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01-13-2020 MTG #3 Regular Town Board Meeting, 01-13-2020, Mtg #3 384 REGULAR TOWN BOARD MEETING MTG# 3 TH JANUARY 13, 2020 RES# 45-64 7:05 P.M. BOH# 1-3 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE BOARD MEMBER ABSENT COUNCILWOMAN JENNIFER SWITZER TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order… PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 45, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 13 day of January, 2020 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mrs. Switzer Supervisor Strough welcomed new Town Board Member, Harrison Freer. Councilman Freer-Thank you, it’s an honor to be here. RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF PAUL DERBY RESOLUTION NO.: BOH 1, 2020 INTRODUCED BY: Mr. George Ferone Regular Town Board Meeting, 01-13-2020, Mtg #3 385 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 Queensbury Town Code Chapter 136 “Sewers and Sewage Disposal” to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Paul Derby (Applicant) seeks to install an Onsite Wastewater Treatment System on property located at 31 Canterbury Drive, Queensbury (Tax Map No.: 289.17-1-22), which requires the issuance of a Septic Disposal Permit pursuant to Chapter 136, and WHEREAS, the Applicant has applied to the Local Board of Health for variances from Chapter 136 to allow for the following deviations from the provisions of that Chapter: 1. Dispersal System to be 38’ from the well instead of the required 100’ setback; 2. Dispersal System to be 38’ from Glen Lake instead of the required 100’ setback; 3. Dispersal System to be 5’ from the north property line instead of the required 10’ setback; 4. Clarus Fusion System to be 1’6” from the foundation instead of the required 10’ setback; 5. Pump Station to be 1’6” from the foundation instead of the required 10’ setback; and 6. PERC and deep hole tests performed outside of the required time period; NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing th on Monday, January 27, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Paul Derby’s sewage disposal variance application concerning property located at 31 Canterbury Drive, Queensbury (Tax Map No.: 289.17-1-22) 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’ of the applicant’s property as required by law. th Duly adopted this 13 day of January, 2020, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES : None ABSENT: Mrs. Switzer Regular Town Board Meeting, 01-13-2020, Mtg #3 386 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF KATHY SANDERS RESOLUTION NO.: BOH 2, 2020 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, Kathy Sanders (Applicant) has applied to the Local Board of Health for a variance from Chapter 136 to install a leaching system 85’ from the well in lieu of the required 100’ setback on property located at 119 Birdsall Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing th on Monday, January 27, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Kathy Sanders’ sewage disposal variance application concerning property located at 119 Birdsall Road, Queensbury (Tax Map No.: 289.17-1-42) 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’ of the applicant’s property as required by law. th Duly adopted this 13 day of January, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Switzer RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 3, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION Regular Town Board Meeting, 01-13-2020, Mtg #3 387 SECONDED BY: Mr. George Ferone RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 13 day of January, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mrs. Switzer 2.0 PUBLIC HEARINGS 2.1 PUBLIC HEARING – West Glens Falls Emergency Squad, Inc. Proposal to Purchase Ambulance and Authorizing Incurrence of Tax-Exempt Financing/Debt for Such Purpose NOTICE SHOWN PUBLICATION DATE: December 6, 2019 SUPERVISOR STROUGH reviewed proposal of purchase and financing agreement. COUNCILMAN FERONE noted as a former neighbor, that ambulance was used constantly so it makes sense that a 2010 ambulance would have received plenty of use and needs to be replaced. SUPERVISOR STROUGH noted that the department had close to four thousand calls in the year. This EMS Squad would not function without the volunteers that are involved so I would like to thank you all on behalf of the Town of Queensbury for everything you do. If anyone wants to say anything about this, I will now open the public hearing. No public comment. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING WEST GLENS FALLS EMERGENCY SQUAD, INC.’S PROPOSAL TO PURCHASE AMBULANCE AND AUTHORIZING INCURRENCE OF TAX-EXEMPT FINANCING/ DEBT FOR SUCH PURCHASE RESOLUTION NO.: 46, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, in accordance with New York State Public Health Law Article 30, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for general emergency ambulance services within the Town, which Agreement sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and Regular Town Board Meeting, 01-13-2020, Mtg #3 388 WHEREAS, the Squad advised the Town Board that the Squad wishes to trade-in its 2010 ambulance 710 and purchase a 2019 Chevy K-3500 Chassis Ambulance with a Demers MXP-150 Conversion Box at a purchase price not to exceed $186,998, and WHEREAS, the trade-in value of the ambulance being replaced will be $10,000, bringing the new ambulance’s purchase price down to $176,998, and WHEREAS, the Ambulance will be owned and used by the Squad to provide general emergency ambulance services to the Town and maintained at the Squad’s building located at 86 Luzerne Road in the Town of Queensbury, New York, and WHEREAS, the Squad plans on paying for the proposed, new Ambulance by using: 1. $ 30,000 – cash down payment from its current budget; and 2. $146,998 maximum amount of tax-exempt financing having a 72 month term with the Adirondack Trust Company; and WHEREAS, Town Board approval of this proposed purchase is required by the Squad’s Agreement with the Town, and the proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and th WHEREAS, on Monday, January 13, 2020, the Town Board held a public hearing concerning the Squad’s proposed purchase and tax-exempt financing as required by the Squad’s Agreement with the Town and the Internal Revenue Code and heard all interested persons, and WHEREAS, the Town Board believes that this new Ambulance will provide additional safety protection for the Town and also believes it to be necessary, financially beneficial and in the public interest to consider such financing, and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Ambulance purchase and the Squad’s corresponding incurrence of tax-exempt debt and financing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad, Inc.’s proposal to purchase a 2019 Chevy K-3500 Chassis Ambulance with a Demers MXP-150 Conversion Box as set forth in the preambles of this Resolution for an amount not to exceed $186,998, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Squad’s incurrence of Regular Town Board Meeting, 01-13-2020, Mtg #3 389 approximately $146,998 maximum amount in debt for such purchase with the understanding that the Town Board is relying upon the Squad’s assurance that the Ambulance is serviceable and suitable for its long-term intended use, and approves of the tax-exempt financing with the Adirondack Trust Company for the purpose of purchasing the new Ambulance and associated equipment, with such tax-exempt financing having a 72 month term, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Squad nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 13 day of January, 2020 by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer 2.2 PUBLIC HEARING – Proposed Local Law No. ___ 2020 Amending Queensbury Town Code Chapter 137 NOTICE SHOWN PUBLICATION DATE: December 20, 2019 SUPERVISOR STROUGH reviewed proposed Town Code amendments. COUNCILMAN FREER congratulated previous Town Board for taking the lead on this issue regionally, this was a big first step and a well needed step and I think there will be future discussions on where we take this next. SUPERVISOR STROUGH opened the public hearing. Any member of the public wish to speak to this resolution amending our Local Law, Chapter 137? No public comment. PUBLIC HEARING CLOSED RESOLUTION ADOPTING LOCAL LAW NO.: 1 OF 2020 AMENDING QUEENSBURY TOWN CODE CHAPTER 137 RESOLUTION NO.: 47, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION Regular Town Board Meeting, 01-13-2020, Mtg #3 390 SECONDED BY: Mr. George Ferone WHEREAS, by Local Law 2 of 2018, the Queensbury Town Board adopted its “Septic Inspection Upon Property Transfer” which is set forth at Chapter 137 of the Queensbury Town Code, and WHEREAS, at that time, the Town Board determined that there would be no significant adverse environmental impacts resulting therefrom, and WHEREAS, by Local Law No. 5 of 2019, the Town Board amended Chapter 137 to add an additional exemption in cases where property owners and/or prospective purchasers already know or believe that the on-site wastewater treatment system (OWTS) would not pass inspection and where the System is to be replaced within six (6) months of the property transfer at issue, and WHEREAS, the Town Board wishes to consider additional amendments of Chapter 137 to clarify requirements pertaining to inspection procedures, minimum septic tank capacity, holding take components and the circumstances under which the requirements of the Chapter are inapplicable or subject to waiver, and WHEREAS, a public hearing on proposed Local Law No.: 1 of 2020 was duly noticed and th on Monday, January 13, 2020 was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that Local Law No.: 1 of 2020 constitutes a minor modification of a previously reviewed SEQRA Action which will not result in any new, different or additional environmental impacts which were not previously analyzed and, therefore, no additional SEQRA Review is warranted, and BE IT FURTHER, RESOLVED, that Local Law No.: 1 of 2020 is hereby adopted, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and/or Town Counsel to execute any required documents and take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 13 day of January, 2020, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT : Mrs. Switzer LOCAL LAW NO.: 1 OF 2020 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 137 “SEPTIC SYSTEMS” ARTICLE I Regular Town Board Meeting, 01-13-2020, Mtg #3 391 “SEPTIC INSPECTION UPON PROPERTY TRANSFER” BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: Section 1. Authority – This Local Law is adopted pursuant to Article 16 of the Town Law and Article 3 of the Public Health Law Section 2. Queensbury Town Code by replacing Section 137-4 (B)(1) is hereby replaced with the following: (1) Prior to any conveyance of real property in the Town of Queensbury Waterfront Residential (WR) Zone where the property utilizes an on-site wastewater treatment system (OWTS), the OWTS must be inspected by the Town of Queensbury Building and Codes Enforcement Office (herein referred to as the "Building and Codes Enforcement Office"). The inspection shall include a septic tank pump out by a NYSDEC registered septic hauler and all seepage pits and septic drainfield distribution boxes (D-box) accepting effluent from a septic tank must be uncovered and opened by the property owner or their agent prior to inspection. The property transfer inspection and pump out shall be arranged by the property owner as early in the conveyance of real property process as possible in order to obtain an accurate and timely assessment of the OWTS. Upon submission of a complete Application to the Building and Codes Enforcement Officer and payment of the applicable fee, the property owner must make arrangements to schedule the inspection with no less than 48 hours' advance notice and shall coordinate with the septic hauler to be on site simultaneously. The cost of the inspection, as set forth in the Town's Fee Schedule Ordinance, shall be paid to the Town of Queensbury prior to the inspection. Inspections must be undertaken within one year of the Application or a renewal Application with payment of the associated fee will be required. Section 3. Queensbury Town Code Section 137-4 (B)(5)(a) is hereby replaced with the following: (a) All septic tanks and holding tanks must be within 250 gallons of the minimum volume requirement; minimum volume includes bedrooms, rooms used for sleeping, Jacuzzi tubs and garbage grinders. Section 4. Queensbury Town Code Section 137-4 (B)(5)(b) is hereby replaced with the following: (b) All holding tanks shall be equipped with a float switch with a 50% level alarm, and a 100% high level alarm located in a conspicuous place to indicate when pump out is necessary and a water shut-off device. A copy of pump out records shall be submitted during the inspection prior to conveyance of real property; Regular Town Board Meeting, 01-13-2020, Mtg #3 392 Section 5. Queensbury Town Code Section 137-4 (C)(1) is hereby replaced with the following: (1) The property to be sold or transferred will not be inhabited, and the new owner plans to demolish the existing structure and remove the OWTS within six (6) months. In order to qualify for the exemption, a notarized affidavit must be submitted to the Building and Codes Enforcement Office stating that the dwelling will not be inhabited and that it will be demolished and the OWTS fully removed within six (6) months. In addition, a check payable to the Town of Queensbury in the amount of $2,000 must accompany the notarized affidavit. Such funds will be held in a non-interest-bearing escrow account and will be released upon confirmation that demolition and removal have been timely carried out. Failure will result in forfeiture of the deposit pursuant to Section 137-4 (C)(6) unless an appeal to the Town Board is timely made pursuant to Section 137-5, in which case the Town Board may grant an extension. Section 6. Severability – The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 7. Repealer – All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. Section 8. Effective Date – This Local Law shall be effective upon filing by the New York State Department of State. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT 3 MIN) - NO PUBLIC COMMENT 4.0 RESOLUTIONS RESOLUTION AUTHORIZING BANKING TRANSACTIONS AND INTERNET-BASED FINANCIAL INVESTMENT SERVICES FOR YEAR 2020 RESOLUTION NO.: 48, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, New York State Town Law Paragraph 64, Subdivision 1, requires the Town Board to annually designate its Depositories for Town Funds, and WHEREAS, in accordance with New York State General Municipal Law §5-a and §10 and Town Law §64, it is the duty of the governing boards of local government to adopt a system of Regular Town Board Meeting, 01-13-2020, Mtg #3 393 internal controls for the documentation and reporting of all transfers or disbursements of funds accomplished by electronic or wire transfer, and WHEREAS, in accordance with prudent business and cash management practices the Queensbury Town Board wishes to formally specify the authorities under which business may be transacted with these Depositories, and WHEREAS, the Town previously received agreements providing for Internet-based banking services entitled: 1. Internet Banking and Bill Paying Service Agreement; 2. ACH Agreement; 3. Wire Transfer Agreement (Governmental); and 4. New York Cooperative Liquid Asset Securities System (NYCLASS) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the following actions for the year 2020: 1. The following individuals, in their official capacities, are authorized to transact the financial and banking business of the Town of Queensbury in accordance with all applicable laws and organization documents, and the specific authorities granted by this Resolution: John F. Strough, Supervisor Barbara Tierney, Town Budget Officer Joanne Watkins, Town Accountant Maura C. Mellon, Senior Account Clerk 2. The following Financial Institutions have applied and consented to serve as Depositories of Town funds and have executed a Third Party Custodian Agreement satisfactory to the Town Budget Officer/Accountant and Town Counsel and are hereby designated as approved Depositories: Glens Falls National Bank and Trust Company and New York Cooperative Liquid Asset Securities System (NYCLASS) 3. The Town Supervisor, Town Budget Officer and Accountant, or any one of them, is/are hereby authorized to initialize opening a bank account or accounts from time to time with authorized banks and their affiliates for and in the name of the Town of Queensbury with such title or titles as he/she may designate, and to execute depository contracts that comply with Town Policy and operating procedures. Regular Town Board Meeting, 01-13-2020, Mtg #3 394 To finalize any new account, all Town Board members need to execute the appropriate documentation required by the Financial Institution, including, but not limited to, signature cards. 4. The maximum FDIC insured amount which may be kept on deposit at each Financial Institution at any time is $250,000. The amount over and above FDIC insurance of $250,000 which may be kept on deposit at each bank is limited the value of approved collateral, calculated in accordance with Regulations of the New York State Comptroller, pledged to secure Town deposits and deposited with the designated Third Party Custodian. 5. The Town Supervisor, Town Councilperson and their successors and any other person authorized by statute, regulation or Court Order on behalf of the these authorized persons, is/are hereby authorized to sign, by hand or by facsimile (including, but not limited to, electronically generated) signatures(s), checks, drafts, acceptances and other instruments. Two signatures shall be required on any checks, drafts, acceptances and other instruments. The signature of the Town Supervisor or a Councilperson in his absence, and that of one Councilperson shall be required. 6. The Town Supervisor, Town Budget Officer, Town Accountant and Town Senior Account Clerk are authorized singly, within the Town’s operational procedures, to initiate Automated Clearing House debits without signature; initiate payment by use of Depository Transfer Checks without a signature; or give instructions, by means other than the signing of an item, with respect to any account transaction, including the payment transfer or withdrawal by wire, computer or other electronic means. Any and all transactions will be signed off by the Town Supervisor upon completion of the transaction. 7. The Town Supervisor, Town Budget Officer and Town Accountant are hereby authorized without further action of the Town Board to execute such Financial Institutions’ regular forms establishing procedures for call-back verifications and written confirmations in connection with payment orders, thereby designating one or more individuals, whether or not such individuals be designated as “Authorized Persons”, for the purpose of the verification of payment orders and issuance of written confirmations. 8. The Town Clerk and/or Deputy Town Clerk(s) is/are hereby authorized and directed to certify to Authorized Bank Depositories Company and New York Cooperative Liquid Asset Securities System (NYCLASS) under the seal of the Town of Queensbury the effect of this Resolution, the names of the officials, authorized persons and other representative of the Town of Queensbury and any changes from time to time of these officials, authorized persons and representatives, and specimens of their respective signatures. and Regular Town Board Meeting, 01-13-2020, Mtg #3 395 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that: 1. Glens Falls National Bank and Trust Company (Bank) Company and New York Cooperative Liquid Asset Securities System (NYCLASS) are designated to provide the computer-based financial accommodations indicated in this Resolution. 2. This Resolution shall continue to have effect until express written notice of its rescission or modification has been received and recorded by such Financial Institutions. Any and all prior Resolutions adopted by the Town Board and certified to the Financial Institutions as governing the operation of the Town’s accounts are in full force and effect until the Financial Institution receives and acknowledges an express written notice of its revocation, modification or replacement. Any revocation, modification or replacement of a Resolution must be accompanied by documentation, satisfactory to the Financial Institutions, establishing the authority for the changes. 3. The signature of an Agent named on this Resolution is conclusive evidence of his authority to act on behalf of the Town. Any Agent, so long as he acts in a representative capacity as Agent of the Town, is authorized to make any and all other contracts agreements, stipulations and orders which he may deem advisable for the effective exercise of the powers indicated above, from time to time with such Financial Institutions, subject to any restrictions on this Resolution or otherwise agreed to in writing. 4. All computer Financial Institution transactions, if any, by or on behalf of the Town prior to the adoption of this Resolution are hereby ratified, approved and confirmed. 5. The Town agrees to the terms and conditions of the Cash Management Internet Banking Services Agreement – Governmental and the ACH Agreement Governmental Customer Agreement for Electronic Payment Services, the Wire Transfer Agreement (Governmental) Company and the New York Cooperative Liquid Asset Securities System (NYCLASS) Cooperative Investment Agreement and authorizes any Agent named above to execute such Agreements and deliver them to the Financial Institution. The Town authorizes the Financial Institutions, at any time, to charge the Town for all checks, drafts or other orders for the payment of money that are drawn on the Financial Institution so long as they contain the required number of signatures for this purpose. 6. The Town acknowledges and agrees that the Financial Institution may rely on alternative signature and verification codes to or obtained from the Agents named Regular Town Board Meeting, 01-13-2020, Mtg #3 396 in this Resolution. The term “alternative signature and verification codes” includes, but is not limited to, ID numbers and personal identification numbers (PIN) to be used by the Agents to access Internet banking services. The Financial Institution shall have no responsibility or liability for unauthorized use of alternative signature and verification codes unless otherwise agreed to in writing. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town of Queensbury’s Accounting Office to adopt a system of internal controls for the documentation and reporting of all transfers or disbursements of funds accomplished by electronic or wire transfer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Accountant to take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 13 day of January, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. Strough NOES : None ABSENT: Mrs. Switzer ABSTAIN: Mr. Metivier RESOLUTION AUTHORIZING HIRING OF ROBERT METIVIER AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT TO PERFORM INSPECTIONS FOR SHORE COLONY WATER DISTRICT RESOLUTION NO.: 49, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Water Superintendent has requested Town Board authorization to hire a part time, Temporary Laborer to work for the summer for the Town’s Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements, and Regular Town Board Meeting, 01-13-2020, Mtg #3 397 WHEREAS, funds for such position have been budgeted for in the 2020 Town Budget, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives and Robert Metivier is the brother of Town Councilperson Anthony Metivier, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Robert Metivier as a part time, Temporary Laborer to work for the summer in the Town’s Water Department to perform inspections at Shore Colony to meet New York State Department of Health stst requirements, commencing on or about May 1, 2020 and ending on or about October 31, 2020 at a rate of $15 per hour to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 13 day of January, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: Mrs. Switzer ABSTAIN: Mr. Metivier RESOLUTION SETTING PUBLIC HEARING ON 2020 – 2022 FIRE PROTECTION SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 50, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the West Glens Falls Volunteer Fire Co., Inc. have negotiated Regular Town Board Meeting, 01-13-2020, Mtg #3 398 terms for a new three (3) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning the proposed 2020-2022 Agreement for fire protection services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed 2020-2022 fire protection services Agreement between the Town of Queensbury and the th West Glens Falls Volunteer Fire Co., Inc., on Monday, January 27, 2020 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 13 day of January, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING INCREASE FOR SERVICES PROVIDED BY EDWARD & THOMAS O’CONNOR, INC., RELATED TO THE REPAIR OF THE SHUT-OFF VALVE TO ALDI’S MARKET ON QUAKER ROAD RESOLUTION NO.: 51, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 356,2019, the Queensbury Town Board authorized engagement of the services of Edward & Thomas O’Connor, Inc. (O’Connor) to repair a 6” shut-off valve to Aldi’s Market located on Quaker Road for the amount of $13,000, and WHEREAS, the Water Superintendent has advised that the underground conditions were tougher than anticipated due to the unexpected presence of two (2) huge thrust blocks which required overtime to remove, and O’Connor was at the site the next day to clean up and demobilize Regular Town Board Meeting, 01-13-2020, Mtg #3 399 from the site, and WHEREAS, O’Connor provided such extra services to the Town without applying a 15% mark up to its labor and equipment rates, and WHEREAS, O’Connor provided these additional services above and beyond the scope of the previously authorized services for an additional amount of $4,747 for a total project cost of $17,747 as set forth in O’Connor’s 11/30/2019 Invoice No. 2238 presented at this meeting, and WHEREAS, the Town Board wishes to authorize payment to O’Connor for these additional services in the amount of $4,747, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies the additional services provided by Edward & Thomas O’Connor, Inc. (O’Connor) to repair a 6” shut-off valve to Aldi’s Market located on Quaker Road for the additional amount of $4,747 for a total project cost of $17,747 as set forth in O’Connor’s 11/30/2019 Invoice No. 2238 presented at this meeting and as set forth in this Resolution to be paid for from Misc. Contractual Account No.: 040-8340-4400, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer of $4,747 from the Water Department’s Undesignated Fund Balance to Misc. Contractual Account No.: 040-8340-4400 to fund such additional work, 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, Town Water Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 13 day of January, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING LICENSE AGREEMENT FOR Regular Town Board Meeting, 01-13-2020, Mtg #3 400 TEMPORARY USE OF GURNEY LANE RECREATION AREA RESOLUTION NO.: 52, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury owns and operates a Town Park known as the Gurney Lane Recreation Area (Park), and WHEREAS, the Under the Woods Foundation, Inc. (Foundation) wishes to host a fat tire and snow shoe race at the Park known as the Churney Gurney Winter Race and wishes to make beer available to the public at the Race to be conducted in January 2020, and WHEREAS, the Foundation and the Common Roots Brewing Company (Common Roots) have agreed that Common Roots will provide the beer and oversee its sale to the public, and WHEREAS, the Town Board has determined that the proposed activities are in furtherance of a proper Town purpose and the goals of the Town’s Department of Parks and Recreation, and WHEREAS, the parties wish to enter into a License Agreement setting forth the rights and responsibilities of each in connection with the Race and the sale of beer at the Park, and WHEREAS, a copy of a proposed License Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs the Town Supervisor to execute the License Agreement for Temporary Use of Gurney Lane Recreation Area between the Town of Queensbury, Under the Woods Foundation, Inc., and Common Roots Brewing Company substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Counsel, Town Budget Officer and/or Director of Parks and Recreation to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 13 day of January, 2020 by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None Regular Town Board Meeting, 01-13-2020, Mtg #3 401 ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING INCREASE OF PETTY CASH ALLOTMENT IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 53, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, certain Departments of the Town of Queensbury are allotted petty cash in order to purchase necessities such as postage or supplies on a more timely basis, and WHEREAS, the Town Highway Superintendent has requested an increase in the Highway Department’s petty cash allotment from $200 to $500, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an increase in the Town Highway Department’s petty cash allotment from $200 to $500, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent 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 13 day of January, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING PAYMENT TO THE FUND FOR LAKE GEORGE FOR LIVE EDGE PLOW PURCHASED BY HIGHWAY DEPARTMENT IN CONNECTION WITH THE LAKE GEORGE WATERSHED PRIORITY ACTION PLAN IMPLEMENTATION VILLAGE OF LAKE GEORGE GRANT #C1000532 RESOLUTION NO.: 54, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone Regular Town Board Meeting, 01-13-2020, Mtg #3 402 WHEREAS, the Village of Lake George (Village) was awarded grant funds by the New York Department of State for a Project referred to as the Lake George Watershed Management Priority Action Plan Implementation – Village of Lake George – Grant #C1000532 (Grant), such Grant funds to reimburse the Village and local municipalities’ (Parties) actually paid Project costs, with the Parties, including the Town of Queensbury, to provide for and achieve matching funds or qualified matching services, goods or equipment, and WHEREAS, by Resolution No.: 202, 2019, the Queensbury Town Board authorized a Memorandum of Agreement (MOA) Relating to the Grant between the Village, Town and Parties providing for the acceptance of Grant funds, and WHEREAS, as part of this MOA, the Town agreed to contribute a match consisting of the purchase of equipment in order to receive a reimbursement of Grant funds for a Live Edge Plow, and WHEREAS, the Town was required to provide proof that the Town purchased such equipment, and WHEREAS, by Resolution No.: 322, 2019, the Town Board authorized the Town Highway Superintendent’s purchase of two (2) 2020 Ford F-350 Dump Trucks for an amount not to exceed the total amount of $102,943.10, which purchase served as the Town’s match of equipment for Grant reimbursement purposes, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to “piggyback” off an existing Bid and therefore in this instance, the Town of Queensbury is “piggybacking” with Warren County Bid #WC 66-19 for the purchase of equipment to further advance the Lake George Watershed Road Salt Reduction Program which included the Town of Queensbury receiving a Live Edge Plow, and WHEREAS, the Fund for Lake George was the successful bidder on the Live Edge Plow, and WHEREAS, the Town Board wishes to authorize payment to the Fund for Lake George in the amount of $16,455 for the Plow as set forth in the Fund for Lake George’s Invoice #: WarrenCo- 6 dated 11/21/2019 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes payment to the Fund for Lake George in the amount of $16,455 for the Plow as set forth in the Fund for Lake George’s Invoice Regular Town Board Meeting, 01-13-2020, Mtg #3 403 #: WarrenCo-6 dated 11/21/2019 and presented at this meeting to be paid from Highway Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED, that by meeting this match, the Town Board further authorizes:  the acceptance of Grant funds in the amount of $16,455;  an increase in Revenues in State Aid Account No.: 004-0000-53789 in the amount of $16,455;  an increase in appropriations in Highway Heavy Equipment Account No.: 004- 5130-2040 in the amount of $16,455, 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 and/or prepare any documentation necessary to effectuate payment, 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. th Duly adopted this 13 day of January, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING ENGAGEMENT OF QCQA LABS FOR SPECIAL INSPECTIONS AND TESTING SERVICES RELATED TO HIGHWAY GARAGE CAPITAL PROJECT RESOLUTION NO.: 55, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone Regular Town Board Meeting, 01-13-2020, Mtg #3 404 WHEREAS, by Resolution No.: 82, 2016, the Queensbury Town Board authorized establishment of the Highway Garage Capital Project and Highway Garage Capital Project Fund #208 and the engagement of C.T. Male Associates (C.T. Male) to evaluate the feasibility of the construction of a new Town Highway Garage (Project), and WHEREAS, by Resolution No.: 336, 2018, the Town Board authorized further engagement of C.T. Male for architectural services relating to the Preliminary Design Phase of the Project and by Resolution No.: 167, 2019, authorized engagement of C.T. Male for architectural and engineering services relating to the Design, Bid and Construction Administration Phase of the Project and C.T. Male accordingly prepared bid documents and specifications for the Project, and WHEREAS, by Resolution No.: 262, 2019, the Town Board authorized engagement of The Chazen Companies (Chazen) for professional services as Clerk of the Works for the Project, and WHEREAS, by Resolution No.: 362, 2019, the Town Board authorized the Town’s Purchasing Agent to advertise for bids for the Project and by Resolution No.: 414,2019, the Town Board awarded the bids for the Project to the lowest, responsible bidders in each Contract category, and WHEREAS, Chazen solicited proposals for Special Inspections and Testing Services as outlined in the Contract documents and as a result of its cost analysis of the three (3) received proposals, has recommended that the Town Board authorize engagement of QCQA Labs for the amount of $11,244 in accordance with QCQA Labs’ November 27, 2019 proposal as QCQA Labs would provide the best value for the scope of services needed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of QCQA Labs for Special Inspections and Testing Services as delineated in this Resolution for the amount of $11,244 in accordance with QCQA Labs’ November 27, 2019 proposal substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment shall be from Capital Construction Account No.: 208-1620-2899, 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 Regular Town Board Meeting, 01-13-2020, Mtg #3 405 documentation necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreements and further documentation, and the Town Supervisor, Highway Superintendent, Purchasing Agent and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 13 day of January, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT AREC 34, LLC’S PETITION FOR CHANGE OF ZONE APPLICATION TO QUEENSBURY PLANNING BOARD AND REQUESTING PLANNING BOARD TO SEEK LEAD AGENCY STATUS RESOLUTION NO.: 56, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, AREC 34, LLC submitted a zoning change application to the Queensbury Town Clerk’s Office on December 20, 2019 to allow for the addition of Interior Self Storage as an allowable use by Special Use Permit in the Commercial Light Industrial zoning district, and WHEREAS, Apex Capital, LLC has also submitted to the Town a site plan review application for adding new retail use, exterior storage structures and interior storage to the former Kmart property, and WHEREAS, the applications have been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for zoning changes and site plan review are subject to Warren County Planning Department review in accordance with §239-m of NYS General Municipal Law, and WHEREAS, applications for zoning changes that include projects requiring site plan review Regular Town Board Meeting, 01-13-2020, Mtg #3 406 may be forwarded to the Town Planning Board for recommendations in accordance with §179-15- 040 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the application and take such other action as it shall deem necessary and proper, and WHEREAS, prior to making a decision about whether to approve the zoning change, it is necessary to conduct a review under the New York State Environmental Quality Review Act (SEQRA), for potential environmental effects, and WHEREAS, the projects proposed with the zoning change application are also subject to SEQRA review and the Planning Board has the necessary knowledge and experience to conduct any necessary SEQRA review and evaluate the potential environmental impacts for both the proposed zoning change and the proposed project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to forward AREC 34, LLC’s application received by the Town Clerk’s Office on or about December 20, 2019 to the Queensbury Planning Board for SEQRA review, report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board hereby consents to the Planning Board acting as Lead Agency for any needed SEQRA review of this project, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any necessary documents and the Town’s Department of Community Development to notify, if and when appropriate, any other Involved Agencies of the Town Board’s consent to the Planning Board serving as Lead Agency for SEQRA Review of the project and the Town Supervisor, Town Clerk and/or Department of Community Development to take any other necessary actions to effectuate the terms of this Resolution. th Duly adopted this 13 day of January, 2020 by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Switzer Regular Town Board Meeting, 01-13-2020, Mtg #3 407 RESOLUTION AUTHORIZING NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION “FLOATING OBJECTS OTHER THAN AIDS TO NAVIGATION” PERMIT APPLICATION REGARDING SPEED LIMIT BUOYS IN DUNHAM’S BAY RESOLUTION NO.: 57, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Queensbury Town Code Chapter 55 “Boats,” Section 55-6 (E) establishes a five (5) mph speed limit in Dunham’s Bay on Lake George, and WHEREAS, the Dunham’s Bay Association (DBA) has advised that Dunham’s Bay has experienced ongoing problems with boaters exceeding the five (5) mph speed limit and therefore the DBA wishes to place three (3) additional speed limit buoys and possibly adjust the existing speed limit buoys in Dunham’s Bay as generally delineated on the map presented at this meeting, and WHEREAS, the New York State Navigation Law provides that placement of any buoys in the Bay requires a Navigation Law Floating Objects Permit (Permit) issued by the New York State Department of Environmental Conservation, which Permit must be applied for by and permitted to the Town, and WHEREAS, the DBA has advised that if the Town applies for the necessary Permit, the DBA will purchase the buoys/markers/chains/anchors, etc., and will annually install and maintain them in the Bay, and WHEREAS, Town Board wishes to authorize the Permit application and possible installation of the buoys consistent with the Town Code and Navigation Law, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the Queensbury Town Code and New York State Navigation Law, the Queensbury Town Board hereby authorizes submission of a New York State Department of Environmental Conservation “Floating Objects Other Than Aids to Navigation” Permit Application (Permit) regarding the proposed placement of three (3) additional five (5) mph speed limit buoys in Dunham’s Bay in Lake George as delineated in this Resolution, such Permit to be substantially in the form presented at this meeting, with the possible purchase, installation and maintenance of such buoys by the Dunham’s Bay Association, and BE IT FURTHER, Regular Town Board Meeting, 01-13-2020, Mtg #3 408 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute and submit the Application, along with a certified copy of this Resolution, to the New York State Department of Environmental Conservation and accordingly advise the Dunham’s Bay Association of this action, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 13 day of January, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION TO AMEND 2019 BUDGET RESOLUTION NO.: 58, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2019 Town Budget as follows: Regular Town Board Meeting, 01-13-2020, Mtg #3 409 To Code Appropriation Code Appropriation $ 001-1010-4090 Training 001-1010-1010 Salaries 375 001-1990-4400 Contingency 001-1315-4451 Computer Proc 2,500 001-1990-4400 Contingency 001-4020-4135 Staff Compensation 485 001-1410-4400 Misc. Contractual 001-1410-1010 Salaries 3,500 001-1410-4453 Records Restoration 001-1410-1010 Salaries 1,500 001-1990-1010 Contingency 001-1410-1010 Salaries 4,000 001-1990-4400 Contingency 001-3410-1010 Salaries 7,000 001-1990-4400 Contingency 001-3510-4414 Community Svc. 7,000 001-1990-4400 Contingency 001-3620-1010 Salaries 31,000 001-1990-4400 Contingency 001-7020-1010 Salaries 9,000 001-7020-4400 Misc. Contractual 001-7110-1010 Salaries 3,000 001-7110-4400 Misc. Contractual 001-7110-1010 Salaries 1,200 001-7510-4400 Misc. Contractual 001-7110-1010 Salaries 2,000 001-1990-4400 Contingency 001-7110-1010 Salaries 9,000 001-8020-4090 001-8020-1010 Salaries Training 1,900 002-8810-4070 Bldg. Repair 002-8810-1010 Salaries 7,000 002-9060-8040 Health Insurance 002-8810-1010 Salaries 16,000 002-9010-8010 NYS Retirement 002-9030-8030 Social Sec. 1,200 004-9010-8010 NYS Retirement 004-5130-4110 Vehicle Repair 8,000 004-9060-8060 Health Insurance 004-5142-4641 Snow & Ice Melt 53,000 004-9040-8040 Workers' Comp 004-5140-4009 Tree Trimming 4,400 009-8160-4110 Vehicle Repair 009-8160-1010 Salaries 5,000 020-0000-0909 Fund Balance 020-5182-4305 Street Lights 300 047-8310-4400 Misc. Contractual 040-1650-4100 Telephone 200 th Duly adopted this 13 day of January, 2020 by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ___ OF 2020 TO EXTEND TEMPORARY MORATORIUM ON INSTALLATION OF GROUND-MOUNTED SOLAR ENERGY SYSTEMS RESOLUTION NO.: 59, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: ___ of 2020 entitled, "A Local Law to Extend Temporary Moratorium on Installation of Ground- Mounted Solar Energy Systems for an Additional Two (2) Months” which Law shall authorize the extension of a temporary moratorium on the installation of ground-mounted solar energy systems located within all Town of Queensbury Zoning Districts for an additional two (2) months, through th April 5, 2020 or any earlier date that the Town Board adopts regulations relating to installation of Regular Town Board Meeting, 01-13-2020, Mtg #3 410 ground-mounted solar energy systems, whichever date comes first, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, January 27, 2020 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2020 in the manner provided by law and send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department, Town of Queensbury Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §264 and §265, the Town’s Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board hereby refers such proposed Local Law to the Warren County Planning Department and the Queensbury Planning Board for their advisory recommendations in accordance with General Municipal Law §239-m and Queensbury Town Code §179-15-020, and directs the Community Development Department to take all actions necessary to effect such referrals. th Duly adopted this 13 day of January, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT TH 34 ANNUAL SHAMROCK SHUFFLE ROAD RACE AND LEPRECHAUN LEAP CHILDREN’S FUN RUN Regular Town Board Meeting, 01-13-2020, Mtg #3 411 RESOLUTION NO.: 60, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury th Town Board to conduct its 34 Annual Shamrock Shuffle Road Race and Leprechaun Leap Children’s Fun Run to benefit the Warren-Washington Counties (Area 37) Special Olympics as follows: SPONSOR : The Adirondack Runners Club th EVENT : 34 Annual Shamrock Shuffle Road Race th DATE : Sunday, March 29, 2020 commencing at 10:00 a.m. PLACE : Beginning and ending at Glens Falls High School - course partially within the Town of Queensbury (Letter and maps depicting course attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proper proof th of insurance from the Adirondack Runners Club to conduct its 34 Annual Shamrock Shuffle Road Race and Leprechaun Leap Children’s Fun Run partially within the Town of Queensbury as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. th Duly adopted this 13 day of January, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY TOWARD COMBATING AQUATIC INVASIVE SPECIES IN GLEN LAKE RESOLUTION NO.: 61, 2020 INTRODUCED BY: Mr. Anthony Metivier Regular Town Board Meeting, 01-13-2020, Mtg #3 412 WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 523 of 2019, the Warren County Board of Supervisors authorized Agreements with certain Towns regarding funding earmarked for combating aquatic invasive species in publicly accessible water bodies other than Lake George in Warren County for the year 2020 including $25,000 in funding to the Town of Queensbury toward combating such aquatic invasive species in Glen Lake, and WHEREAS, the Town Board wishes to enter into such an Intermunicipal Agreement and accept such funds, and WHEREAS, such proposed Intermunicipal Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the “Intermunicipal Agreement between Warren County and the Town of Queensbury for Combating Aquatic Invasive Species in Glen Lake a Publicly Accessible Water Body Within the Town of Queensbury,” substantially in the form presented at this meeting regarding $25,000 in Warren County funding to the Town of Queensbury and authorizes and directs the Town Supervisor to execute such Agreement, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2020 Town Budget and increase revenue 051-0000-52189 and increase appropriation 051-8790-4400 by the $25,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer take any further action necessary to effectuate the terms of this Resolution. th Duly adopted 13 day of January, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN Regular Town Board Meeting, 01-13-2020, Mtg #3 413 COMPANIES FOR TECHNICAL SERVICES ASSOCIATED WITH DEVELOPMENT OF AN ENGINEERING REPORT AND MAP, PLAN AND REPORT RELATING TO PROPOSED ESTABLISHMENT OF NORTH QUEENSBURY/ROCKHURST SEWER DISTRICT RESOLUTION NO.: 62, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board is considering establishing a North Queensbury/Rockhurst Community Sewer District (District) in accordance with Article 12-A of New York Town Law, and WHEREAS, by Resolution No.: 270.2019, the Town Board accepted up to $25,000 in Grant funding from The Fund for Lake George toward establishment of the District to be used toward the cost of engineering studies and/or preparation of a Map, Plan and Report, and WHEREAS, the Town Board wishes to engage The Chazen Companies (Chazen) for technical services associated with the development of an Engineering Report and Map, Plan and Report for the proposed District for a sum not to exceed $61,620 in accordance with Chazen’s September 27, 2019, Revised December 19, 2019, proposal submitted at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of The Chazen Companies for technical services associated with the development of an Engineering Report and Map, Plan and Report regarding the establishment of a North Queensbury/Rockhurst Community Sewer District (District) for a sum not to exceed $61,620 in accordance with Chazen’s September 27, 2019, Revised December 19, 2019, proposal substantially in the form submitted at this meeting, and upon completion thereof to file the Map, Plan and Report in the Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that payment for The Chazen Companies’ services shall be paid from Engineering Account No.: 001-1440-4720-0038 and shall be reimbursed as a cost of the improvement to the extent designated by the Town Board if the District is established, and BE IT FURTHER, Regular Town Board Meeting, 01-13-2020, Mtg #3 414 RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2020 Town Budget by transferring $36,620 from Unappropriated, Undesignated Fund Balance to Engineering Account No.: 001-1440-4720-0038, make any adjustments, budget amendments, transfers or prepare any documentation necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Town Counsel and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and shall not take effect until such time as provided therein, and the Town Board authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law for Resolutions subject to permissive referendum. th Duly adopted this 13 day of January, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION APPROVING AUDIT OF BILLS - TH WARRANT OF JANUARY 14, 2020 RESOLUTION NO.: 63, 2020 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 thth Warrant with a run date of January 9, 2020 and a payment date of January 14, 2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date thth of January 9, 2020 and a payment date of January 14, 2020 totaling $663,163.42, and Regular Town Board Meeting, 01-13-2020, Mtg #3 415 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 13 day of January, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer 5.0 CORRESPONDENCE TOWN CLERK BARBER-Building and Codes Supervisor’s December Monthly Report has been received and is on file in the Town Clerk’s Office. 5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES)- NO PUBLIC COMMENT 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN FERONE (WARD III) Nothing to Report COUNCILMAN FREER (WARD II)  Stated the following: It is my honor to be here and I do have a few remarks as the new guy on the board. First, I want to thank everyone who voted for me and helped me get elected. Second, I want to thank the Town Board and the Town staff for their warm welcome that they provided. My first couple of weeks on the job have been fun and instructive. Two people I want to provide a special thanks for are Dave Bogue, Jr. and my wife Tricia who gave her blessing for me to take on this service. I’d also like to comment on how I intend to approach this responsibility. I endeavor to be a servant leader in my role on the Town Board. For me this philosophy is summed up in a serenity prayer, ‘God give me the patience to accept the things I can’t change, the courage to change the things I can and the wisdom to know the difference’. As I have already told Mr. Strough, I intend to be in the receive mode for the immediate future, try to better understand the issues facing the Town and how I might contribute to making things better. I have no delusions of solving world hunger or Middle East peace, I just want to leave the wood pile a little bigger than the way I found it. And as I’ve expressed to everyone that listened, I am of the mind that budget is important. I will ask a lot of questions, I am diving in to understand the budget more thoroughly and will continue to do so. I will also welcome input from citizens in our community with a special emphasis on those folks who live in Ward two. It is truly an honor and privilege to represent you and I look forward to your input. I actually had a meeting with two constituents this afternoon about better crosswalks and sidewalks in some places where kids walk to school. COUNCILMAN METIVIER (WARD I) Nothing to Report Regular Town Board Meeting, 01-13-2020, Mtg #3 416 SUPERVISOR STROUGH –  Reviewed the Christmas Tree Pickup schedule.  Noted the Town Board held their Organizational Meeting on January 1, 2020.  Noted that Warren County held their Organizational Meeting on January 3, 2020. th  Noted the Town Board Workshop held on January 6, 2020 and reviewed the topics discussed by the Board.  Presented Supervisor’s Report to the Board and community.  Listed some of the forthcoming projects that are before the Town Board: locating EV Charging Stations; progressing the Rockhurst Community Septic System; Stormwater improvements in Rockhurst, Assembly Point and Cleverdale; Completing the CSEA Contract; three EMS Contracts to execute; develop and improve a Stormwater Facilities Management Program; update and upgrade employee handbook; Human Resource arrangement; help to implement Glen Lake’s Integrated Environmental Action Plan; move forward our salt reduction program; expand our LED street lights; continue the re- work of our zoning and consider updating our comprehensive land use plan; reviewing LED signage; nuisance law; short-term rental law; expanding sidewalks; new traffic management programs along Route 9; researching a smart zone on Quaker Road; replacing and upgrading traffic signals on Quaker Road; completing a new highway garage and new salt barn; implementation of the 678 Grant, the Lake George Environmental Management Action Plan; completing the Halfway Brook Trail and Halfway Brook/Feeder Canal Connector Trail; completing a Lower Watershed Management Plan; completing the HVAC project. Those are just some of them, maybe half and working on the 2021 budget.  Thanked Look TV and sponsors. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 64, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 13 day of January, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mrs. Switzer RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY