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09-23-2019 MTG#29 Regular Town Board Meeting, 09-23-2019, Mtg #29 154 REGULAR TOWN BOARD MEETING MTG#29 SEPTEMBER 23, 2019 RES#306-326 6:45 P.M. BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUCILMAN ANTHONY METIVIER COUNCILWOMAN CATHERINE ATHERDEN COUNCILMAN GEORGE FERONE COUNCILWOMAN JENNIFER SWITZER TOWN COUNSEL ROBERT HAFNER, ESQ. TOWN OFFICIALS CONNIE GOEDERT, Superintendent of Cemeteries DAVE DUELL, Highway Superintendent PRESS POST STAR, LOOK TV SUPERVISOR STROUGH-Called meeting to order… RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 306, 2019 INTRODUCED BY: Mrs. Catherine Atherden WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session to enter Executive Session for the purpose of employment history of a particular person, matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person. rd Duly adopted this 23 day of September, 2019, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION TO ADJOURN EXECUTIVE SESSION RESOLUTION NO.: 307, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED: Mrs. Catherine Atherden RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Executive Session and enters Regular Session of the Town Board. Regular Town Board Meeting, 09-23-2019, Mtg #29 155 rd Duly adopted this 23 day of September, 2019 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None REGULAR SESSION 7:30 P.M. Supervisor Strough noted that there was no action taken from the Executive Session. PLEDGE OF ALLEGIANCE LED BY COUNCILWOMAN CATHERINE ATHERDEN th Supervisor Strough thanked Councilman Metivier for presiding over the September 9 Regular Town Board meeting and doing a stellar job. Supervisor Strough recognized Chief Executive Officer of the Hyde Collection, Norman E. Dascher who thanked the Town Board for the Town’s support. Supervisor Strough noted that the Town Board has received the 2020 Town of Queensbury Tentative Budget. 1.0 Supervisor Strough noted that the Public Hearing on a Sewage Disposal Variance Application scheduled for tonight’s agenda has been pulled. 2.0 PUBLIC HEARINGS 2.1 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2019 PUBLICATION DATE: September 13, 2019 SUPERVISOR STROUGH reviewed proposed resolution and opened public comment. PAUL DERBY-Good evening, Paul Derby, Glen Lake Advisory Committee. So we’re requesting, that committee is requesting a modest increase of ten dollars per unit just to equalize costs. We spent, we took in about forty-three thousand from the tax district last year. We did a twenty-five thousand dollar grant and we spent seventy-two thousand dollars on control and management of invasives. So the ten dollar increase pretty much offsets that increase in what we spent to keep our balance in line. SUPERVISOR STROUGH-Okay, thank you. Any questions from the Board for Paul? He’s the chair of the Advisory Committee. COUNCILMAN METIVIER-Those properties that we requested to be taken out? SUPERVISOR STROUGH-The Governor hasn’t signed them yet. COUNCILMAN METIVIER-So they are still in here? SUPERVISOR STROUGH-They are still on his desk along with a slew of others. COUNCILMAN METIVIER-Okay. SUPERVISOR STROUGH-It did pass the Assembly and it did pass the State Senate. We’re talking about the four parcels that we asked to have removed because it was part of the subdivision and they no longer have the alliance to the lake that with the definition for those units according to the map, plan and report originally done, they no longer are consistent with that. The Governor hasn’t sign it so that’s where we are. Okay, seeing nobody else wishing to speak to this, I will close the public hearing. PUBLIC HEARING CLOSED Regular Town Board Meeting, 09-23-2019, Mtg #29 156 RESOLUTION ADOPTING 2019 GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 308, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2019 and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and rd WHEREAS, the Town Board duly conducted a public hearing on Monday, September 23, 2019 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2019 at the following rate: District Units Amount to be Raised Tax Rate/Unit Glen Lake Aquatic Plant Growth 333.85 46,739 140. Control and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. rd Duly adopted this 23 day of September, 2019 by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT: None 2.2 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2019 PUBLICATION DATE: September 13, 2019 Regular Town Board Meeting, 09-23-2019, Mtg #29 157 SUPERVISOR STROUGH reviewed the proposed resolution, opened public hearing and read the following letter received today: I am writing this letter to give my vote to continue with the 2019 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll. We have five properties does that give us five votes each? It would be a yes for all properties. Yours truly, Patricia Soresino and Ray Soresino. BOB HUNTZ-I am Bob Huntz and I am the President of the Lake Sunnyside Association which I have been doing for about twenty years. First, I would like to thank the Town Board for allowing us the opportunity to have a tax district like this to raise funds so that we can take care of our lake. Most of the money raised in taxes, in fact all of the money raised in taxes is used to clear milfoil and other invasives from the lake. We’ve been doing it lately with harvesting and have not used any chemicals in five or six years which is our plan. Our management plan is to take care of the lake by harvesting and it’s working rather well. It’s expensive but it’s working well. We’re probably going to spend about twenty thousand dollars this year on harvesting and that’s probably going to be true almost every year from hereon because milfoil is a very persistent plant and it comes back time and time again and it has to be controlled. Hopefully, in future years we’ll get it totally under control and we won’t have the expenses but as of now, it looks like that’s going to last for quite a while. We had a vote by our association and the advisory council to the tax district which was almost unanimous to keep the tax rate at the same level as it is this year for 2020. We think that will meet our expenses very well for next year and into the future. I would also like to mention to you that your staff here, Barbara Tierney who I deal with all of the time with this, she’s on the ball all the time and does an excellent job and takes care of our needs and everything seems to be working well. So I thank you for the opportunity to do this. SUPERVISOR STROUGH-Well thank you Bob and DEC’s opinion is that there’s nothing wrong with a little milfoil. You have to manage it but it does provide habitat, for example, for the fish as well as other things. MR. HUNTZ-Yes, well we’re doing just that, we’re managing it. SUPERVISOR STROUGH-And I hear you are doing just that, thank you Bob. Any other member of the public wish to speak to 2.2, Resolution Adopting 2019 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll? Seeing none, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING 2019 LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 309, 2019 INTRODUCED BY: Mrs. Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2019 and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and rd WHEREAS, the Town Board duly conducted a public hearing on Monday, September 23, Regular Town Board Meeting, 09-23-2019, Mtg #29 158 2019 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2019 at the following rate: District Units Amount to be Raised Tax Rate/Unit Lake Sunnyside Aquatic Plant Growth 176.04 12,749.52 72.424 Control and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. rd Duly adopted this 23 day of September, 2019 by the following vote: AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: None 2.3 North Queensbury (Dunham’s Bay) Wastewater Disposal District Benefit Tax Roll for 2019 PUBLICATION DATE: September 13, 2019 SUPERVISOR STROUGH reviewed the proposed resolution and opened the public hearing. No public comment. PUBLIC HEARING CLOSED RESOLUTION ADOPTING 2019 NORTH QUEENSBURY (DUNHAM’S BAY) WASTEWATER DISPOSAL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 310, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the North Queensbury (Dunham’s Bay) Wastewater Disposal Regular Town Board Meeting, 09-23-2019, Mtg #29 159 District Benefit Tax Roll for 2019 assessing the expense of district improvements of general sanitary sewers located in the North Queensbury Wastewater Disposal District – Dunham’s Bay and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and rd WHEREAS, the Town Board duly conducted a public hearing on Monday, September 23, 2019 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the North Queensbury (Dunham’s Bay) Wastewater Disposal District Benefit Tax Roll for 2019 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a at the following rate: District Units Amount to be Raised Tax Rate/Unit North Queensbury 71 (60 with 4,480.02 69.17 (Building Units) (Dunham’s Bay) Wastewater Buildings; 30.00 (Vacant Units) Disposal 11 Vacant) and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. rd Duly adopted this 23 day of September, 2019 by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mr. Atherden NOES : None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT – 3 MINUTES) TRAVIS WHITEHEAD spoke regarding resolution 4.10, ‘Resolution Authorizing Seeking of Bids Through NYS Office of General Services Procurement Program for Three (3) Plug-In Hybrid Sport Utility Vehicles for Building and Codes Department and resolution 4.15, ‘Resolution Authorizing Engagement of Lewis & Greer as Special Counsel Pertaining to Erie Boulevard Hydropower, LP v Town of Queensbury Article 7 Assessment Litigation’. 4.0 RESOLUTIONS RESOLUTION ACKNOWLEDGING AND ACCEPTING THE INDEPENDENT ACCOUNTANT’S REPORT ON APPLYING Regular Town Board Meeting, 09-23-2019, Mtg #29 160 AGREED-UPON PROCEDURES OF QUEENSBURY TOWN COURT FOR YEAR ENDED DECEMBER 31, 2018 RESOLUTION NO.: 311, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 337,2011, the Queensbury Town Board engaged the services of BST & Co. CPAs, LLP (formerly known as SaxBST) to provide cash receipts and disbursement services to the Town of Queensbury for the years ending December 31, 2011, 2012, 2013, 2014 and 2015 and by Resolution No.: 231,2016, authorized a three year extension of such professional services for the years ending December 31, 2016, 2017 and 2018, and WHEREAS, the New York State Uniform Justice Court Act §2019-a and Town Law §123 set forth annual reporting, accounting and audit requirements for Town Courts, and WHEREAS, the Town Board has reviewed BST & Co. CPAs, LLP’s Independent Accountant’s Report on Applying Agreed-Upon Procedures pertaining to the Queensbury Town Court for the year ended December 31, 2018 and the Town Board wishes to acknowledge and accept the Report as having fulfilled the Town Board’s responsibility to audit the Town Justices’ records, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby acknowledges and accepts the Independent Accountant’s Report on Applying Agreed-Upon Procedures of the Queensbury Town Court for the year ended December 31, 2018 as required by New York State Uniform Justice Court Act §2019-a and Town Law §123 as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to provide a copy of such Report with a certified copy of this Resolution to: Joan Casazza, Internal Control Liaison New York State Office of Court Administration 2500 Pond View, Suite LL01 Castleton-on-Hudson, NY 12033 and the Town Supervisor, Town Clerk, Town Justices and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of September, 2019, by the following vote: Regular Town Board Meeting, 09-23-2019, Mtg #29 161 AYES: Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GREATER GLENS FALLS SENIOR CITIZENS RESOLUTION NO.: 312, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to provide social and recreational activities and programs to Town of Queensbury senior citizens and therefore wishes to contract with the Greater Glens Falls Senior Citizens for senior citizen recreational and social activities and programs as permitted and authorized by New York State General Municipal Law §95-a, and WHEREAS, a proposed Agreement between the Town and the Greater Glens Falls Senior Citizens has been presented at this meeting, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and the Greater Glens Falls Senior Citizens for the year 2019 with funding for the Agreement not exceeding the sum of $2,000 and authorizes and directs the Town Supervisor to execute the Agreement, and BE IT FURTHER, RESOLVED, that funding for such Agreement shall be paid for from the appropriate Town account as will be determined by the Town Supervisor and/or Town Budget Officer. rd Duly adopted this 23 day of September, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT : None RESOLUTION AUTHORIZING PURCHASE OF EXCAVATOR FOR CEMETERY DEPARTMENT RESOLUTION NO.: 313, 2019 Regular Town Board Meeting, 09-23-2019, Mtg #29 162 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Cemetery Superintendent has requested Town Board approval to purchase a 2019 John Deere 50G Compact Excavator, and WHEREAS, the Cemetery Superintendent obtained a Quote under New York State Office of General Services Contract #PC67075 Sourcewell for a 2019 John Deere 50G Excavator from Nortrax, Inc., for the purchase price of $57,970, 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 Cemetery Superintendent’s purchase of a 2019 John Deere 50G Excavator from Nortrax, Inc., for the purchase price of $57,970 in accordance with Nortrax, Inc.’s Quote ID: 20242295 presented at this meeting and New York State Office of General Services Contract #PC67075 Sourcewell, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all actions necessary to amend the 2019 Town Budget to fund the $57,970 purchase as follows:  Decrease Appropriations in Health Insurance Account No.: 002-9060-8060 by $30,000;  Increase Appropriation in Cemetery Account No.: 002-8810-2001 by $30,000;  Transfer from Cemetery Department’s Undesignated, Unappropriated Fund Balance to Increase Cemetery Account No.: 002-8810-2001 by $27,970; 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, Cemetery Superintendent and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of September, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None Regular Town Board Meeting, 09-23-2019, Mtg #29 163 ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF REPLACEMENT BOBCAT FOR USE BY PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 314, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Parks and Recreation Director and Town Recreation Commission have requested Town Board approval to purchase a commercial Bobcat with attachments to replace a 29 year old Bobcat in the Parks and Recreation Department (Town Asset No.: 3075), and WHEREAS, the Director obtained a Quote under New York State Office of General Services Pricing: Group #40625, Award #PGB-22792, Contract #PC67141 for a 2019 T595 T4 Bobcat Compact Track Loader with attachments from authorized Bobcat dealer, Bobcat of Saratoga, for the amount of $60,300.82, and WHEREAS, the Town Board wishes to authorize such purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Parks and Recreation Director’s purchase of a 2019 T595 T4 Bobcat Compact Track Loader with attachments in accordance with New York State Office of General Services Pricing: Group #40625, Award #PGB- 22792, Contract #PC67141 from authorized Bobcat dealer, Bobcat of Saratoga, for the amount of $60,300.82 in accordance with Bobcat of Saratoga’s 2019-08-07 Product Quotation Number: HMM- 16867 presented at this meeting to be paid for from Misc. Equipment Account No.: 001-7110-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the budget by reducing appropriation 001-9060-8060 by $30,000 and use of undesignated, unappropriated Fund Balance in the amount of $ 30,300.82 and increase appropriation 001-7110- 2001 Miscellaneous Equipment by $60,301 and take any other actions needed to provide for payment, and BE IT FURTHER, Regular Town Board Meeting, 09-23-2019, Mtg #29 164 RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the 29 year old Bobcat in the Parks and Recreation Department (Town Asset No.: 3075) and deposit any sales proceeds 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 Supervisor, Parks and Recreation Director and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of September, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2019 RESOLUTION NO.: 315, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2019 as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk’s Office and also on the Town’s website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th October 7, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2019 Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, Regular Town Board Meeting, 09-23-2019, Mtg #29 165 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. rd Duly adopted this 23 day of September, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2019 RESOLUTION NO.: 316, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Reservoir Park Sanitary Sewer District Benefit Tax Roll for 2019 as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk’s Office and also on the Town’s website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th October 7, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2019 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. Regular Town Board Meeting, 09-23-2019, Mtg #29 166 rd Duly adopted this 23 day of September, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2019 RESOLUTION NO.: 317, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Route 9 Sanitary Sewer District Benefit Tax Roll for 2019 as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk’s Office and also on the Town’s website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th October 7, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2019 Route 9 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. rd Duly adopted this 23 day of September, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SOUTH QUEENSBURY – QUEENSBURY AVENUE SANITARY SEWER DISTRICT Regular Town Board Meeting, 09-23-2019, Mtg #29 167 BENEFIT TAX ROLL FOR 2019 RESOLUTION NO.: 318, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed South Queensbury – Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2019 as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk’s Office and also on the Town’s website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th October 7, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2019 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 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. rd Duly adopted this 23 day of September, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON WEST QUEENSBURY – CONSOLIDATED SEWER DISTRICT BENEFIT TAX ROLL FOR 2019 RESOLUTION NO.: 319, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION Regular Town Board Meeting, 09-23-2019, Mtg #29 168 SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed West Queensbury Consolidated Sewer District Benefit Tax Roll for 2019 as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk’s Office and also on the Town’s website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th October 7, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2019 West Queensbury Consolidated 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. rd Duly adopted this 23 day of September, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING SEEKING OF BIDS THROUGH NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT PROGRAM FOR THREE (3) PLUG-IN HYBRID ALL-WHEEL DRIVE SPORT UTILITY VEHICLES FOR BUILDING AND CODES DEPARTMENT RESOLUTION NO.: 320, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) wishes to purchase three (3) 2020 or newer Plug-In Hybrid All-Wheel Drive Sport Utility Vehicles as will be described in specifications to be prepared by the Director and/or Purchasing Agent, Regular Town Board Meeting, 09-23-2019, Mtg #29 169 and WHEREAS, the Town wishes to purchase such Vehicles 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, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to provide the specifications for three (3) 2020 or newer Plug-In Hybrid All-Wheel Drive Sport Utility Vehicles 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 Vehicles 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. rd Duly adopted this 23 day of September, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING GLENS FALLS ELKS LODGE (BPOE #81) TO CONDUCT RACE FOR CEREBRAL PALSY 5K RESOLUTION NO.: 321, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier Regular Town Board Meeting, 09-23-2019, Mtg #29 170 WHEREAS, the Glens Falls Elks Lodge (BPOE #81) has requested permission to conduct its Race for Cerebral Palsy 5k within the Town of Queensbury as follows: SPONSOR: Glens Falls Elks Lodge (BPOE #81) EVENT: Cerebral Palsy 5k Race (Information describing the event presented at this meeting) th DATE/TIME: Saturday, October 19, 2019 - Approximately 9:00 a.m. PLACE: Glens Falls Elks Lodge (BPOE #81), 32 Cronin Road, Queensbury and WHEREAS, the applicant shall be responsible to obtain any other municipal agency’s approval(s) as may be necessary for their event, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of proper insurance from the Glens Falls Elks Lodge (BPOE #81) to conduct its Race for Cerebral Palsy th 5k to be held on Saturday, October 19, 2019 within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event as well as other municipal agency’s approval(s) as may be required. rd Duly adopted this 23 day of September, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF TWO (2) NEW 2020 FORD F-350 DUMP TRUCKS FOR HIGHWAY DEPARTMENT RESOLUTION NO.: 322, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier Regular Town Board Meeting, 09-23-2019, Mtg #29 171 WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to “piggyback” off an existing County Bid, and WHEREAS, the Town of Queensbury’s Highway Superintendent has requested Town Board approval to purchase two (2) new 2020 Ford F-350 Dump Trucks to replace: 1) a 2001 F-450 Dump Truck with 161,177 miles, Town Asset #3972; and 2) a 2003 F-350 Dump Truck with 126,338 miles, Town Asset #4111; both of which are unable to be inspected due to many frame problems, for the total amount of $102,943.10 by the Town of Queensbury “piggybacking” with Onondaga County Bid #7974 2020, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town Highway Superintendent’s purchase of two (2) new 2020 Ford F-350 Dump Trucks from Van Bortel Ford in rd accordance with Van Bortel Ford’s September 3, 2019 Quote #29757 presented at this meeting and Onondaga County Bid #7974 2020 for the total amount of $102,943.10 to be paid from Vehicles Account No.: 004-5130-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such purchases shall be by a transfer of $50,000 from Health Insurance Account No.: 004-9060-8060 and $52,944 from the Highway Department’s undesignated, unassigned Fund Balance Account No.: 004-0000-0909 to Vehicles Account No.: 004-5130-2020 and the Town Budget Officer shall amend the 2019 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the: 1) a 2001 F-450 Dump Truck with 161,177 miles, Town Asset #3972; and 2) a 2003 F-350 Dump Truck with 126,338 miles, Town Asset #4111; and deposit any sales proceeds 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 Supervisor, Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 09-23-2019, Mtg #29 172 rd Duly adopted this 23 day of September, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT: None RESOLUTION TO AMEND 2019 BUDGET RESOLUTION NO.: 323, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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: From To Code Appropriation Code Appropriation $ 033-0000-0909 Fund Balance 033-9110-4130 Town Counsel 1,250 rd Duly adopted this 23 day of September, 2019 by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS - TH WARRANT OF SEPTEMBER 24, 2019 RESOLUTION NO.: 324, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier Regular Town Board Meeting, 09-23-2019, Mtg #29 173 WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a thth Warrant with a run date of September 19, 2019 and a payment date of September 24, 2019, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date thth of September 19, 2019 and a payment date of September 24, 2019 totaling $846,198.98, 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. rd Duly adopted this 23 day of September, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT : None RESOLUTION AUTHORIZING ENGAGEMENT OF LEWIS & GREER AS SPECIAL COUNSEL PERTAINING TO ERIE BOULEVARD HYDROPOWER, LP V TOWN OF QUEENSBURY ARTICLE 7 ASSESSMENT LITIGATION RESOLUTION NO.: 325, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Erie Boulevard Hydropower, LP has commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury challenging the assessments on its Sherman Island hydropower facility, and WHEREAS, the Town Board wishes to engage Lewis & Greer as special counsel to provide legal services pertaining to such litigation at the rate of up to $195 per hour, as set forth in Lewis & Greer’s September, 2019 Retainer Agreement presented at this meeting, and WHEREAS, the Queensbury Union Free School District will split the costs of such legal services equally with the Town, NOW, THEREFORE, BE IT Regular Town Board Meeting, 09-23-2019, Mtg #29 174 RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Lewis & Greer as special counsel to provide legal services pertaining to the Article 7 Real Property Assessment Review cases against the Town of Queensbury commenced by Erie Boulevard Hydropower, LP, such services to be provided at the rate of up to $195 per hour, as set forth in Lewis & Greer’s September, 2019 Retainer Agreement substantially in the form presented at this meeting, with the understanding that the total cost of such legal fees will be shared equally between the Town and the Queensbury Union Free School District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that such services shall be paid for from such account(s) as may be determined to be appropriate by the Town Supervisor and Town Budget Officer, and the Town Budget Officer shall amend the Town Budget and/or or take any other actions necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Retainer Agreement substantially in the form presented at this meeting as well as any other needed documentation and the Town Supervisor, Town Assessor, Town Counsel and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of September, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT: None 5.0 CORRESPONDENCE TOWN CLERK BARBER-The 2020 Tentative Budget has been received and filed in the Town Clerk’s Office. 6.0 PRIVILEGE OF FLOOR (LIMIT 4 MINUTES) No public comment. 7.0 TOWN BOARD DISCUSSIONS WARD I – COUNCILMAN METIVIER  Noted that the Balloon Festival was a great success, the best weather and best event ever. Would like to say thank you to the folks that put it together. WARD II – COUNCILWOMAN ATHERDEN  Announced there is a Climate Smart Community meeting this Wednesday at 10 a.m. here in Town hall and just as a reminder, this committee is made up of citizens and the Town Board. So, any citizen that’s interested in taking action regarding the climate, they can contact me. Regular Town Board Meeting, 09-23-2019, Mtg #29 175 Noted today’s recent posted video by Greta Thunberg on climate control. WARD III – COUNCILMAN FERONE  Remind the public to adhere to the speed limit signs and be aware the days are getting shorter, getting dark earlier and school children/pedestrians are walking on the roads. WARD IV – COUNCILWOMAN SWITZER th  Thanked the Supervisor for the opportunity to represent the Town on Saturday September 14 at the local National Guard Armory of the Med Corp. I have two active duty military, one is actually deployed right now to Kosovo who’s in the National Guard so I want to recognize all of the men and women who are over there, many of them are local and some are regional. I’d like to give a reminder that this is an asset that we have in our own back yard and if one has an opportunity, they should stop over to see it. rdrd SUPERVISOR STROUGH - Report to Community and Board – August 23 – September 23  Recognized the recent wonderful Balloon Festival and give credit to the committee members who put such a great event together. I want to recognize and thank all of the emergency services that were there volunteering their time as well  Attended the Assembly Point Water Quality Coalition Social at the Cleverdale store.  Held meeting with Senior Planner Stu Baker to discuss the Halfway Feeder Connector Trail. Senator Betty Little has allocated a $150,000 dollar grant money to the formation of the trail.  Held meeting regarding grant funds and the mission of creating a master action plan for Lake George.  Attended the Senior Luncheon Celebration and gave a speech of appreciation for all those over 90 years of age.  Attended the Warren County Cornell Cooperative Extension Golf Fund Raiser.  Held meeting with CSEA President Susan Sheehan to overview each of our proposed changes st to the current contract which term ends on December 31 2019. th  Reviewed Monday August 26 Workshop Agenda.  Councilwoman Switzer and I conducted a Big Boom Road visit to assess the sidewalk creation and linkage.  Conducted several Department Manager’s meetings to discuss budgets.  Met with Attorney Jon Lapper to discuss Hudson Pointe PUD.  Met with a resident about a nuisance law to consider adding fireworks.  Met with Chazen Engineering about a stormwater issue and Rockhurst sewer engineering and map, plan and report. They will be giving us a proposal.  Spoke with Warren County DPW Kevin Hajos to clean up the exit 18 detention basins which they did, so thank you very much Warren County DPW.  Attended Occupancy Tax and Tourism committee meetings.  Met with Chris Round to discuss Halfway Feeder Connector Trail.  Met with Hyde Collections Executive Director Norm Dascher to discuss the role that the Hyde Collection plays in our regional community.  Spoke to Spectrum about coverage issues.  Met with resident about beaver dams in the rush pond area.  Helped Dave Wick and the others do the Lake George Asian Clam survey.  Attended West Glens Falls Fire Department’s life member day.  Closed on Town owned property that sits adjacent to Saratoga Hospital’s proposed medical center.  Attended discussion at the County about 275 Bay Road, the Mullen (?) Building.  Councilwoman Switzer and I met with West Glens Falls Fire Company leaders to discuss their budget.  Conducted site visit at 7 Stephanie Lane with Councilwoman Switzer and Deputy Supervisor Mark Benware.  Met with Joan Grishkot of the Balloon Festival Committee, who along with her husband founded the Balloon Festival some forty-seven years ago. th  Reviewed Monday September 16 Workshop Agenda.  Held second meeting of the Lower Watershed Recreation Management Plan Committee. Regular Town Board Meeting, 09-23-2019, Mtg #29 176  Attended demonstration of Papercut Software with National Business Technologies.  Attended Employee Safety Committee Meeting.  Attended Sister Cities Balloon Team barbecue.  Hosted the Saga City Balloon crew and shared gifts.  Attended the ribbon cutting at the new Marriot Fairfield Inn.  Conducted site visit at 8 Pinewood Hollow Road with Councilman Ferone.  Recognized the introduction of the Balloon Festival held at Crandall Park and at downtown City of Glens Falls, noting it was well attended and a great success.  Attended County Committee meetings.  Volunteered early in the morning at the Balloon Festival as a parking traffic coordinator.  Attended the Hyde Collection’s Annual Gala held at the Hyde building.  Attended the Hudson Headwaters Annual Recognition Gala held at the Sagamore.  Participated in a webinar on hot topics in public sector labor relations and collective bargaining agreements. We looked at trends in health insurance, salaries, voting leave, cancer screening leave, paid family leave, body cameras, medical marijuana and Taylor Law Amendments.  Met with Spencer Montgomery and Councilman Metivier to discuss some West Mountain Ski Center issues.  Thanked Town Counsel Bob Hafner and Town Clerk Caroline Barber, Town Board and members of the public. Thanked Look TV and the town sponsors. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 326, 2019 INTRODUCED BY: Mrs. Catherine Atherden WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. rd Duly adopted this 23 day of September, 2019, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY SPECIAL TOWN BOARD MEETING, 09-30-2019, MTG #30 177 SPECIAL TOWN BOARD MEETING MTG#30 TH SEPTEMBER 30, 2019 RES# 306 6:05PM BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILWOMAN JENNIFER SWITZER BOARD MEMBERS ABSENT COUNCILWOMAN CATHERINE ATHERDEN COUNCILMAN GEORGE FERONE PRESS POST STAR SUPERVISOR STROUGH-Called meeting to order…. DISCUSSION:  EDC Update 1. Ed Bartholomew  Update on Department of State Grant C1000678 Comprehensive Watershed Management Plan for Lake George 1. Chris Belden, Warren County Planner 2. Alison Hargrave-Gaddy, LC-LGRPB Senior Planner 3. Carol Collins  Major Jim LaFarr- Meet & Greet  Municipal Waste Reduction and Recycling State Assistant Grant 1. Kathy Bozony  Other Discussion Items: 1. Short Term Rental Law 2. HR RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 306, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 30 day of September 2019, by the following vote: AYES: Mr. Metivier, Mrs. Switzer, Mr. Strough NOES: None SPECIAL TOWN BOARD MEETING, 09-30-2019, MTG #30 178 ABSENT: Mrs. Atherden, Mr. Ferone Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I