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09-11-2023 MTG #28 Regular Town Board Meeting, 09-11-2023, MTG#28 197 REGULAR TOWN BOARD MEETING MTG #28 SEPTEMBER I11h, 2023 RES #300-321 7:00 P.M. BOH #52-54 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE TOWN BOARD MEMBERS ABSENT COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS Look TV SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN HARRISON FREER A MOMENT OF SILENCE OBSERVED IN REMEMBERENCE OF 9/11 LED BY SUPERVISOR STROUGH 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 300, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 111h day of September, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DONALD DALEY RESOLUTION NO.: BOH 52,2023 Regular Town Board Meeting, 09-11-2023, MTG#28 198 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Donald Daley (Applicant) has applied to the Local Board of Health for a variance from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank and a variance from§136-1 IA as the Applicantwishes to install two(2) 1,500 gallon capacity concrete septic holding tanks as a replacement septic system, for a total capacity of 3,000 gallons, in lieu of the required 3,500 gallon capacity, and WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow placement of the holding tanks: 1. 5' from the residence in lieu of the required 10' setback; 2. 5' from the front property line in lieu of the required 10' setback; and 3. 5' from the side property line in lieu of the required 10' setback; on property located at 76 Rockhurst Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, September 25 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Donald Daley's sewage disposal variance application concerning property located at 76 Rockhurst Road in the Town of Queensbury and bearing Tax Map No.: 227.13-2-44 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this I Ph day of September, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty Regular Town Board Meeting, 09-11-2023, MTG#28 199 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF THE ARNOLD LODGE LLC RESOLUTION NO.: BOH 53,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, The Arnold Lodge LLC (Applicant) has applied to the Local Board of Health for a variance from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank and a variance from §136-1 lA as the Applicant wishes to install two (2) 2,000 gallon capacity concrete septic holding tanks as a replacement septic system, for a total capacity of 4,000 gallons, in lieu of the required 3,500 gallon capacity on property located at 301 Cleverdale Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, September 25 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider The Arnold Lodge LLC's sewage disposal variance application concerning property located at 301 Cleverdale Road in the Town of Queensbury and bearing Tax Map No.: 226.12-1-5 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 11'h day of September, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH Regular Town Board Meeting, 09-11-2023, MTG#28 200 RESOLUTION NO.: BOH 54, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 1 lth day of September, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: Mr. McNulty 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES) LUCAS DOME spoke in reference to Resolution 3.13, "Resolution Appointing Deputy Assessor Greg France as Town Safety and Compliance Officer." Stated that Greg is a tremendous asset to the Town. He will do a fine job in this position and strongly encourages his promotion to the Safety Officer position. 3.0 RESOLUTIONS RESOLUTION ESTABLISHING PART-TIME, TEMPORARY POSITION OF TRAINING TECHNICIAN AND APPOINTING MICHAEL PALMER RESOLUTION NO.: 301, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, due to the recent retirement of Michael Palmer, the Town of Queensbury's former full-time Fire Marshal,the Town Board wishes to establish a temporary,part-time position of Training Technician and appoint Mr. Palmer to such position for the training and mentoring of the Fire Marshal Office's staff, with Mr. Palmer to work on an on-call basis an average of 20 hours per week at the rate of pay of$30 hourly commencing on or about September 12'h, 2023 for a one (1) year period that may be renewed as needed by the Town's Director of Building and Codes Enforcement, and WHEREAS,the Town Board wishes to establish the Training Technician position as set forth in the Warren County Department Personnel and Civil Service's New Position Duties Statement and Job Description presented at this meeting and appoint Michael Palmer to the position, Regular Town Board Meeting, 09-11-2023, MTG9 28 201 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby establishes the temporary, part-time position of Training Technician and appoints Mr.Palmer to such position to work on an on-call basis an average of 20 hours per week at the rate of pay of$30 hourly commencing on or about September 12'',2023 for a one(1)year period that may be renewed as needed by the Town's Director of Building and Codes Enforcement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Budget Officer to complete and file any documentation, amend the Town Budget and take such other and further actions necessary to effectuate all terms of this Resolution. Duly adopted this 11'h day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING RENEWAL OF EMPIRE MEDIBLUE FREEDOM (PPO) MEDICARE ADVANTAGE INSURANCE FOR 2024 RESOLUTION NO.: 302, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Town of Queensbury previously entered into an agreement for its employee group health insurance plan with Empire MediBlue Freedom (PPO) Medicare Advantage, and WHEREAS, the Town Board, in conjunction with Upstate Agency LLC, has negotiated a renewal agreement with Empire MediBlue Freedom (PPO) Medicare Advantage for 2024, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves and authorizes a renewal of its Empire MediBlue Freedom(PPO)Medicare Advantage insurance for 2024 with the 2024 monthly premium to be $369.27 per member, and Regular Town Board Meeting, 09-11-2023, MTG#28 202 BE IT FURTHER, RESOLVED, that in the event that surcharges, fees or taxes are mandated or imposed on the Town's health insurance policies that are beyond the Town's control, resulting rate changes may 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 needed agreement and/or documentation and the Town Supervisor and/or Town Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 11'h day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON 2024 GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 303, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2024 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2024 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Regular Town Board Meeting, 09-11-2023, MTG#28 203 Hearing to each property owner within such District. Duly adopted this 11'h day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON 2024 LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 304, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2024 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2024 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 11'h day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON 2024 NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT - DUNHAM'S BAY-BENEFIT TAX ROLL Regular Town Board Meeting, 09-11-2023, MTG#28 204 RESOLUTION NO.: 305, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2024 North Queensbury Wastewater Disposal District—Dunham's Bay-Benefit Tax Roll as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2024 North Queensbury Wastewater Disposal District—Dunham's Bay Benefit Tax Roll, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 11'h day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING EQUIPMENT LEASE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NATIONAL BUSINESS EQUIPMENT RESOLUTION NO.: 306, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by prior Resolutions, the Queensbury Town Board has authorized Equipment Lease Agreements between the Town and National Business Equipment for certain equipment/multifunctional devices (printers/copiers/scanners/fax machines), and Regular Town Board Meeting, 09-11-2023, MTG#28 205 WHEREAS, the Town wishes to authorize an additional Equipment Lease Agreement pertaining to a new Kyocera Mita Model Taskalfa 7353ci machine to be located in the Town's Accounting Office as set forth in National Business Equipment's Quote substantially in the form presented at this meeting, and WHEREAS, such proposed new Equipment Lease Agreement will be coterminous with the Town's master Equipment Lease Agreement and will provide for the repurposing of equipment within the Town Office Building(s) thereby reducing the necessity to purchase an additional printers/copiers/scanners/fax machine, resulting in an estimated $14.22 monthly savings for the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Equipment Lease Agreement between the Town of Queensbury and National Business Equipment in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Town Accountant to negotiate, arrange for and secure the Town's future Equipment Lease Agreements with National Business Equipment without the need for additional Town Board Resolution thereby allowing for the continuation of leasing services without a lapse in services, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation, including the Lease Agreement in substantially the form presented at this meeting, and authorizes and directs the Town Supervisor, Town Budget Officer and/or Accountant to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this I Ph day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT REINDEER RUN 5K RESOLUTION NO.: 307, 2023 Regular Town Board Meeting, 09-11-2023, MTG#28 206 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Adirondack Runners has requested authorization from the Queensbury Town Board to conduct its Reindeer Run 5k within the Town of Queensbury and on Town roads to sponsor the Wait House as follows: SPONSOR Adirondack Runners EVENT Reindeer Run 5k DATE/TIME Saturday morning, December 2nd 2023 PLACE Beginning and Ending at SUNY Adirondack—640 Bay Road, Queensbury and WHEREAS, Adirondack Runners has provided the Town with proper proof of insurance in form acceptable to the Town and the Town's insurance carrier, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Adirondack Runners to conduct its Reindeer Run 5k within the Town of Queensbury to benefit the Wait House on Saturday, December 2nd 2023, and BE IT FURTHER, RESOLVED,that the Town Board hereby approves this event subject to the Town Highway Superintendent's approval of the race, which approval may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this I Id'day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING PROMOTION OF MICHAEL BRUNELLE FROM LABORER TO MOTOR EQUIPMENT OPERATOR (MEO) IN CEMETERY DEPARTMENT RESOLUTION NO.: 308, 2023 Regular Town Board Meeting, 09-11-2023, MTG9 28 207 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Town of Queensbury's Cemetery Superintendent has requested Town Board authorization to promote Michael Brunelle, a current full-time Laborer in the Cemetery Department, to the position of Motor Equipment Operator (MEO) in the Cemetery Department as Mr. Brunelle has met the qualifications and has the required job experience for the position, and WHEREAS,the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Michael Brunelle from Laborer to Motor Equipment Operator (MEO) in the Town Cemetery Department effective on or about September 12'', 2023 at the rate of pay specified in the Collective Bargaining Agreement between the Town and CSEA for the MEO position subject to a ninety (90) day probationary period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 11'h day of September, 2023 by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING USE OF OCCUPANCY FUNDS TOWARD PUBLICATION OF ADIRONDACK BALLOON FESTIVAL'S 50TH ANNIVERSARY PILOT MEMOIRS BOOKS RESOLUTION NO.: 309, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 484, 2007, the Queensbury Town Board provided for the Regular Town Board Meeting, 09-11-2023, MTG#28 208 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, by Resolution No.: 153, 2023, the Town Board authorized a Local Tourism Promotion and Convention Development Agreement between the Town and the Adirondack Balloon Festival to assist in funding the 50'h annual Adirondack Hot Air Balloon Festival to be held in the Town in September, 2023, which event draws thousands of people to the Town of Queensbury and its surrounding area's hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, the Town Board wishes to authorize an additional expenditure of$3,000 to the Adirondack Balloon Festival with occupancy tax revenues received from Warren County toward printing costs of the Adirondack Balloon Festival's 50'h Anniversary Pilot Memoir Books by The Troy Book Makers,LLC,which Books also assist in promoting the Town and the general community, serving as an economic development tool for tourism in Queensbury and the surrounding area, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the expenditure of$3,000 to the Adirondack Balloon Festival toward printing costs of the Adirondack Balloon Festival's 50'h Anniversary Pilot Memoir Books by The Troy Book Makers, LLC,with such funding to be provided by occupancy tax revenues the Town receives from Warren County,to be paid 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 $3,000; • Expense Acct.No. —050-6410-4412 Use of Occupancy Tax$3,000; and BE IT FURTHER, RESOLVED, that such expenditure is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this I Ph day of September, 2023, by the following vote: Regular Town Board Meeting, 09-11-2023, MTG9 28 209 AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH APPLICATION OF TASTY HUT NORTHEAST LLC RESOLUTION NO.: 310, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Tasty Hut Northeast LLC owns and operates The Pizza Hut at 97-99 West Main Street in the Town of Queensbury and has applied for an On-Premises Alcoholic Beverage License (License), and WHEREAS,Tasty Hut Northeast LLC has requested that the Queensbury Town Board waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the issuance of its License, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before Tasty Hut Northeast LLC's License is issued, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the On-Premises Alcoholic Beverage (License) is issued to Tasty Hut Northeast LLC and that the Town Board has no objection to such License, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 1 l'h day of September, 2023 by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None Regular Town Board Meeting, 09-11-2023, MTG9 28 210 ABSENT: Mr. McNulty RESOLUTION AUTHORIZING PURCHASE OF JOHN DEERE BACKHOE FROM UNITED AG & TURF FOR WATER DEPARTMENT RESOLUTION NO.: 311, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Water Superintendent/Wastewater Director has requested Town Board approval to purchase a new 2023 John Deere 410P Backhoe Loader for the amount of$168,542 from United Ag & Turf(UAT) and trade-in its 2004 John Deere 41OG Loader Backhoe—T0410GX938857(Town Asset No.: 4217) for the trade-in value of$32,000 resulting in a balance due of$136,542 to UAT as set forth in UAT's 28 August 2023 Quote presented at this meeting, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback"off an existing County/State Bid and therefore in this instance, the Town of Queensbury is "piggybacking" with the cooperative, municipal purchasing program with UAT, a participating member of Sourcewell Contracting, for the Backhoe, and WHEREAS,New York State Bidding is not required as the purchase is under New York State Office of General Services Contract 4PC69403 Sourcewell 4032119-JDC, and WHEREAS,the Town Board wishes to authorize such purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Water Superintendent/Wastewater Director's purchase of new 2023 John Deere 410P Backhoe Loader for the amount of$168,542 from United Ag&Turf(UAT) and the trade-in of its 2004 John Deere 410G Loader Backhoe — T0410GX938857 (Town Asset No.: 4217) for the trade-in value of $32,000 resulting in a balance due of$136,542 to UAT in accordance with UAT's 28 August 2023 Quote substantially in the form presented at this meeting and New York State Office of General Services Contract 4PC69403 Sourcewell 4032119-JDC,to be paid for from Vehicles Account No.: 040-8340- 2020, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to Regular Town Board Meeting, 09-11-2023, MTG9 28 211 take all actions necessary to amend the Town Budget by transferring $136,542 from the Water Department's Undesignated Fund Balance Account No.: 040-0000-0909 to Vehicles Account No.: 040-8340-2020, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Water Superintendent/Wastewater Director to sign any needed documentation and the Town Supervisor, Water Superintendent/Wastewater Director and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 1 lth day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION APPOINTING SUZANNE M. ROBINSON AS PART-TIME ALTERNATE SCHOOL CROSSING GUARD RESOLUTION NO.: 312,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, a part-time alternate School Crossing Guard position exists open within the Town of Queensbury and the Queensbury Town Board wishes to appoint Suzanne M. Robinson to the alternate position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Suzanne M. Robinson as a part-time alternate School Crossing Guard to work according to the Queensbury Union Free School District's calendar/schedule effective on or about September 12'h, 2023 at the current rate of pay for the position, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and/or drug and/or alcohol screening, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Budget Officer to complete any forms and take any actions necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 09-11-2023, MTG#28 212 Duly adopted this 11'h day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION APPOINTING DEPUTY ASSESSOR GREG FRANCE AS TOWN SAFETY AND COMPLIANCE OFFICER RESOLUTION NO.: 313, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,by Resolution No.: 13,2023,the Queensbury Town Board appointed Town Fire Marshal Michael Palmer as Town Safety and Compliance Officer for 2023, and WHEREAS, Mr. Palmer recently retired from the Town of Queensbury and therefore, the Town Board wishes to appoint Deputy Town Assessor Greg France as the Town's Safety and Compliance Officer for the remainder of 2023, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Deputy Assessor Greg France to the position of Safety and Compliance Officer for the remainder of 2023, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs that an annual stipend for the Safety and Compliance Officer position in the amount of$5,000, as authorized by Town Board Resolution No.:464,2022,be paid by payroll on a prorated basis to Mr.France in addition to Mr. France's annual salary for his full-time Deputy Assessor position, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor, Safety and Compliance Officer and/or Town Budget Officer to complete any forms and/or documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 11'h day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer Regular Town Board Meeting, 09-11-2023, MTG#28 213 NOES : None ABSENT: Mr. McNulty RESOLUTION TO AMEND 2023 TOWN BUDGET RESOLUTION NO.: 314, 2023 INTRODUCED BY: Mr. Harrison Freer 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 2023 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-1430-4446 Safety Training 15,000 040-0000-0909 Fund Balance 040-8340-4791 Maintenance Contracts 19,000 To Code Appropriation Code Appropriation $ Increase Revenue 040-0000-52680 Insurance Recovery 380 Increase Appropriation 040-8310-4130 Legal Retainer 380 Duly adopted this 1 l'h day of September, 2023 by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON 2024 GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 315, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION Regular Town Board Meeting, 09-11-2023, MTG#28 214 SECONDED BY: Mr. George Ferone WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2024 Greater Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll, which Tax Roll is on file with the Town Clerk's Office, on the Town's website and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2024 Greater Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 11'h day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON 2024 RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 316, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2024 Reservoir Park Sanitary Sewer District Benefit Tax Roll,which Tax Roll is on file with the Town Clerk's Office, on the Town's website and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, Regular Town Board Meeting, 09-11-2023, MTG#28 215 September 25 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2024 Reservoir Park Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 11'h day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON 2024 SOUTH QUEENSBURY- QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 317, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2024 South Queensbury—Queensbury Avenue Sanitary Sewer District Benefit Tax Roll, which Tax Roll is on file with the Town Clerk's Office, on the Town's website and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2024 South Queensbury — Queensbury Avenue Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk Regular Town Board Meeting, 09-11-2023, MTG9 28 216 to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 11'h day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING PURCHASE OF VAN FROM QUEENSBURY AUTO MALL FOR BUILDING AND GROUNDS DEPARTMENT RESOLUTION NO.: 318, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Facilities Manager wishes to purchase a used Van for use by the Building and Grounds Department to replace a 2013 Ford Van with 61,235 miles that will be transferred to the Cemetery Department(Town Asset No.: 8993), and WHEREAS, the Facilities Manager requested and received two (2) quotes for a used minivan and the lowest one received is from Queensbury Auto Mall for a 2015 Chevrolet City Express Cargo Van in the amount of$17,016 as set forth in the Queensbury Auto Mall's Buyers Order dated August 30, 2023 presented at this meeting, and WHEREAS, the Town Board wishes to disclose that one of the owners of the Queensbury Auto Mall is the husband of the Supervisor's Executive Assistant, Victoria Eberlein, and WHEREAS,the Town Board wishes to authorize such purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Facilities Manager's purchase of a 2015 Chevrolet City Express Cargo Van to be used by the Building and Grounds Department from the Queensbury Auto Mall for the amount of$17,016 in accordance with the Queensbury Auto Mall's Buyers Order dated August 30,2023 substantially in the form presented at this meeting, and the transfer of the Department's 2013 Ford Van (Town Asset No.: 8993) to the Cemetery Department, and Regular Town Board Meeting, 09-11-2023, MTG9 28 217 BE IT FURTHER, RESOLVED, that such purchase shall be paid for from Equipment Vehicle Replacement Capital Project Fund No. 195, Account No.: 195-1640-2020, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation, and the Town Supervisor, Facilities Manager and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 11'h day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ENGAGEMENT OF EHS RISK MANAGEMENT TO PROVIDE SUPPLEMENTAL SUPPORT TO ASSURE ENHANCED IMPLEMENTATION AND PARTICIPATION IN TOWN EMPLOYEE SAFETY SUPPORT AND MANAGEMENT PROGRAM RESOLUTION NO.: 319,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by previous Resolutions the Queensbury Town Board has authorized engagement of EHS Risk Management (EHS) for the provision of professional safety consulting services to support the development and implementation of the Town of Queensbury's Safety Program, and WHEREAS, the Town Board is satisfied with EHS's services to date and wishes to further engage EHS for additional monthly safety support for a period of up to six (6) months at a cost of $4,000 per month to help the Town's Safety and Compliance Officer to assure better and more effective use of the Town's Safety Program as developed by EHS, as set forth in EHS's September 6, 2023 Proposal No 2023-09-06_01, NOW, THEREFORE, BE IT Regular Town Board Meeting, 09-11-2023, MTG9 28 218 RESOLVED,that the Queensbury Town Board hereby authorizes and directs engagement of EHS Risk Management for additional monthly safety support for a period of up to six (6) months (September 2023 through February,2024)at a cost of$4,000 per month, for a total sum not to exceed $16,000 for the remainder of 2023, during the interim and transition to the Town's new Safety and Compliance Officer as set forth in EHS's September 6, 2023 Proposal No 2023-09-06_01 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED,that such services shall be paid for from Account No.: 001-1430-4446,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 effectuate the transfer of $16,000 from Undesignated, Unappropriated Fund Balance Account No.: 001-0000-0909 to Account No.: 001- 1430-4446, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed documentation and the Town Supervisor and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 11'h day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS: 09052023 AND 09122023 RESOLUTION NO.: 320, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Queensbury Town Board wishes to approve two(2)audits of bills presented as Warrants: 09052023 and 09122023 with run dates of 09/01/2023 and 09/07/2023 and payment Regular Town Board Meeting, 09-11-2023, MTG9 28 219 dates of 09/05/2023 and 09/12/2023 respectively, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills presented as Warrants: 09052023 and 09122023 with run dates of 09/01/2023 and 09/07/2023 and payment dates of 09/05/2023 and 09/12/2023 totaling $62,473.82 and $1,233,173.99 respectively, 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. Duly adopted this I Ph day of September, 2023, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty 4.0 CORRESPONDENCE-None 5.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) No public comment. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN FERONE(WARD II1) • Reported that they had completed the installation of crossing signs on Aviation Road for the Prospect School. Noted that they also had a number of speed signs installed over the last month or so. If there are issues that people are concerned about with rate of speed with vehicles in your area or neighborhood,please let the Town or me know and we will look into it. If it something we can rectify we will do it. COUNCILMAN FREER(WARD II) • Referred to the number of Resolutions that are investing in the infrastructure and tools to keep us in aposition to be strong to deal with whatever comes next,from a sustainability standpoint. We are also properly investing in our people, so I'm happy to see that. • Noted that one of the things the Town has been working on is the long range Comprehensive Land Use Plan and stressing collaborating, resilience and sustainability. Reported that he thinks it is seen in a lot of the decisions and the initiative that this Town Board and the Staff at Queensbury make. Regular Town Board Meeting, 09-11-2023, MTG9 28 220 • Reported that we are getting to the end of the survey period for public input into the Comprehensive Land Use Plan so if you haven't already please consider taking a brief survey online at the Town website. Happy to see the Town making these kinds of choices,believe it puts the Town in a strong position to deal with whatever comes next, whether it is a water main break on Route 9 and Aviation Road or an earthquake or whatever. I think we need to continue to do that and I'm certainly happy to see that. COUNCILMAN METIVIER(WARD 1) • Referred to comment made of the insurance only up five percent,which is a great number but that's five percent of a budget of two percent that we can only work with. Noted that the Town's property casualty insurance has tripled, health insurance up five percent so with the budget season coming up, it may not be so pretty this year, all matters the Board will have to deal with. • Received a nice letter from someone,which I reported to Chris Harrington in reference to the water main break, they felt things were handled extremely well. I know some people were upset with the traffic issue, but there was not much we could do about it, that is a main intersection. It was handled well and I commend those guys. • Announced there are some delays with the road work due to the weather that we've had. Recommend patience as the Highway Department is doing their best and are straight out. They do an amazing job addressing issues. SUPERVISOR STROUGH • Announced the Balloon Festival starts next week September 20'h through the 24 h. On Thursday at 4:00 pm proceeding Northward from the Civil War Monument down to Crandall Park will be a little balloon parade, first of its kind. There will be great events Thursday night September 21"at Crandall Park. Some great music,moonlit balloons,and some balloons may even take off from Crandall Park if the conditions are right. There will be music, food trucks, and opening events. This is going to be a great Balloon Festival. We have about 100 balloons coming. There is usually 50 and that's tough to manage so this will be a big undertaking by all those involved. This year will be extra special. • Reported that he participated in maintaining our MS4 Program by helping to clean up Halfway Brook last Thursday. • Thanked Doreen Kelly for the great tour of Wiawaka,another great organization in our region on Lake George. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 321, 2023 INTRODUCED BY: Mr. Anthony Metivier 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. Duly adopted this 1 lth day of September,2023,by the following vote: AYES: Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone NOES: None ABSENT: Mr.McNulty Regular Town Board Meeting, 09-11-2023, MTG#28 221 RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY BETTY MURPHY, DEPUTY TOWN CLERK II