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06-17-2019 MTG #19 Regular Town Board Meeting, 06-17-2019, MTG #19 20 REGULAR TOWN BOARD MEETING MTG #19 MAY 20, 2019 RES. #207-224 7:00 PM BOH #30-31 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN GEORGE FERONE COUNCILWOMAN JENNIFER SWITZER BOARD MEMBER ABSENT COUNCILWOMAN CATHERINE ATHERDEN TOWN COUNSEL ROBERT HAFNER, ESQ. TOWN OFFICIAL DAVE DUELL, Highway Superintendent PRESS Look TV Post Star SUPERVISOR STROUGH called meeting to order…. PLEDGE OF ALLEGIANCE LED BY COUNCILWOMAN JENNIFER SWITZER 1.0 BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 207, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer 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 17 day of June, 2019 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: Mrs. Atherden RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF CLAUDIA GERSTEN RESOLUTION NO.: BOH 30, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION Regular Town Board Meeting, 06-17-2019, MTG #19 21 SECONDED BY: Mrs. Jennifer Switzer 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, Claudia Gersten (Applicant) has applied to the Local Board of Health for variances from Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks as the Applicant wishes to install three (3) new 1,250 gallon septic holding tanks for a total of 3,750 gallons of capacity in lieu of a sewage disposal system to be located beneath the parking area on property situated at 61 Fitzgerald 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 st Monday, July 1, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Claudia Gersten’s sewage disposal variance application concerning property located at 61 Fitzgerald Road in the Town of Queensbury (Tax Map No.: 289.14-1-8) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 17 day of June, 2019, by the following vote: AYES : Mr. Metivier, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT: Mrs. Atherden RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 31, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 17 day of June, 2019, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: Mrs. Atherden 2.0 PRIVILEGE OF THE FLOOR RESOLUTIONS ONLY (LIMIT – 3 MINUTES) Regular Town Board Meeting, 06-17-2019, MTG #19 22 GEORGE WINTERS, 4 John Clendon Road spoke regarding Resolution No. 3.3, ‘Resolution Authorizing Seeking of Bids Through New York State Office of General Services Procurement Program or Local Bid for Truck for Water Department’ and Resolution No. 3.11, ‘Resolution Authorizing Outsourcing of Paving to Peckham Road Corporation’. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING BAY RIDGE RESCUE SQUAD, INC. TO TRANSFER PORTION OF UNUSED RESTRICTED VEHICLE FUNDS TO OPERATIONS FUND RESOLUTION NO.: 208, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) have entered into an Agreement for emergency services, which Agreement sets forth a number of terms and conditions including a condition that the Squad will use the monies provided in accordance with the Agreement and budget submitted by the Squad attached as Exhibit A, and WHEREAS, the Agreement further provides that such allocations set forth on an operation budget line may be transferred to any other operation budget line, except that this shall not apply to budget lines or funds for vehicle funds, insurance and debt service, which budget lines and transfers into or out thereof shall be subject to Town Board approval, and WHEREAS, the Squad has advised the Town Board that it wishes to make its Captain’s vehicle an ALS first response vehicle which would help to: 1) free up its ALS provider from a call if ALS is not needed; 2) help prevent wear-and-tear on its ambulances; and 3) help save the Squad money in vehicle repairs, and WHEREAS, the Squad has accordingly requested Town Board authorization to transfer $7,900 from the Squad’s unused restricted vehicle funds to its operations fund for such purpose, and WHEREAS, the Town Board has determined that it is financially beneficial and in the public interest to authorize such movement of funds, NOW, THEREFORE, BE IT RESOLVED, in accordance with the Town of Queensbury’s Agreement for emergency services with the Bay Ridge Rescue Squad, Inc., the Queensbury Town Board hereby approves and authorizes the Bay Ridge Rescue Squad, Inc.’s transfer of $7,900 from the Squad’s restricted vehicle fund to its operations fund, as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier Regular Town Board Meeting, 06-17-2019, MTG #19 23 NOES : None ABSENT: Mrs. Atherden RESOLUTION AUTHORIZING CLOSURE OF WATER TREATMENT PLANT SWITCHBOARD UPGRADES CAPITAL PROJECT FUND #214 RESOLUTION NO.: 209, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 381, 2016, the Queensbury Town Board established Water Treatment Plant Switchboard Replacement Capital Project Fund #214 (Fund #214) which established funding toward the replacement of the switchboard at the Town of Queensbury Water Treatment Plant, and WHEREAS, Town’s Water Superintendent has advised that the project is complete and Fund #214 may therefore be closed, and WHEREAS, the Town’s accounting records show that there is $12,711.74 remaining in Fund #214, and WHEREAS, the Town Board wishes to close Fund #214 and transfer its remaining balance to the Water Equipment Cash Reserve Fund #78, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close Water Treatment Plant Switchboard Replacement Capital Project Fund #214 and transfer its remaining $12,711.74 to the Water Equipment Cash Reserve Fund #78, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Town Budget Officer and/or Accountant to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION AUTHORIZING SEEKING OF BIDS THROUGH NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT PROGRAM OR LOCAL BID FOR TRUCK FOR WATER DEPARTMENT Regular Town Board Meeting, 06-17-2019, MTG #19 24 RESOLUTION NO.: 210, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Water Superintendent has advised the Town Board that he wishes to advertise for bids for the purchase of a 2019 or newer ½ ton F-150 or equivalent pick-up truck for th the Water Department to replace a year 2013 Ford Escape that was totaled in an accident on May 15, such new truck to be described in bid documents/specifications to be prepared by the Water Superintendent and/or Town Purchasing Agent, and WHEREAS, the Town wishes to purchase such Vehicle through the New York State Office of General Services Procurement Program or through local bid, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to provide the specifications for a 2019 or newer ½ ton F-150 or equivalent pick-up truck to the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the truck as described above in the official newspaper for the Town of Queensbury and/or through the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open, read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. th Duly adopted this 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE’S LAWN CARE FOR MONTHLY MOWING SERVICES AT CERTAIN ABANDONED OR NEGLECTED PROPERTIES RESOLUTION NO.: 211, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION Regular Town Board Meeting, 06-17-2019, MTG #19 25 SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No: 154,2019, the Queensbury Town Board authorized the Director of Building and Codes Enforcement’s (Director) engagement of the monthly lawn mowing services of Cheap Pete’s Lawn Care for certain properties in the Town of Queensbury in a state of serious neglect, and WHEREAS, the Director has advised the Town Board of additional properties in the Town of Queensbury needing mowing services located at: 1. 14 Old Forge Road, 2. 210 Sunnyside Road; 3. 7 Quarry Crossing; and 4. 25 Main Street; and WHEREAS, the Town Board has concluded that the condition of the properties creates a public health hazard due to concerns regarding fire and the harboring of ticks and other vermin in the tall grass, and WHEREAS, the Director reports that he has attempted to contact the owners of record by certified letter and/or posting of the property and reports that his efforts have been to no avail and he has been unable to reach anyone or to obtain any resolution of the situation, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, WHEREAS, the Director obtained quotes for monthly mowing of the properties for a period of four (4) months, and WHEREAS, Cheap Pete’s Lawn Care submitted quotes dated 6/6/2019 and 6/12/2019 for the st mowing services in the total amount of $270 total per month commencing on or about July 1 for a period of four (4) months for a total amount not to exceed $1,080, and WHEREAS, the Director recommends that the Town Board engage such services, NOW, THEREFORE, BE IT, RESOLVED, that the Queensbury Town Board directs that final notices shall be sent by U.S. mail to the Property Owners of Record for the properties described in the preambles of this Resolution requiring that they mow the lawn as set forth above 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, 06-17-2019, MTG #19 26 BE IT FURTHER, RESOLVED, that the Town Board further approves of and authorizes the Director of Building and Codes Enforcement’s engagement of Cheap Pete’s Lawn Care for the monthly lawn mowing services of the st properties for the total amount of $270 total per month commencing on or about July 1 for a period of four (4) months for a total amount not to exceed $1,080, 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 properties were 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 $1,080 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 properties so that the expenses can be properly assessed and constituted as a lien and charge on the real properties 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 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION AUTHORIZING PROMOTION OF ANDRE THIBODEAU FROM ACCOUNT CLERK IN WASTEWATER DEPARTMENT TO PRINCIPAL ACCOUNT CLERK IN WATER DEPARTMENT RESOLUTION NO.: 212, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Water Superintendent has recommended that the Town Board authorize the promotion of Andre Thibodeau from Account Clerk in the Wastewater Department to Principal Account Clerk in the Water Department, and WHEREAS, the Town Board wishes to authorize the requested promotion on a provisional basis, Regular Town Board Meeting, 06-17-2019, MTG #19 27 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Andre Thibodeau from Account Clerk in the Wastewater Department to Principal Account Clerk in the Water th Department on a provisional basis effective on or about June 18, 2019 at the rate of pay specified in the Town’s CSEA Union Agreement for the position for the year 2019, and BE IT FURTHER, RESOLVED, that such promotion shall be subject to a 90 day trial (probationary) period in accordance with the Town’s Agreement with CSEA, successful completion of the Civil Service exam for the position and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of June, 2019 by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION AUTHORIZING HIRING OF SEASONAL EMPLOYEES TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.: 213, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Department of Parks and Recreation has requested Town Board authorization to hire Lindsey Holcomb to work part-time for the Department on a seasonal basis, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives and Lindsey Holcomb is the daughter of John Holcomb, an HEO in the Town Highway Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Lindsey Holcomb to work for the Town’s Department of Parks and Recreation on a part-time, seasonal basis effective th on or about June 18, 2019, to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and Regular Town Board Meeting, 06-17-2019, MTG #19 28 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation, Aquatics Supervisor, Recreation Program Supervisor/Q-Club Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 214, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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 Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s), to be sold or disposed of as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Item Dept Asset# Metal detector (scanner) Court 4185 1995 Ford LT9000 Highway 3389 2013 Ford Escape Water 8977 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete by using the auction company GovDeals to dispose of such Regular Town Board Meeting, 06-17-2019, MTG #19 29 surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s), to be sold or disposed of as scrap, as follows: Item Dept Asset# Metal detector (scanner) Court 4185 1995 Ford LT9000 Highway 3389 2013 Ford Escape Water 8977 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 item(s) and all Town proceeds from the sales 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. th Duly adopted this 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION AUTHORIZING COMMUNITY SERVICE AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND CERTAIN ORGANIZATIONS RESOLUTION NO.: 215, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into certain community service Agreements with certain organizations for the provision of certain community-based services and benefits, and Regular Town Board Meeting, 06-17-2019, MTG #19 30 WHEREAS, the Town of Queensbury has received applications for such funding from various organizations and the Town Board has met and deliberated concerning such funding requests, and WHEREAS, the Town Board wishes to provide funding and enter into Agreements with certain organizations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the following organizations and authorizes Community Service Agreements between the Town and each organization and authorizes and directs the Town Supervisor to execute the Agreements as follows: NAME OF ORGANIZATION FUNDING AMOUNT The Conkling Center $10,000 Glens Falls Area Youth Center $12,000 LARAC-Mettawee Theater Co. $ 500 Literacy New York Greater Capital Region $ 5,000 Student Connection With Village of Lake George $ 2,000 and BE IT FURTHER, RESOLVED, that funding for such Agreements shall be paid for from the appropriate Town account(s) as will be determined by the Town Supervisor and/or Town Budget Officer. th Duly adopted this 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION AUTHORIZING LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND CERTAIN ORGANIZATIONS RESOLUTION NO.: 216, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by prior Resolution the Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and Regular Town Board Meeting, 06-17-2019, MTG #19 31 WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town of Queensbury has received applications for such occupancy tax funding from various organizations and the Town Board has met and deliberated concerning such funding requests, and WHEREAS, the Town Board wishes to provide funding and enter into Agreements with certain organizations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes 2019 funding to the following organizations to assist in funding their various events and authorizes Local Tourism Promotion and Convention Development Agreements (Agreements) between the Town and each organization and authorizes and directs the Town Supervisor to execute the Agreements as follows: NAME OF ORGANIZATION FUNDING AMOUNT Adirondack Balloon Festival $15,000 Adirondack Civic Center Coalition $ 5,000 Adirondack Film Commission $15,000 Adirondack Hockey Coalition $ 4,000 Adirondack Theater Festival $ 5,500 Chapman Museum $ 9,500 Feeder Canal Alliance $ 5,000 Glens Falls City Band/Saratoga Musical Union $ 6,230 Glens Falls Symphony $ 6,000 Golden Goal Sports Park $ 5,000 Great Escape $15,000 Hyde Collection $10,000 Lake George Chamber of Commerce $ 7,500 NY Spyder Riders $ 2,500 Underdog Race Timing $ 1,500 Under the Woods Foundation $ 4,000 Warren County Historical Society $ 2,500 Warren County Safe & Quality Bicycling Organization $ 7,500 World Awareness Children’s Museum $ 5,300 Regular Town Board Meeting, 06-17-2019, MTG #19 32 and BE IT FURTHER, RESOLVED, that such funding shall be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes an increase of appropriations in Occupancy Tax Account No.: 050-6410-4412 by $132,030 and increasing the revenue coded 050-0000- 51113 Occupancy Tax by $132,030, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary, and the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that each Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION AUTHORIZING SUPPORT OF TOWN OF LAKE GEORGE AND/OR LAKE GEORGE LAND CONSERVANCY’S GRANT APPLICATIONS FOR FUTURE SHARED PARK TO BE KNOWN AS “MCPHILLIPS PRESERVE AT FRENCH MOUNTAIN” RESOLUTION NO.: 217, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 335,2018, the Queensbury Town Board authorized an Agreement with the Lake George Land Conservancy, Inc. (LGLC) providing for the Town’s purchase of property bearing Tax Map No.: 265-1-28 in an effort to protect and preserve that portion of property in the French Mountain Preserve located in the Town of Queensbury, such property to be part of a future shared park with the Town of Lake George and LGLC likely to be named the “McPhillips Preserve at French Mountain” (Park Project), and WHEREAS, the Town of Lake George is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for such Park Project and as part of such grant process, has engaged the services of consultants to help with Regular Town Board Meeting, 06-17-2019, MTG #19 33 preconstruction analysis/site planning, conceptual design work and the grant application work for a total cost of $15,000, and WHEREAS, the Town of Lake George will be the grant administrator should grant funds be awarded, and WHEREAS, the Town of Lake George has requested that the LGLC and Town of Queensbury, as equal stakeholders/partners in the Park Project, contribute equally toward the preconstruction analysis/site planning, conceptual design work and grant application work for the shared Park facility, with each party to contribute $5,000, and WHEREAS, the Town Board supports the preconstruction analysis/site planning, conceptual design work and grant application efforts toward the collective Park Project with the understanding that the Town of Lake George will be the grant administrator should grant funds be awarded, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby supports the Town of Lake George’s application to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund at the French Mountain Preserve for the future shared park with the Town of Lake George and Lake George Land Conservancy, Inc., likely to be named the McPhillips Preserve at French Mountain (Park Project) with the understanding that the Town of Lake George will be the grant administrator should grant funds be awarded, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs a contribution of $5,000 to the Town of Lake George toward the preconstruction analysis/site planning, conceptual design work and grant application work as delineated in the preambles of this Resolution to be paid for from Account #: 001-8510- 4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all actions needed to provide for the $5,000 expenditure including amendment of the Town Budget by decreasing the Town’s Undesignated, Unappropriated General Fund Balance #001-0000-0909 by $5,000 and increasing Account #001-8510-4400 by $5,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement between the Town, Town of Lake George and/or the LGLC and/or any other needed documentation and the Town Supervisor, Town Counsel and/or Town Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden Regular Town Board Meeting, 06-17-2019, MTG #19 34 RESOLUTION AUTHORIZING OUTSOURCING OF PAVING TO PECKHAM ROAD CORPORATION RESOLUTION NO.: 218, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Highway Superintendent has requested Town Board approval to outsource milling and/or paving work on LaFayette Street and Sherman Island Road to Peckham Road Corporation in accordance with Peckham Road Corporation’s 6/11/19 Proposals in the amount of $94,301.09 (LaFayette Street) and $17,326 (Sherman Island Road) for a total of $111,627.09 as presented at this meeting, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Office of General Services Group #31502, Award #23148, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway Superintendent’s outsourcing of milling and/or paving work on LaFayette Street and Sherman Island Road to Peckham Road Corporation, State Contractor #PC68572, in accordance with Peckham Road Corporation’s 6/11/19 Proposals in the amount of $94,301.09 (LaFayette Street) and $17,326 (Sherman Island Road) for a total of $111,627.09 as presented at this meeting and in accordance with New York State Office of General Services Group #31502, Award #23148, to be paid from Chips Capital Construction, Account No.: 004-5112- 2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION TO AMEND 2019 BUDGET RESOLUTION NO.: 219, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone Regular Town Board Meeting, 06-17-2019, MTG #19 35 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 2019 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1990-1010 Contingency 001-1460-1010 Wages 25,000 001-0000-0909 Fund Balance 001-1680-4400-217 Misc. Contractual 60,000 Increase Revenue 040-0000-52680 Insurance Recovery 9,764 Increase Appropriation 040-8340-2020 Vehicles 9,764 th Duly adopted this 17 day of June, 2019 by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES TO COMPLETE THE SOUTH QUEENSBURY BOA NOMINATION STUDY RESOLUTION NO.: 220, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 27, 2017, the Queensbury Town Board authorized the submittal of a Brownfield Opportunity Area (BOA) Nomination Study grant application to advance activities identified in the Queensbury South BOA Pre-Nomination Study and to seek official designation as a BOA, and WHEREAS, by Resolution No.: 294,2018, the Town Board authorized: 1) acceptance of One Hundred Thousand dollars ($100,000) in grant funds from the New York State Department of State (NYS DOS); 2) the Town’s ten percent (10%) in-kind services match of Eleven Thousand One Hundred Eleven dollars ($11,111) bringing the total project budget to One Hundred Eleven Regular Town Board Meeting, 06-17-2019, MTG #19 36 Thousand One Hundred Eleven dollars ($111,111); and 3) creating appropriations and revenues associated with the grant funds, and WHEREAS, by Resolution No. 469, 2018, the Town Board authorized the engagement of The Chazen Companies (Chazen) for provision of engineering technical services to the Town for Fiscal Year 2019, and WHEREAS, Chazen has developed a strong understanding of the BOA study area, citizens, stakeholders, and the issues and opportunities through its prior work on both the Queensbury South BOA Pre- Nomination Study and the Hudson-CIBA Waterfront Revitalization Plan, and WHEREAS, Section 3(C)(2) of the Town Purchasing Policy allows single source procurement of professional services under the circumstances outlined above, and WHEREAS, NYS DOS staff have concurred that single source procurement is appropriate under the circumstances outlined above, and WHEREAS, the proposed contract has been reviewed by the NYS Department of State and the Town’s Community Development staff, and WHEREAS, the Town Board wishes to engage the services of The Chazen Companies to assist in the completion of the South Queensbury BOA Nomination Study as delineated in The Chazen Company’s proposal dated January 2, 2019, Revised January 21, 2019, revised June 12, 2019 and presented at this meeting, for amounts not to exceed One Hundred Thousand Dollars ($100,000), 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 South Queensbury BOA Nomination Study for the Town as delineated in The Chazen Company’s proposal dated January 2, 2019, Revised January 21, 2019, revised June 12, 2019 in substantially the form presented at this meeting for an amount not to exceed One Hundred Thousand Dollars ($100,000), and BE IT FURTHER, RESOLVED, that such services shall be paid for from Account #176-8030-4400-2018, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation and the Town Supervisor, Senior Planner and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION AUTHORIZING MARSHALL & STERLING UPSTATE, INC. TO RENEW TOWN OF QUEENSBURY INSURANCE COVERAGE Regular Town Board Meeting, 06-17-2019, MTG #19 37 WITH TRIDENT/ARGONAUT AND CYBER INSURANCE COVERAGE WITH ASCENT/LLOYDS AND POLLUTION LIABILITY COVERAGE WITH CHUBB EFFECTIVE JULY 1, 2019 – JUNE 30, 2020 RESOLUTION NO.: 221, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 243,2018, the Queensbury Town Board authorized Marshall & st Sterling Upstate, Inc., to renew insurance coverage for the Town of Queensbury effective July 1, 2018 – June th 30, 2019 from Trident/Argonaut and to renew cyber-coverage for the Town from Ascent CyberPro, and WHEREAS, the Town Board wishes to authorize the renewal of insurance coverages with stth Trident/Argonaut and Ascent/Lloyds effective July 1, 2019 – June 30, 2020, in accordance with Marshall and Sterling Upstate, Inc.’s Proposal dated 7/1/2019 and Ascent/Lloyds’ Renewal Proposal dated 7/1/2019, and WHEREAS, the Town Board also wishes to authorizes Pollution Liability coverage with Chubb also as set forth in Marshall and Sterling Upstate, Inc.’s Proposal, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer and Marshall & Sterling Upstate, Inc., to renew insurance coverages for the Town of Queensbury effective July stth 1, 2019 – June 30, 2020 from Trident/Argonaut in accordance with Marshall and Sterling Upstate, Inc.’s Proposal dated 7/1/2019 and to renew cyber-coverage for the Town from Ascent/Lloyds in accordance with Ascent/Lloyds’ Renewal Proposal dated 7/1/2019, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes its Pollution Liability coverage with Chubb also as set forth in Marshall and Sterling Upstate, Inc.’s Proposal, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all documentation to effectuate such renewals/insurance coverage and the Town Supervisor and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION APPROVING AUDIT OF BILLS - TH WARRANT OF JUNE 18, 2019 Regular Town Board Meeting, 06-17-2019, MTG #19 38 RESOLUTION NO.: 222, 2019 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 a Warrant thth with a run date of June 13, 2019 and a payment date of June 18, 2019, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of June thth 13, 2019 and a payment date of June 18, 2019 totaling $354,422.00, 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 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING OF MUNICIPAL GOVERNMENTS BORDERING LAKE GEORGE REGARDING AQUATIC INVASIVE SPECIES PREVENTION RESOLUTION NO.: 223, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the municipal governments bordering Lake George, i.e., the Towns of Queensbury, Bolton, Dresden, Fort Ann, Hague, Lake George, Putnam, Ticonderoga and the Village of Lake George, wish to enter into a non-binding Memorandum of Understanding (MOU) stating their collective intent to work in good faith to create an effective program to prevent the introduction of aquatic invasive species into the waters of Lake George, and WHEREAS, a proposed MOU is presented at this meeting, NOW, THEREFORE, BE IT Regular Town Board Meeting, 06-17-2019, MTG #19 39 RESOLVED, that the Queensbury Town Board hereby authorizes the “Memorandum of Understanding of Municipal Governments Bordering Lake George Regarding Aquatic Invasive Species Prevention” 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 Memorandum of Understanding and any other needed documentation, and take any other needed actions to effectuate the terms of this Resolution. th Duly adopted this 17day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden RESOLUTION AUTHORIZING SETTLEMENT OF PROPERTY ASSESSMENT CASES FILED BY FILED BY NMM GLENS FALLS ASSOCIATES, LLC RESOLUTION NO.: 224, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, NMM Glens Falls Associates, LLC (“Petitioner”), filed Article 7 Real Property Assessment Review cases against the Town of Queensbury challenging the 2015, 2016, 2017 and 2018 assessments on real property located at 140 Cronin Road, Queensbury, New York (Tax Map Parcel #297.17- 1-17), 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, and WHEREAS, the Town Board understands that the Queensbury Union Free School District’s Board of Education has approved the proposed settlement terms, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the proposed settlement of the tax assessment cases filed by NMM Glens Falls Associates, LLC as follows: 1) The 2015, 2016, 2017 and 2018 assessment challenges shall be discontinued without reduction or refunds; Regular Town Board Meeting, 06-17-2019, MTG #19 40 2) The assessed value for Tax Map Parcel #297.17-1-17 shall be fixed at $11,400,000 for the 2019, 2020, 2021 and 2022 Assessment Rolls unless the property is further improved or the assessment is subject to some other exception under 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 17 day of June, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden 4.0 CORRESPONDENCE – No Correspondence 5.0 PRIVILEGE OF THE FLOOR RESOLUTIONS ONLY (LIMIT – 4 MINUTES) GEORGE WINTERS, 4 John Clendon Road wished Councilman Metivier good luck in the primary next Tuesday. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I) – NOTHING TO REPORT COUNCILMAN FERONE (WARD III) – NOTHING TO REPORT COUNCILWOMAN SWITZER (WARD IV)  I would like to pass on our condolences to Matt Congdon’s family, he had a huge impact on this community and region. SUPERVISOR STROUGH  Announced the distribution of the new Town of Queensbury brochure. th  Gave brief bio of Joseph Warren and the significance of this date, June 17. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 225, 2019 INTRODUCED BY: Mrs. Jennifer Switzer 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. Regular Town Board Meeting, 06-17-2019, MTG #19 41 th Duly adopted this 17 day of June, 2019, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: Mrs. Atherden RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY