Project shall be by a transfer from Capital Reserve Fund #64 in the amount of $31,877 to transfer to Capital Project Fund No.: 240, and BE IT FURTHER, RESOLVED that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary:  Revenue Acct No. – 240-0000-55031 (Interfund Revenue) $31,877;  Expense Acct No. – 240-1680-2031 (Computer Hardware) $31,877;  Increase Appr 001-9950-9030-0064 Transfer to Cap Project $31,877; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2021 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 737 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary Agreements or documentation and the Town Supervisor and/or Town Budget Officer take any and all action necessary to effectuate all 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 26 day of July, 2021, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES:None ABSENT:None RESOLUTION AMENDING TOWN HIGHWAY INVENTORY REGARDING HOLLY LANE RESOLUTION NO.: 251, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Highway Superintendent has advised the Town Board that a certain Town Road known as Holly Lane is misidentified in the Town’s Highway Inventory, and WHEREAS, according to the Highway Superintendent, not only is Holly Lane listed in the Inventory under an incorrect name, but its length as reflected in the Inventory is likewise in error, and WHEREAS, the Highway Superintendent wishes to correct these errors, NOW, THEREFORE, BE IT RESOLVED, that the Town’s Highway Inventory is hereby amended and corrected to replace “Brayton Ln. N.” with “Holly Lane” and to list its length as 837 feet or .159 miles as measured by the Highway Superintendent, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 738 RESOLVED, that the Highway Superintendent and Town Counsel are hereby authorized and directed to take any further Action necessary to update the Town’s Highway Inventory consistent with this Resolution in both the Town’s records and records held by the State Department of Transportation. th Duly adopted this 26 day of July, 2021, by the following vote: AYES : Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO USE TAX-EXEMPT FINANCING FOR THE PURCHASE OF A 2022 PIERCE PUMPER TRUCK RESOLUTION NO.: 252, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury and the South Queensbury 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, or make any improvements that would require the Fire Company to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to purchase a 2022 Pierce Pumper Truck (Vehicle) to replace its 1988 Mack Open Cab Truck for a purchase price not to exceed $353,800, 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 $118,500 maximum amount of tax-exempt financing for a period of 60 months at the interest rate of 2.99% through Glens Falls National Bank and Trust Company, Inc., and WHEREAS, proceeds from the sales of the Fire Company’s replaced apparatus would be placed against the principal of the new, proposed Vehicle, and REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 739 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, the Town Board wishes to set a public hearing concerning the Fire Company’s proposed purchase, as 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 409 Dix Avenue in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning South Queensbury Volunteer Fire Co., Inc.’s proposed Vehicle purchase delineated in the preambles of this Resolution and the financing of such proposed purchase using tax-exempt financing, on rd Monday, August 23, 2021 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least fourteen (14) days prior to the Public Hearing. th Duly adopted this 26 day of July, 2021, by the following vote: AYES : Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT:None RESOLUTION AUTHORIZING NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA) COMMUNITY CAMPAIGNS FOR SOLAR AND ELECTRIC/PLUG-IN-HYBRID VEHICLES – SCOPING DOCUMENT RESOLUTION NO.: 253, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 740 SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 71,2019, the Queensbury Town Board adopted the New York State Climate Smart Communities pledge, and WHEREAS, the New York State Energy Research and Development Authority (NYSERDA) is sponsoring and providing local governments opportunities to earn credits for NYSERDA’S Clean Energy Communities Campaigns for Solar and Electric/Plug-In-Hybrid Vehicles (EV/PHEV), and WHEREAS, the Town Board believes that well-organized, community-scale campaigns can: 1) effectively encourage adoption of new, innovative technologies to generate value and savings for consumers while advancing New York’s clean energy goals; 2) promote program opportunities including community solar, clean heating and cooling and energy efficiency; 3) provide consumers with increased access to clean energy; and 4) bring together groups of potential customers through widespread outreach and education; and WHEREAS, the Town Board therefore wishes to initiate NYSERDA’S Solar and Electric Vehicle Community Campaigns for the Town of Queensbury for 2021 as follows:  Solar Community Campaign Participants will be Town residents and businesses who sign onto renewable energy with a local solar farm through Common Energy. A ten-percent (10%) discount on National Grid electricity using 100% renewable energy (solar energy produced by a local solar farm) will be realized. Participants include: Common Energy and Nexamp  Electric/Plug-In-Hybrid Vehicles Community Campaign The intent is for the Town, along with partner organizations and volunteers, to initiate and develop partnerships with car dealerships, platform providers, and/or other EV industry partners to offer local residents and businesses a variety of makes and models of electric vehicles. The offer may be promoted through ride and drive events and other outreach efforts. Participants will be Town residents and businesses who purchase electric vehicles (EV) and plug-in hybrid electric vehicles (PHEV) from local car dealerships. REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 741 Participants include: Della Honda; Glens Falls Romeo Toyota; Maltbie Chevrolet; Garvey Hyundai/Kia/Volkswagen; Warren Ford; North Country Subaru; Lia Nissan; Nemer Ford/Chrysler Group as will be more specifically set forth in the Town’s Community Campaigns Scoping Document, substantially in the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs completion and submission of the Town of Queensbury’s Community Campaigns Scoping Document to the New York State Energy Research and Development Authority (NYSERDA) relating to NYSERDA’S Clean Energy Communities Campaigns for Solar and Electric/Plug-In-Hybrid Vehicles (EV/PHEV) for 2021 in the form substantially presented at this meeting and, provided that NYSERDA approves the Scoping Document, further authorizes and directs initiation of the Town’s Community Campaigns as will be detailed and described in the Scoping Document and as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute any needed documentation, and the Town Supervisor, Town staff and/or Town Clerk to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of July, 2021 by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE’S LAWN CARE FOR MOWING OF ABANDONED OR NEGLECTED PROPERTY – 44 SUNNYSIDE EAST RESOLUTION NO.: 254, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 742 WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has reported to the Town Board that the property located at 44 Sunnyside East in the Town is in a state of serious neglect in that the yard needs to be mowed and therefore the Director recommends that the Town Board authorize monthly mowing of this property, and WHEREAS, the Town Board has concluded that the condition of the property creates a public health hazard due to concerns regarding the harboring of ticks and other vermin in the tall grass, and WHEREAS, the Director reports that he has previously contacted the owner of record by phone and posting of the property but 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 quotes from Cheap Pete’s Lawn Care dated 6/29/2021 for the mowing of the property for: 1) initial mowing - $150 (August); and 2) monthly mowing - $75 (September) for a total amount not to exceed $225 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 on their property located at 44 Sunnyside East 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 REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 743 BE IT FURTHER, RESOLVED, that the Town Board hereby approves of the Director of Building and Codes Enforcement’s engagement of the services of Cheap Pete’s Lawn Care for the mowing of the property located at 44 Sunnyside East as delineated in this Resolution and as set forth in Cheap Pete’s Lawn Care’s 6/29/2021 quotes for: 1) initial mowing - $150 (August); and 2) monthly mowing - $75 (September) for a total amount not to exceed $225 to be paid on a monthly basis upon Cheap Pete’s Lawn Care submitting proper invoices to the Town outlining the dates on which the property was mowed, to be paid for from Account No.: 001-3620-4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $225 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 26 day of July, 2021, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OR DISPOSITION OF OBSOLETE TRUCK IN BUILDING AND GROUNDS DEPARTMENT RESOLUTION NO.: 255, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 744 WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town’s Facilities Manager has declared a 2012 Ford F-350 4x4 Truck (Asset No.: 8967) used by the Building and Grounds Department as surplus, and WHEREAS, the Facilities Manager advised Town Departments of the surplus vehicle in his Department and he did not receive any requests from the Departments for the vehicle and therefore he has requested Town Board authorization to sell the truck, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the sale of the 2012 Ford F- 350 4x4 Truck (Asset No.: 8967) used by the Building and Grounds Department that is no longer needed by the Town or obsolete, as specifically delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus vehicle and all Town proceeds from the sale shall be deposited 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 Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 745 th Duly adopted this 26 day of July, 2021, by the following vote: AYES : Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – WARRANT: 07272021 RESOLUTION NO.: 256, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 07272021 with a run date of 07/22/2021 and a payment date of 07/27/2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 07272021 with a run date of 07/22/2021 and a payment date of 07/27/2021 totaling $1,052,521.25, 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 26 day of July, 2021, by the following vote: AYES : Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT : None RESOLUTION AUTHORIZING LEASE AGREEMENT BETWEEN TOWN AND NATIONAL BUSINESS EQUIPMENT FOR NEW MACHINE IN DEPARTMENT OF BUILDING AND CODES ENFORCEMENT RESOLUTION NO.: 257, 2021 REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 746 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 69,2015, the Queensbury Town Board authorized a Lease Agreement for office equipment with National Business Equipment, and WHEREAS, the Town wishes to enter into an additional Lease Agreement pertaining to a new Kyocera Mita Model Taskalfa 6053ci machine to be located in the Building and Codes Enforcement Department, and WHEREAS, such proposed Lease Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Lease Agreement between the Town of Queensbury and National Business Equipment substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Lease Agreement and any other necessary documentation and authorizes and directs the Town Supervisor, Town Budget Officer, Town Assessor and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of July, 2021, by the following vote: AYES : Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION ACKNOWLEDGING APPOINTMENT OF AND ESTABLISHING SALARY FOR MARK DEMERS AS DEPUTY HIGHWAY SUPERINTENDENT RESOLUTION NO. 258, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 747 SECONDED BY: Mr. Harrison Freer WHEREAS, David Duell, the Town of Queensbury’s elected Highway Superintendent, has advised that the current Deputy Highway Superintendent is soon retiring and therefore he wishes to appoint Mark Demers, as Deputy Highway Superintendent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges the Town Highway Superintendent’s appointment of Mark Demers as Deputy Highway Superintendent, such nd appointment and associated annual salary of $65,245 to be effective on or about August 2, 2021, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Highway Superintendent, Town Supervisor and/or Town 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 26 day of July, 2021, by the following vote: AYES : Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None 4.0 CORRESPONDENCE None 5.0 PRIVILEGE OF THE FLOOR (LIMIT-4 MINUTES) No Comment 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY (WARD IV)  Asked to put on discussion for next Town Board Workshop definition of Tourist Homes.  Received several calls from constituents regarding fifty-five gallon drums that were sitting out by the Landfill on Luzerne Road. I reached out to DEC they should be picked up tomorrow. COUNCILMAN FERONE (WARD III)  Spoke regarding items left at edge of road that are for sale by residents. This looks very unsightly. Asked residents to find another way to get rid of their things and not put them on the side of the road.  Spoke regarding meeting with Emergency Squads noting there is a meeting scheduled this week. We are starting the process early in getting our contracts done. We are hoping for some good things to come out of those discussions. COUNCILMAN FREER (WARD II)  Spoke regarding EMS noting there are challenges there. We are getting started and trying to move forward with some of the things that have been discussed. REGULAR TOWN BOARD MEETING, 07-26-2021, MTG#24 748  Spoke regarding Climate Smart Communities and the incentives the State has put out noting he is in support of this. I would like to get some public feedback on this. I think the payback is really important.  Spoke regarding Short Term Rentals. To my knowledge, we have had no additional complaints. I have spoken with Dave Hatin regarding this a couple of times. He gets many calls with people who are involved to make sure that they are complying with our law. COUNCILMAN METIVIER (WARD I) Nothing to report SUPERVISOR STROUGH  Attended a fundraiser presentation on the History of Bathing Suits at the Wiawaka Center for Women.  Attended the Glens Falls Symphony Orchestra in Crandall Park. Thanked everyone involved in organizing the event.  Spoke regarding the Halfway Brook Trail noting you still see ATV’s using the trail. They are not to be using the lower watershed. We may have to use stronger measures to assure that unauthorized motorized vehicles do not use the watershed.  Spoke regarding residents using the trails with their dogs. The stations are there and bags are provided. Please take care of your dog. The dogs have to leashed when they are on the trails. That is what the law says.  Attended the Conklin Center groundbreaking ceremony at the Glen at Hiland Meadows.  Spoke regarding how Walter and Joan Grishkot started the Balloon Festival and did many wonderful things for the Community.  Attended the Warren County Water Quality Strategy Committee Day.  Thanked the Warren County and Water Conservation District and Jim Lieberum for all they do for the Community.  We will be receiving an update regarding the Jenkinsville area soon.  Congratulated Ed Moore for being recognized in the Albany Business Review.  Thank Look TV and Sponsors RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 259, 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 its Regular Town Board Meeting. th Duly adopted this 26 day of July, 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 MINUTES PREPARED BY KAREN O’BRIEN, DEPUTY CLERK II