Loading...
05-18-2020 MTG #17 REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 629 REGULAR TOWN BOARD MEETING MTG #17 May 18, 2020 RES #181-194 7:00 P.M. BOH #27-28 LL # 5 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE TOWN COUNSEL MARK SCHACHNER, ESQ. (remote) TOWN OFFICIALS CONNIE GOEDERT, CEMETERY SUPERINTENDENT PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order… PLEDGE OF ALLEGIANCE LED BY COUNCILMAN HARRISON FREER 1.0 BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 181, 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 18 day of May 2020 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JAMES AND PATRICIA ROUND RESOLUTION NO.: BOH 27, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 630 SECONDED BY: Mr. George Ferone 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, James and Patricia Round have applied to the Local Board of Health for variances from Chapter 136 to install a replacement absorption field: 1. 2’ from the northern property line in lieu of the required 10’ setback; 2. 2’ from the eastern property line in lieu of the required 10’ setback; and 3. 18’ from the structure in lieu of the required 20’ setback; on property located at 34 Pershing Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing st on Monday, June 1, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider James and Patricia Round’s sewage disposal variance application concerning property located at 34 Pershing Road in the Town of Queensbury (Tax Map No.: 302.14-1-74) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 18 day of May, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 631 ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 28, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 18th day of May 2020, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None 2.0 PUBLIC HEARINGS LOCAL LAW TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 115 ENTITLED “SHORT TERM RENTALS NOTICE SHOWN PUBLICATION DATE: MAY 8, 2020 SUPERVISOR STROUGH- Reviewed and explained the purpose of the Short Term Rental Law. Any thoughts on behalf of Town Board Members before I open the public hearing on this proposed law. Rose we do have a comment from one email. Would you please read that into the record? DEPUTY TOWN CLERK MELLON: Read the following letter: We are writing to express our objection to proposed new Chapter 115, “Short Term Rentals”, which is to be presented at a “public” meeting this evening, May 18, 2020. We’d be affected by the change, because we rent out our Cleverdale home (summer only) to tenants who’ve been with us for at least 15 years. Firstly, we don’t know how you can possibly consider this a public meeting when the public truly cannot attend. That seems very unfair on its face. Secondly, the timing is just plain awful. Not only does it come at a time when both landlords and tenants alike are still trying to figure out how rentals will work in the middle of a pandemic, but that aside, it’s also coming exactly 1 week before Memorial Day…a time that’s always been thought of as the beginning of the summer rental season. At this point in time, 2020 summer rents and leases have been long ago negotiated and signed by both landlords and tenants, and this change, if it goes into effect immediately, would require all parties to go back to the drawing board, rewrite the leases, and possibly make adjustments to the rents to accommodate the additional paperwork and just plain hassle created by the proposal. Please consider tabling this issue for now, and reopen it at a time in the future when you can conduct a truly public hearing to give those people affected a chance to express their opinion in person. Seriously, both landlords and tenants have enough to deal with right now without having to deal with a last minute change in rental conditions and terms…not to mention what this will do to the local economy as visitors to the area will find fewer and fewer homeowners willing to rent out their space. Signed: Peg and John Markert. REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 632 SUPERVISOR STROUGH-Is there anyone current here today that would like to speak to the Town Board for or against or share your thoughts about the proposed Short Term Rental Law? JENNIFER DOBKOWSKI-First of all, I would like to thank the Board for addressing this issue, for coming up with Phase One rules that we are looking to kind of get this handled, as it becomes more and more of an issue. I just wanted to share that my personal experience with the short term rentals. About seven years ago, my husband and I bought a house in a quiet residential neighborhood on a dead end, private road with one house beyond us. We researched the neighborhoods. I checked the sex offender registry because I have children. I might get a little crazy with that, but I want to keep my kids safe. We were happy with the neighborhood. We purchased this home. We have been living there seven years. We had also lived at some more heavily populated tourists areas and felt more comfortable over by the West Mountain Ski Center so that is where we chose to live. It is a little more isolated. Our neighbors are spread out, but we are friendly we look out for each other. However, back in September the house next door was purchased by a gentleman under his LLC to add to his portfolio of investments properties and resorts. He has been operating it as an Airbnb since December of 2019. I will give you a brief rundown of what we have gone through in those five short months, three of which, were basically winter, two of which were basically quarantined. December we had guests vomiting off the deck. Cars have been speeding up and down our dirt road ripping through our driveway when they are lost trying to find the rental house. Cars have been blocking the entrance to our private dirt road unsure of where the rental is. From March 17 to March 27, four different groups came and went. Three or four cars a pop. Cars from Vermont, Connecticut, New York, New Jersey. We isolated ourselves. We are very cognitive of people coming from various states not staying in quarantine. For the fourth group on the twenty-seventh they were playing very very loud music and very loud voices. It sounded like a big party going on. Had it been a neighbor who, I knew I would have knocked on the door particularly if it weren’t time of quarantine. I did not know who these people were. I didn’t know what the situation was. It sounded like a large party. Long story short. My husband sent a text to the owner at eleven thirty at night. He didn’t hear back. He sent a text at two a.m. He didn’t hear back. The music continued. My six year old came up at two a.m. to ask what the music was. Two thirty my husband called the owner. Did not have a response. At three o’clock called the Airbnb. Then we proceeded to hear the intercourse outside through our bedroom window, which was closed. Finally the owner texted after being contacted by the Airbnb and he was over in about a half an hour. He knocked on the door. We could hear him from our bedroom. He got them to stop the music, but the voices continued past four a.m. The owner admitted to us this should not happen a single time, that it wasn’t acceptable. That situation was behind us, but we lost our night’s sleep. He told us that was the last group coming until May because of the Pandemic. However, in April a car arrives from Florida. A woman two days later was walking her dog on my property, which I co-own with the owner of the property Brbnb. My husband just asked her nicely to put the dog on a leash. We are trying to keep him isolated with a lung disease that he has. He didn’t want the dog coming over on to our solely owned property. She responded very rudely. There are rude people unfortunately. A week later, a car from Ohio showed up. One of the few nice days, we had in April I had my kids outside, I sat in the hammock, was reading a book. My kids went in. The woman starts walking again on this piece of property that we co-own. In the interim the owner had texted us because the woman complained that my husband asked her to leash her dog. My husband said there are signs up in house, which the woman ignored and she knew she wasn’t supposed to walk him through. I’m there in my hammock. It was April 23, I asked her I said ma’am could you please put your dog on a leash. She proceeded to start yelling at me. I said ma’am, I am just asking you to put your dog on a leash. I was left to police and monitor the situation. My kids came out. She started cursing me out. Called me a hoe bag. I felt extremely threatened. My husband came out after hearing all the yelling. She charged onto our driveway. She said she is paying enough she can go wherever she wants. The owner did show up within twenty minutes. I called him immediately. I have to say he has been very responsive. He is a super host on Airbnb. He has spoken with us. He has been in communication. The problem is he cannot control who comes and rents his properties. These are people off a website. He can be the greatest host. He is not policing what is going on. He can post signs. We know people ignore signs. Anyway, this woman after cursing me out she was there for another ten days. I finally let my kids play outside, but I was very cautious making sure the woman wasn’t there. I heard her car engine start. My kids were on my front porch. My six and eleven year old. I told my boys I am just going to step inside because I don’t want there to be any kind of situation. They are on the porch. I go inside. My boys coming running in with eyes like dinner plates. My eleven year old said, Mom she gave us the finger. She gave my six and eleven year old boys the finger. We are living in the woods on a dead end road. What REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 633 recourse as a homeowner do I have? I felt imprisoned. I could not let my kids play on their swing set without breathing down their neck. So that was that situation. Next group was fine. There are three major issues that I think need to be addressed. Number one. Is the safety of children in these neighborhoods? I only can speak to the area in these platforms because that is all I have really dealt with. When a person makes a reservation through Airbnb that person cannot be a sex offender or felon is my understanding. The house next door can have up to ten people. Nine other individuals who did not make the reservation on the internet. There is no registration that these people have. That makes me very concerned as a parent. I do not know who is coming and going. Whoever is coming and going is changing every two to three days. In these case the nasty woman none. With the quiet hour situation. My kids go to bed fairly early. I would request personally that if we were going to have quiet hours they would start at eight pm during the school year. People on vacation tend to be a little more boisterous in my experience. An eight pm quiet time especially in a quiet neighborhood would be helpful. Airbnb in North America have had over seventy shootings in the last twelve months. I believe that is more than what there was in 2018 in schools. We look at everything that has been done in schools to protect children from this serious issue. There is really no way to monitor who is coming and going. You buy a home in a neighborhood and you control whatever factor you can. When there is constant rotation of strangers, you can’t let your kids play in the yard without being concerned. That is issue one the safety of the kids. Issue two. The loss of privacy. If there were a designated area within the Town of Queensbury that people could agree short-term rentals could be a possibility I think that would be a reasonable thing. If people wanted to rent out a bedroom in their home at least they are there supervising. They can advise people don’t do a turn around here pick up after your dog. So that the actual neighbors have to police. The third issue. When we moved into the neighborhood, I checked with zoning. I am a licensed massage therapist. I asked about running a business from my home. I was told as long as you didn’t have signage if was kind of okay as long as you didn’t disturb the neighbors. I opted not to do that because I didn’t want to inconvenience my neighbors. I only would had three or four cars a day maximum. This is a business. It is running twenty-four hours a day. Three hundred sixty five days a year. It seems to have gotten through the residency loopholes. I think that needs to be addressed. Either find a way to control all businesses or allow all businesses to operate in residential areas. If we are going to allow short-term rentals to do that, I think we need to allow everybody else to do it as well. I do not think that should be the case. If there were a way to limit the areas or at least give homeowners a break for a couple months where homes were not being rotated constantly. I think that would be something that would make it more reasonable for the neighbors. Not constantly be worried when you hear a car come down. SUPERVISOR STROUGH-Jennifer. Does that LLC that is renting the property next to you have a set of rules and regulations that the renters are exposed to? MRS. DOBKOWSKI-Yes. There are rules posted on the business website the Airbnb website. The owner has told us that he has signs through the interior of the house. I believe there is a sign on the exterior of the house as well. I haven’t approached to see what that says. If you go on his business listing, I have to say he has been updating things. He says no parties. He says no this, no that. He has been updating them. It is a lot to read and people don’t follow rules. SUPERVISOR STROUGH-What we are proposing is it going to be better than what we have now. MRS. DOBKOWSKI-Absolutely. SUPERVISOR STROUGH-The other thing is that the person that you contacted with the problem has to be on the site within one hour. The penalties are nine hundred and fifty dollars per incident. That should have a little bit of a bite with this individual to make sure that they respond more efficiently to your concerns. MRS. DOBKOWSKI-I agree. SUPERVISOR STROUGH-I think all your concerns are legitimate. The thing too is that we start with a law and then we amend it and mold it as we start to see situations. You made some suggestions. I just want to tell you that those suggestions were duly noted. MRS. DOBKOWSKI-Thank you. REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 634 SUPERVISOR STROUGH-I will ask any Town Board members do you have any questions for Jennifer? COUNCILMAN FERONE-Again it is very good after thought in terms of what you saw in our law in adding some of your thoughts and ideas of what you experienced will help us in the long run. MRS. DOBKOWSKI-If I could just add. In terms of the safety issue. I think there has to be something in place when particularly the child is harassed to have an immediate eviction and a very substantial fine or penalty for the homeowner as well as the resident. SUPERVISOR STROUGH-I don’t blame you for your concern. If I had kids next to a short-term rental, I would be very concerned, too. COUNCILMAN FREER-John my comment is I don’t believe we have anything in this dealing with pets. We will have to circle back and see what our broader pet policy is. Then clearly, there is threatening. It is already covered whether you are a short-term owner or not. We will have to balance that. SUPERVISOR STROUGH-It is the property transfer law, too. How many times have we amended that since we first adopted it? We have amended three or five times. What we have can be improved. The question comes should we start with something. COUNCILMAN METIVIER-Well no. We have a leash law. We have a pickup your dog law. SUPERVISOR STROUGH-We don’t have a leash law. COUNCILMAN METIVIER-Sure we do. SUPERVISOR STROUGH-No. Our dog control law says that the dog must be under control by the owner at all times. COUNCILMAN FREER-That is something for us I think to discuss. Whether we need it specially something about pets. SUPERVISOR STROUGH-Park and Rec have adopted some rules. It is not a Town law. COUNCILMAN METIVIER-I guess I read somewhere. COUNCILMAN FREER-Thanks Jennifer. Thank you very much for coming. SUPERVISOR STROUGH-Anybody else on site like to comment to this. Please indicate your interest in doing so. Seeing no further on site public let’s move to the caller. If you have a thought that you would like to share with the Town Board you may now call in. The number is (518) 761-8225. Hello, I see George Pensel come up. GEORGE PENSEL- That’s me. SUPERVISOR STROUGH- Alright Mr. Pensel, share your thoughts with the Town Board on our short-term rental law. MR. PENSEL- Well you know, I’m really in favor of public safety. I’m in favor of…can I go now? SUPERVISOR STROUGH- Yeah, yeah, you’re being recorded. MR. PENSEL- I’m very much in favor of public safety. I think that, you know, we have…I would say yes, all renters would meet those standards and we should be making sure that’s going on. But, I feel like a lot of what’s in here are laws and rules that should apply to everybody. It’s not applying to everybody, I mean I live on Assembly Point and Mr. Tony Metivier knows very well about Assembly Point and how narrow the roads are. Year around residents and seasonal residents that aren’t renting their homes are breaking these rules like crazy. Like on North Lane there’s a REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 635 house that has, you know, cars all over the place on the street and there’s garbage disposals on the opposite side of the street so you can barely get through North Lane half of the time. Then when we talk about behavior of people. People have to obey the laws and be respectful about the people, we all know that…it’s responsible for the actions of other people and needs to be available one hour from the point and time there’s a complaint. Who’s going to enforce these rules, really? Who’s going to say this really happened? Who’s going to be enforcing this? A lot of what I just heard in favor of these types of rules were complaints that I would have called the cops many times over if something like this was going on near my house, whether it was a rental or whatever it is. I’m in favor of some regulations, but I think we’re going overboard when we’re creating neighborhood cops. Now we’re going to send them out and we’re going to say okay, you’re going to police this and the neighbors are going to call. The neighbors are going to say this happened or that happened. Who’s going to prove this stuff? Who’s going to actually be behind it. I don’t think we have the enforcement capabilities for this. I don’t really believe that…I think we should be calling the police when there’s…That’s what we pay taxes for, police protection. I’m going to leave you with this, I believe in public safety, I believe that we’re in extreme times right now with the virus, we have to protect people. There may be some regulations we need but I think we’re getting overboard talking about behavioral type stuff that you got in this. I’d like to see you look at this and make some changes here. Thank you. SUPERVISOR STROUGH- Mr. Pensel, could you wait and see if any Town Board Member has a question for you? Anybody? MR. PENSEL- Sure. SUPERVISOR STROUGH- All right. COUNCILMAN FREER- So, John ask him if one hour is not good what would he be satisfied with for a response time? SUPERVISOR STROUGH- Councilperson Freer wants to know if one hour of response time is not sufficient, what do you suggest? Mr. Pensel… MR. PENSEL- I really don’t believe that the tenant has responsibility for behavior of other people in the world. Those people are responsible for their own behaviors. Therefore, the public law comes into effect. If you think we need to have quiet hours, apply it to everybody…In Sandy Bay we’re having people non-social distancing in boats and rafting on Saturdays now with loud music being played all afternoon. Whether you like it or not, you’re going to be listening to it because it’s been taking place for the past month. SUPERVISOR STROUGH- Yeah. MR. PENSEL- This activity is not being created by tenants; this activity is year around residents. I mean, it’s ridiculous; in fact, I even saw patrol areas in the area watching people rafting two weekends ago and not social distancing. Oh, I’m a resident here and I’m being told that, you know, we rent a property in Rockhurst, how often we have to tolerate fireworks going off at two o’clock in the morning and all that stuff going on. It isn’t renters, it’s year around residents shooting stuff off in the air. Who’s going to call…who’s going to be there for us when it’s not somebody renting a house? It’s ridiculous to think that somebody shooting fireworks off at a rental place is going to be any different than if someone shoots one up at a private residence. SUPERVISOR STROUGH- Alright. MR. PENSEL- Well, I guess the answer to the question is, I don’t think that there’s a timetable. I don’t think these rules are worthy of being written. I think if you’re write rules, write them for everybody. SUPERVISOR STROUGH- Alright, well thank you for your thoughts. They are very much appreciated. MR. PENSEL- Thank you. SUPERVISOR STROUGH- Okay, have a good day. REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 636 (Incoming call) SUPERVISOR STROUGH- Hello. CALLER- Hello, John. SUPERVISOR STROUGH- Hi Susan. CALLER- And all the Board Members, this is Susan Leporin, Lake Sunnyside. SUPERVISOR STROUGH- Yeah, Susan. MS. LEPORIN- I would have come but however, I am in self-quarantine. SUPERVISOR STROUGH- All right. MS. LEPORIN- So my comment is that, of course, I am for your short-term rental regulations because all citizens of the Town of Queensbury should be able to live peacefully. We have children in our neighborhood, and as all of you know, I live next door to an air b&b animal house. I lost track of how many times the police have been called to this property. I think your regulations are very fair and very well thought out. I think they need to be put in place as soon as possible, especially because of the pandemic. If you chose to operate a business in a residential neighborhood, than there must be regulations. I thank you all. SUPERVISOR STROUGH- Alright, thank you, Susan. Any questions on behalf of the Town Board for Susan? None. All right, thank you, Susan. MS. LEPORIN- Thank you, John. Bye-bye. SUPERVISOR STROUGH- Bye-bye. (Incoming call) SUPERVISOR STROUGH- Yes, Gary Whitehead. CALLER- Yes, this is Travis Whitehead. How are you doing tonight? SUPERVISOR STROUGH- Oh, it comes up as Gary Whitehead. MR. WHITEHEAD- Well, that’s my name. SUPERVISOR STROUGH- Alright Gary, go ahead. MR. WHITEHEAD- My name is Gary Travis Whitehead if you would acknowledge that. SUPERVISOR STROUGH- Alright. MR. WHITEHEAD- My question is, if you don’t pre-register these properties than it seems that you are going to rely on the a complaint, such as just described by Ms. Dobkowski. I’m wondering who she should contact at 2AM in the morning… There seems to be better ways to do this…having to pre-register a home. Every ordinance that I’ve looked at, and I’ve looked at quite a few, does have a registration. Usually a very nominal registration fee associated with it, something like twenty-five dollars to get the ball rolling, to get the names down there, the contact numbers, etc. Also, along with the twenty-five dollar registration fee is the establishment of a hundred dollar fine if for every day that you’re not registered… So, I would think establishing something like that would at least avoid the first instance, which is going to be a complaint, probably at an inopportune time. So I would just suggest that you look at registering. SUPERVISOR STROUGH- Alright, thank you. We do, Councilperson Freer has a question for you, Mr. Whitehead. COUNCILMAN FREER- Well, just a comment. REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 637 MR. WHITEHEAD- Sure. COUNCILMAN FREER- That we did consider that and the whole notion of what our aim was in drafting this is to not punish the ninety-five percent of the people who do short-term rentals in our area, in our community, by having to go through this process of registration and payment. So yes, Travis, I am familiar with areas where this is a bigger problem. Lake Placid being the sort of the area that we looked at closest. We may end up there someday. As a first step in that process we didn’t want to jeopardize the trust of the community that does this on a routine basis and don’t want to go through the extra effort and call us of establishing a registration and a fee structure. That is an explanation of how we got here. Some of the feedback that you heard at the beginning of the evening is sort of justification for why we didn’t want to punish people who were doing things properly and in community spirt. SUPERVISOR STROUGH-Mr. Whitehead could you hear Councilman Freer? MR. WHITEHEAD-I could hear that. Thank you very much. My only comment would be that for someone getting rental income I would think that a twenty five dollar registration fee is not an inconvenience. I do think it will eliminate that first problem that, first complaint. I wouldn’t want to go through what Ms. Dobkowski just explained or what some of the other ones I just heard explain. Fortunately, I am not in a situation like that or I would never want to be. Thank you for listening. SUPERVISOR STROUGH-Thank you. Anybody else for the call in (518) 761-8225? (Incoming call) JAMES DOBKOWSKI-I am going to keep it short because my wife just spoke. I just want to thank Mr. Freer. He has been acting as our… to the whole representation…. I want to thank him personally. He has been very open hearing our suggestions. (Phone call broken up) I want to thank the Board for taking this first step. Sometimes you have to put your finger in the whole of a dam before the big Engineer comes and does the big fix. I am…with you guys just please take that first step. If you want to have long out crazy sessions on how to improve this bill you can’t get it approved until it is passed first. Thank you to the Town Board for moving forward with this. SUPERVISOR STROUGH-Your first name as my memory serves me is Tom. MR. DOBKOWSKI-James. SUPERVISOR STROUGH-Thank you. Any Town Board member have a question for James. Thank you for calling James and sharing your ideas. Anybody else (518) 761-8255. ZOOM SUPERVISOR STROUGH-Let’s move to Zoom. I see no one who is currently on Zoom or sharing any thoughts. Travis do you want to talk again? Tricia Freer can you hear me. MRS. FREER-I stayed on the line because I wanted to see if we could make this work. SUPERVISOR STROUGH-Do you have any thoughts on the proposed Short Term Rental Law. Mrs. Freer-I am in favor of the Short Term Rental Law. We have been renting a property on the east side of Lake George for about fifteen years. This only makes the lease and the contract when we do send it out to our renters enforceable. It just gives me a sense that the community is behind when we do have to rent their homes for short term. My comments are geared more to the specifics in the law. In your Article 3, Part A. We have a smoke detector in every bedroom. I think that may have come from being a Hotel has smoke detectors in every room. When you have a home that to me seems a bit excessive. I would like to see that put at a minimum of two. Also in Article 3, Part F. You have the number of vehicles as 1.5. As it was put up by a number of people who have properties on the east side of the lake. The roads are very narrow hard to even walk on the side of the road. It causing much congestion. My recommendation would be one vehicle per bedroom. It is written now as 1.5 per bedroom. I am just going into the law as recommendations. I think this should go into effect. I think Jim who was just on said we have to start somewhere. This is a good start. This is kind of like the transfer Law. It started and had public hearings it is not to penalize anyone. It is just to make the community better. I totally agree on the maximum REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 638 capacity. Two over the bedrooms. I did feel in your turnaround time was a little kind of crunch. I have been in that fix sometimes. It is very hard for a tenant to get a hold of me when things are going right or if something that happens at the house in an hour. I would say that you would have to give the homeowner a little bit of leeway on that. Certain times we just aren’t there to get the phone call. I agree with going forward with the law. SUPERVISOR STROUGH-Any questions from the Town Board for Mrs. Freer. Thank you. Travis you were on Zoom indicating that you wanted to speak. MR. WHITEHEAD-I just wanted to make sure that you could hear me because I haven’t tried this mode before. I would just like to echo what I heard the last two people say. This is a good start. I hope that you do proceed with this. SUPERVISOR STROUGH-Okay. Thank you. If Tricia and Travis would put your hands down so that I know that… I don’t see anybody else on Zoom wishing to speak. If you do put your little hand up there. SUSAN BEADLE-I just had a question. Am I correct in that you are going to require the owner to notify neighbors if they are renting out the property on Airbnb? SUPERVISOR STROUGH-Yes. The adjacent neighbors should know the contact person if there is a problem who will that contact person be. The neighbors have a right to have that information. If they have a problem, they contact the person and according to the way the law is written now, they have one hour to response to the situation. MS. BEADLE-I guess my question is what is the adjacent property? Where I live the people that live above me so they really are not adjacent to me because there is a green space between us. SUPERVISOR STROUGH-The three people around you that is what we meant. MS. BEADLE-Okay. SUPERVISOR STROUGH-Their properties abut yours. MS. BEADLE-They have never contacted us that they are renting the property. We’ve had the loud music, the loud voices, the fireworks in the dry summer. SUPERVISOR STROUGH-Now they have to if we adopt this. MS. BEADLE-I would encourage you to support this bill. We need it Thanks. SUPERVISOR STROUGH-Thank you. Anybody else, call ins, zoom, present, anybody? Thoughts on behalf of the Town Board. COUNCILMAN FERONE-I think we’ve had our share of the meetings talking about this. I think we have had this for a year and a half maybe close to two. I think the comments indicated that we should start with something and this would be a good start. COUNCILMAN FREER-Full disclosure. One of those persons was my wife. However, I am not associated with the property that she was addressing on Rockhurst. We live and own on 28 Garrison Road. She is a minority owner of a property on Rockhurst or East Lake she said. I just want to make that for the record. I have nothing to do with that rental property. SUPERVISOR STROUGH-I think her comment about the fire alarms. I think our law just..for rental property. I think it mirrors the State Law on the matter. COUNCILMAN METIVIER-I thought you have to have a smoke detector in every bedroom with State Code now. SUPERVISOR STROUGH-I don’t think it is in every bedroom unless the code has changed. COUNCILMAN METIVIER-I am pretty sure it is every bedroom. SUPERVISOR STROUGH- One smoke detector on each floor. It depended on the square footage, but again I haven’t built a house in a few years. In any event, I think this does reflect smoke detectors are not that expensive. Tony how did you feel about addressing this proposed law. REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 639 COUNCILMAN METIVIER-I am absolutely for it. It is a great start. I want to go on record and say I absolutely disagree one hundred percent with the letter that was sent in. We have never been so transparent and accessible ever in this Town Board. We have people in the audience. We have telephone. We have Zoom. For somebody to say that how can you hold a public hearing when the public isn’t present. The public is present in more than one way. Folks that wrote that letter were from downstate. That is exactly the reason for doing this. Not to keep people from downstate, but to have them to be held accountable for not being available when they need to be. Beyond that, I think the comments were great. I would love to see us move forward. You know what like we just said before. We made three changes so far to the transfer law. It is a working document. It is a start. SUPERVISOR STROUGH-I agree with what everyone has said. COUNCILAN FREER-The other question I had. Timeline. Can you review? If you approve it this evening, which it sounds like there maybe interest in doing that. Can someone walk me through? I know we have to register it. Can you address the lead-time John? SUPERVISOR STROUGH-That was a good question. Mark I see that you unmuted yourself. Did you hear Harrison Freer’s question? TOWN COUNSEL, SCHACHNER-I think I did. Can you all hear me? SUPERVISOR STROUGH-Very loud and clear. TOWN COUNSEL, SCHACHNER-I think Councilman Freer was asking about the time line for implementation of the law if it is adopted. Is that correct. SUPERVISOR STROUGH-That is correct. TOWN COUNSEL, SCHACHNER-It is actually pretty simple. The Local Law takes effect as soon as like all of our Local Laws takes effect upon filing with the Secretary of State. The Town Clerk is usually very good about filing it right away. We will get receipt and we should have it in a matter of days. SUPERVISOR STROUGH-Thank you. Harrison does that answer your question? All right. Thank you Mark. PUBLIC HEARING CLOSED AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 115 ENTITLED “SHORT-TERM RENTALS” RESOLUTION NO.: 182, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to adopt regulations relative to short-term rentals to help to ensure public health, safety and well-being within the Town, and WHEREAS, the Town Board has prepared proposed Local Law No.: 5 of 2020, a “Local Law Regulating Short-Term Rentals in the Town of Queensbury,” and REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 640 WHEREAS, New York State Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law, and the Town Board duly held a public hearing th concerning such proposed Local Law on Monday, May 18, 2020 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: 5 of 2020, a “Local Law Regulating Short-Term Rentals in the Town of Queensbury,” to amend its Town Code by adding a new Chapter 115 entitled, “Short-Term Rentals,” substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Planning, Zoning and Code Compliance, Director of Building and Codes Enforcement, Town Counsel and/or Town Clerk to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of May, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None LOCAL LAW NO. 5 OF 2020 A LOCAL LAW REGULATING SHORT-TERM RENTALS IN THE TOWN OF QUEENSBURY BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: The Queensbury Town Code is hereby amended by adding the following new Chapter 115 entitled, “Short-Term Rentals.” REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 641 ARTICLE 1. PURPOSE AND INTENT; AUTHORITY. The Town Board has determined that short-term, transient rentals can be incompatible with the sense of privacy, community and ambience currently enjoyed in residential neighborhoods in the Town and have the potential to create a threat to the public health, safety and well-being within the Town. The Board also recognizes that Short-Term Rentals can attract visitors to the Town and can provide an additional source of income to Town residents. Accordingly, the Board wishes to provide regulations to protect against adverse effects of this use while allowing it under appropriate circumstances. This Local Law is adopted pursuant to New York Municipal Home Rule Law. ARTICLE 2. DEFINITIONS. As used in this Chapter, the following words shall have the meanings indicated: DWELLING UNIT – One or more rooms designed, occupied or intended for occupancy as separate living quarters, with provision for living, cooking, sanitary and sleeping facilities provided for the exclusive use of one family or household. RENTAL –Granting use or possession of a Dwelling Unit in whole or part to a person or group in exchange for some form of valuable consideration. SHORT-TERM RENTAL – A Dwelling Unit, which may or may not be inhabited by the owner of record or their immediate family, that is rented, in whole or in part, for a period of less than thirty (30) consecutive days to any person or entity, but not including a Hotel, Motel, Inn, Campground, Bed and Breakfast as defined in Town Code Chapter 179. SHORT-TERM RENTAL OWNER – All entities having an ownership interest in a Dwelling Unit which is used as a Short-Term Rental. SHORT-TERM RENTAL PROPERTY – The entire area which is under the ownership or control of the Short-Term Rental Owner including, as applicable, the parcel of land on which a Short-Term Rental is located together with the dwelling in which it is located and any other structures on the parcel. ARTICLE 3. SHORT-TERM RENTAL STANDARDS. Short-Term Rentals shall comply with the following standards and requirements: A. There shall be one functioning smoke detector in each sleeping room, one functioning smoke detector and a carbon monoxide detector in another centrally- located room and one functioning and inspected fire extinguisher in the kitchen. Detectors must be in compliance with NYS Property Maintenance Code. B. All exterior doors shall be operational and passageways to such doors shall be freely accessible and unobstructed. C. Electrical systems shall be serviceable with no visible defects or unsafe conditions. REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 642 D. All fireplaces, fireplace inserts or other fuel-burning heaters and furnaces shall be vented and properly installed. If installed, all fireplace, fireplace inserts or other types of fuel burning heaters (excluding furnaces) shall have proper written safe operating instructions provided to any party renting the Short-Term Rental. E. Each sleeping room shall have an exterior exit that opens directly to the outside or an emergency escape or rescue window which meets the current State and Town Building Codes requirements for an escape window. F. The number of vehicles permitted overnight at the Short-Term Rental Property is limited to 1.5 vehicles per bedroom (rounded to the next whole number). The number of bedrooms set forth in the Town of Queensbury’s assessment records shall be used for purposes of this section. Overnight on-street parking is not allowed. Available parking spaces (one space per car) shall limit parking to such number of spaces. On-street day parking shall not impede local residents or public free entrance and exit to the neighborhood. G. Short-Term Rental Owners shall establish written rules and regulations for the Short-Term Rental. The rules and regulations are expected to be activated when rentals are active. The content and intent of these rules and regulations is to assure public health, safety and general welfare by promoting a clean, wholesome and attractive environment for the owner’s property, adjacent property owners and the neighborhood. This document shall also list the penalties for violation of such rules or regulations. The rules will specifically address the penalties contained in this local law – see Article 5. The renter must sign acknowledgment of these rules and regulations. A copy of the signed acknowledgement statement shall be maintained on the property and made immediately available upon request from law enforcement officers or Town Buildings and Codes personnel. The rules and regulations shall be enforced by the Short-Term Rental Owner. As a minimum, the rules and regulations shall address prohibition of the following behaviors: fighting, violence, tumultuous or threatening behavior, unreasonable noise, abusive or obscene language or gestures in public. Quiet hours for the purpose of this Law shall mean between the hours of 10:00 PM and 8:00 AM and shall be maintained by all rental occupants and visitors at the rental property. H. Provisions shall be made by the Short-Term Rental Owner prior to actual rental for weekly garbage removal during rental periods. Garbage containers shall be secured with tight fitting covers at all times to prevent leakage, spillage and odors, and be placed where they are not clearly visible from the street or road except as required for pick-up times. I. A house number visible from the street or road shall be maintained. REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 643 J. Short-Term Rentals shall comply with all Local, State and Federal Laws and Regulations. K. The maximum occupancy for each Short-Term Rental shall be two (2) people per bedroom plus two (2). For example, a Short-Term Rental with three (3) bedrooms is allowed eight (8) occupants. The number of bedrooms is determined by the RPS database maintained by the Town Assessor’s Office. ARTICLE 4. CONTACT PERSON. The Short-Term Rental Owner must provide all owners of property adjacent to the Short- Term Rental with the name, address and telephone number of a contact person or entity. Such contact person or entity must be able to address any complaint received regarding the Short-Term Rental site within one (1) hour of receiving the complaint. The contact person or entity must document all complaints and responses and submit them to the Town within 24 hours. A copy of the contact person or entity name, address and phone number shall be maintained on the property and made immediately available upon request from law enforcement officers or Town Buildings and Codes personnel. ARTICLE 5. ENFORCEMENT AND PENALTIES. Any individual, partnership, corporation or other firm owning, operating, occupying or maintaining Short-Term Rental Property or a Short-Term Rental shall comply with all the provisions of this Chapter and all orders, notices, rules, regulations or determinations issued in connection therewith. A. The Director of Building & Codes Enforcement or designee shall be granted access upon reasonable request to the Short-Term Rental Property for the purpose of inspection and/or enforcement of compliance with Short-Term Rental regulations and/or Town and State Building Codes. B. Whenever it is found that there has been a violation of this Chapter or any rule or regulation adopted pursuant to this Chapter, a violation notice and/or appearance ticket or summons and complaint may be issued to the person, individual, partnership or corporation owning, operating or maintaining the Short-Term Rental or Short-Term Rental Property in which such violation has been noted. C. The Director of Building & Codes Enforcement or designee shall have the authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket or summons and complaint, subscribed by him or her, directing a designated person to appear in court at a designated time in connection with the commission of a violation of this Chapter. D. Penalties. Any person who shall violate any provision of this Chapter, any order made hereunder, or any rules or regulations adopted pursuant to this Chapter in REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 644 addition to other penalties provided for in this Chapter shall be guilty of an offense punishable in the following manner: A fine of not more than $950 for each offense. E. A civil action or proceeding in the name of the Town of Queensbury, New York, may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Chapter or any rule or regulation adopted pursuant to hereto. Such remedy shall be in addition to penalties otherwise prescribed by law and may be commenced with the consent of a majority of the Town Board. F. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this Chapter shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this Chapter, or in any other applicable law. Any remedy or penalty specified in this Chapter may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this Chapter. The Town may initiate enforcement proceedings under this Chapter at any time following receipt of a complaint or if the Director of Building and Codes determines that a violation has occurred. ARTICLE 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. ARTICLE 7. EFFECTIVE DATE. This Local Law shall take effect upon filing by the office of the New York State Secretary of State or as otherwise provided by law. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT – 3 MINUTES) NO COMMENT 4.0 RESOLUTIONS RESOLUTION APPROVING MEMORANDUM OF AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TOWN OF QUEENSBURY UNIT OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) RESOLUTION NO.: 183, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 645 WHEREAS, the Town of Queensbury (Town) have entered into a Collective Bargaining Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA) regarding employment of the employees in the Town’s CSEA Bargaining Unit for the period from January 1, 2020 through December 31, 2023, and WHEREAS, the Town’s health insurance contract will be renewed on July 1, 2020 and the renewal will include an emergency room copay of $200, an inpatient hospital copay of $1,000 and the use of the Blue Access network and WHEREAS, the Town and the CSEA negotiated terms and have come to an agreement concerning the health insurance renewal, and WHEREAS, a Memorandum of Agreement was signed by CSEA and the Town on May 11, 2020 subject to the approval of the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, affirms and ratifies the terms of the May 11, 2020 Memorandum of Agreement between the Town of Queensbury and Town of Queensbury Unit of the Civil Service Employees Association, Inc. presented at this meeting, 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 necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of May, 2020, by the following vote: AYES: Mr. Strough, Mr. Freer, Mr. Ferone NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 646 ABSTAIN: Mr. Metivier RESOLUTION SUPPORTING GLENS FALLS HOSPITAL AND ENDORSING ITS EFFORTS TO OBTAIN REIMBURSEMENT TO OFFSET COSTS RELATED TO THE COVID-19 PANDEMIC RESOLUTION NO.: 184, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Glens Falls Hospital, a non-profit community institution, provides essential health care services for the Town of Queensbury, Warren County and four (4) surrounding counties, and WHEREAS, Glens Falls Hospital employs many Town of Queensbury residents and is the largest employer in Warren, Washington, Hamilton and Essex Counties, and WHEREAS, Glens Falls Hospital has been experiencing major financial challenges due to insufficient federal and state reimbursement programs and declines in patient volume, and WHEREAS, Glens Falls Hospital is vitally important to the health of thousands of full- time residents and the many thousands of people who visit Queensbury, Lake George and the North Country throughout the year, and WHEREAS, Glens Falls Hospital has led a coordinated regional response to the COVID- 19 Pandemic, treating 40 COVID-19 positive patients and setting up and administering community testing sites at the Hospital and at the Warren County Municipal Center at which hundreds people were tested, reactivating closed Hospital units to accept the expected surge of patients, converting anesthesia machines to ventilators, building a UVC sterilization room to sterilize N95 masks, putting 3-D printers to work making face shields, acquiring new laboratory equipment to allow rapid testing for COVID-19, providing constant community information and education about the Pandemic, and investing more than $5 million in these efforts, and REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 647 WHEREAS, at the same time the Hospital set up telemedicine services to serve non- COVID-19 patients who could not visit the Hospital or see their medical providers because of COVID-19 restrictions and quickly began conducting 1,200 telemedicine visits a week, and WHEREAS, the Hospital was forced to bear a revenue loss of approximately $27 million because of the ban on elective procedures, only recently lifted, while also bearing the actual costs of preparing for the expected surge in COVID-19 patients after having already sustained operating losses of $1.6 million in January, $3 million operating in February, and an estimated $6 million in March, and as a result of the financial pressure was forced to furlough more than 360 employees, and WHEREAS, Glens Falls Hospital is an indispensable institution that is vitally important to the health, wellbeing, economy and future of the Town of Queensbury and the North Country region, NOW, THEREFORE, BE IT RESOLVED that the Queensbury Town Board, on behalf of the residents, visitors and taxpayers of the Town of Queensbury hereby expresses its support and sincere appreciation to Glens Falls Hospital, its physicians and nurses and staff of dedicated employees, many of whom live in the Town of Queensbury, and BE IT FURTHER, RESOLVED that the Town Board hereby endorses Glens Falls Hospital’s ongoing efforts to obtain federal and state reimbursement to offset the costs it has borne in connection with the COVID-19 Pandemic and hereby implores the Town’s federal and state representatives to use their best efforts to secure federal and state funding to reimburse Glens Falls Hospital, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to send certified copies of this Resolution to Gov. Andrew Cuomo, Congress Member Elise Stefanik and REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 648 Sens. Charles Schumer and Kirsten Gillibrand and take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of May, 2020 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING ESTABLISHMENT OF QUAKER ROAD SEWER MAIN REPLACEMENT CAPITAL PROJECT FUND #231 RESOLUTION NO.: 185, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Sanitary Sewer District and the Route 9 Sanitary Sewer District (the "Districts") in accordance with New York Town Law, and WHEREAS, as a result of a break that occurred on the Districts’ sewer force main in the vicinity of 313 Quaker Road in early February 2020, which required notification of authorities through the New York State Alerts System, the Town Supervisor declared an emergency and the Town’s Wastewater Director arranged for short-term, temporary repairs on an emergency basis for public health and safety reasons, and WHEREAS, under Town Law Section 202-a the Town Board is required to maintain the sewer system and accordingly, additional replacement of the force main in this area must be permanently repaired immediately to avoid a breach of the temporary repairs, and WHEREAS, such replacement project (Project) shall benefit both such Districts and the cost of this project shall be apportioned between both Districts, and WHEREAS, by Resolution No.: 175,2020, the Town Board authorized such Project and the plan for the financing of the Project for a maximum estimated $533,000 in serial bonds or bond anticipation notes of the Town on behalf of the Districts, and REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 649 WHEREAS, the Town Board wishes to accordingly establish the Quaker Road Sewer Main Replacement Capital Project No. 231 and establish and fund the Revenue and Expense Accounts for the Capital Project in the amount of $533,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes establishment of the Quaker Road Sewer Main Replacement Capital Project No. 231 in the amount of $533,000 which will establish funding for expenses associated with the Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the establishment of appropriations and estimated revenues as follows:  231-0000-0626 Bond Anticipation Note Payable - $533,000  231-8120-2899 Capital Construction - $533,000 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to temporarily transfer $533,000 from Queensbury Consolidated Sewer Fund #032 to Capital Project Fund #231 until such time as serial bond or bond anticipation note proceeds have been received, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to arrange for the repayment of the temporary loan as soon as available, amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation and the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of May, 2020, by the following vote: REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 650 AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING MARSHALL & STERLING UPSTATE, INC., TO INSURE THE TOWN OF QUEENSBURY’S NEW YORK STATE DISABILITY INCOME REPLACEMENT INSURANCE WITH SHELTERPOINT LIFE INSURANCE COMPANY RESOLUTION NO.: 186, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Marshall & Sterling Upstate, Inc., (Marshall & Sterling) is the Town of Queensbury’s general insurance agent and as such solicited for quotations from insurers for the Town’s New York State Disability Coverage, and WHEREAS, Marshall & Sterling has advised that ShelterPoint Life Insurance Company submitted the lowest responsible proposal, and WHEREAS, the Town Board wishes to therefore authorize the insuring of the Town’s New York State disability income replacement insurance with ShelterPoint Life Insurance Company effective July 1, 2020 as set forth in ShelterPoint Life Insurance Company’s 02/18/2020 Quote #: 28034 presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Marshall & Sterling Upstate, Inc., to insure the Town of Queensbury’s New York State disability income replacement insurance with ShelterPoint Life Insurance Company effective July 1, 2020 in accordance with ShelterPoint Life Insurance Company’s 02/18/2020 Quote #: 28034 substantially in the form presented at this meeting, and REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 651 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to execute any documentation and take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of May, 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO REVISE §179-3-040 “ESTABLISHMENT OF ZONING DISTRICTS” AND §179-4-090 “PARKING & LOADING REGULATIONS” RESOLUTION NO.: 187, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Aviation Mall Newco, LLC, (Applicant) submitted a petition to allow for the addition of multi-family residential uses as allowed by Site Plan Review and to amend parking and subdivision requirements in the Enclosed Shopping Center (ESC) zoning district, and WHEREAS, applications for zoning code changes are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law and following such recommendations, the Town Board reviews the applications and takes such other action as it shall deem necessary and proper, and WHEREAS, by Resolution No.: 116,2020, the Town Board accordingly authorized the Town Clerk to forward the Applicant’s Petition for Change of Zone Application to the Town Planning Board for report and recommendation and to Warren County Planning Department for GML 239-m review, and REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 652 WHEREAS, the Town Planning Board reviewed such Application and submitted comments to staff that were summarized and forward to the Town Board by staff on April 15, 2020, and WHEREAS, the Warren County Planning Department responded on March 17, 2020 with a determination of No County Impact, and WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.: __ of 2019 to amend Queensbury Town Code Chapter 179 to reflect such changes as set forth above, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning Code, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, June st 1, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning adoption of Local Law No.: ___ of 2020 to amend Chapter 179 “Zoning” of Queensbury Town Code to revise §179-3-040 “Establishment of Zoning Districts” and §179-4- 090 “Parking & Loading Regulations”, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, in accordance with Town Zoning Law §179-15-070(C), as the proposed rezoning involves less than 30 parcels, the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located immediately within and immediately adjacent to the ESC District proposed to be rezoned so REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 653 that the Town Clerk’s Office may send the Notice of Public Hearing to the applicant as well as the property owners of record, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 18 day of May, 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF TRAFFIC SIGNALS AT INTERSECTIONS OF BAY AND QUAKER ROADS AND GLENWOOD AVENUE AND QUAKER ROAD RESOLUTION NO.: 188, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 333,2019, the Queensbury Town Board authorized engagement of Barton & Loguidice, P.C. (B&L) for the provision of engineering services related to the design of traffic signals at the intersections of Bay and Quaker Roads and Glenwood Avenue and Quaker Road, and WHEREAS, B&L has advised that it has completed the necessary design documents and bid specifications related to construction of the traffic signals, and REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 654 WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for the construction of traffic signals at the intersections of Bay and Quaker Roads and Glenwood Avenue and Quaker Road as more clearly specified in bid specifications prepared by Barton & Loguidice, P.C. and/or the Town Purchasing Agent, in the official newspaper for the Town of Queensbury and in the New York State Contract Reporter, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this 18 day of May, 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING INCREASE IN HOVEY POND PARK IMPROVEMENT PROJECT #146 AND WITHDRAWAL FROM CAPITAL RESERVE FUND #61 RESOLUTION NO.: 189, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 655 WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Reserve Fund No. 61 for future capital projects, and WHEREAS, by Memorandum dated May 7, 2020, the Town Recreation Commission and Director of Parks and Recreation have requested that the Town Board authorize the withdrawal and expenditure of $21,000 from Reserve Fund No. 61, a $5,000 balance transfer from the Freedom Park Capital Project Account #190 and a $4,000 transfer from Wages Account No.: 001-7020-1010 to fund $30,000 in specific capital improvements and certain maintenance projects for the Hovey Pond Park as follows:  $9,000 – Upgrade to use a paver block instead of concrete around Maine Pavilion;  $8,000 – Install a 90’ level walkway on Glenwood Avenue;  $5,000 – Install proper drainage under Memorial Garden;  $8,000 – Contingency funding for site work; and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Fund No.: 61 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the withdrawal and expenditure for the Hovey Pond Park Improvement Project is an expenditure for a specific capital project and certain maintenance projects for which the Reserve Fund was established and therefore hereby authorizes the specific capital improvements and certain maintenance projects for the Hovey Pond Park as set forth in the preambles of this Resolution and expenditures in the total amount of $30,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a $21,000 transfer from Fund No.: 61, a $5,000 balance transfer from Freedom Park Capital Project Account #190 and a $4,000 transfer from Wages Account No.: 001-7020-1010 to Hovey Pond Park Improvement Project Fund #146 and the Town Board further directs that in the event there are funds remaining in Fund #146 after REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 656 completion of the projects or in the event that the projects are not undertaken, the moneys in Fund #146 shall be returned to the Recreation Reserve, 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, transfers and/or prepare any documentation necessary to adjust appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks & Recreation Director and/or Town Budget Officer to take all 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 the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 18 day of May, 2020 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS - TH WARRANT OF MAY 18, 2020 RESOLUTION NO.: 190, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 657 WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a thth Warrant with a run date of May 14, 2020 and a payment date of May 19, 2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented thth as a Warrant with a run date of May 14, 2020 and a payment date of May 19, 2020 totaling $712,975.98, 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. th Duly adopted this 18 day of May, 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT : None RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT AND MUTUAL RELEASE WITH NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID CONCERNING STREET LIGHTING SERVICE BILLINGS RESOLUTION NO.: 191, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board previously authorized Cost Control Associates to audit the Town of Queensbury’s utility and/or telecommunication bills as previous audits had resulted in significant recovery of past over-billings as well as reductions in ongoing billings, and REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 658 WHEREAS, Cost Control Associates has advised the Town that it has identified $14,695.86 in street lighting services over-billings by Niagara Mohawk Power Corporation d/b/a National Grid (National Grid) and has successfully negotiated with National Grid to refund these over-billings, and WHEREAS, Cost Control Associates has recommended that the Town Board accordingly approve the proposed Settlement Agreement and Mutual Release between the Town and National Grid substantially in the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Settlement Agreement and Mutual Release with Niagara Mohawk Power Corporation d/b/a National Grid (National Grid) providing for National Grid’s refund to the Town in the gross amount of $14,695.86, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Settlement Agreement and Mutual Release with National Grid in the form substantially presented at this meeting and the Town Supervisor and the Town Budget Officer to take such other and further actions necessary to effectuate all terms of this Resolution. th Duly adopted this 18 day of May, 2020 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: None RESOLUTION RATIFYING ADOPTION OF REVISED TOWN OF QUEENSBURY COVID-19 PANDEMIC RESPONSE PLAN RESOLUTION NO.: 192, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 659 WHEREAS, the United States is facing a pandemic related to Coronavirus Disease 2019 (COVID-19) and there was a need for the Town of Queensbury to adopt a COVID-19 Pandemic Response Plan (Plan) to deal with this emergency situation, and WHEREAS, by Resolution No.: 123,2020, the Town Board authorized adoption of its Plan and authorized the Town Supervisor to make modifications as he determined necessary as further information became known, with the Town Board to later have the ability to approve or disapprove an updated, revised Plan, and WHEREAS, by Resolution Nos: 133, 147, 157 and 178 of 2020, the Town Board authorized and ratified adoption of the COVID-19 Pandemic Response Plan (Plan) as further revised, and WHEREAS, certain modifications have been made since the Plan was last adopted and revised and the Town Board wishes to consider the Plan as further revised and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies adoption of the COVID-19 Pandemic Response Plan (Plan) as revised and substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor to continue making modifications to the Plan as he determines that in his discretion are necessary as the situation changes and further information becomes known, with the Town Board to later have the ability to approve or disapprove a further revised Plan, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 660 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to distribute copies of this Plan to all Town Departments and the Warren County Office of Emergency Services, and the Town Supervisor, Town Safety and Compliance Officer and/or Town Facilities Manager to take any and all actions necessary to effectuate the terms of this Resolution and the Plan, as it may be amended. th Duly adopted this 18 day of May, 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF TEMPORARY, SEASONAL LABORERS TO WORK AT TOWN CEMETERIES RESOLUTION NO.: 193, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Cemetery Superintendent has requested Town Board authorization to hire Kyle Miller, Dakota Sawn and Mykal Brunelle as Temporary, Seasonal Laborers to work for the Cemetery Department, such employment proposed to commence on or about the middle of May, 2020, and WHEREAS, as Kyle Miller, Dakota Sawn and Mykal Brunelle are returning Temporary, Seasonal Laborers, they have already successfully completed their employment physicals, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Mykal Brunelle is the son of Cemetery Laborer Michael Brunelle, and WHEREAS, funds for such position have been budgeted for in the Town Budget, REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 661 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Kyle Miller, Dakota Sawn and Mykal Brunelle as Temporary, Seasonal Laborers for the Cemetery Department for up to 11 weeks commencing on or about the middle of May, 2020, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and/or drug and/or alcohol screenings, and BE IT FURTHER, RESOLVED, that such Temporary, Seasonal Laborer shall be paid $12.02 per hour as set forth in Town Board Resolution No.: 32,2020, to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of May, 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: None 5.0 CORRESPONDENCE- NONE 6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) NO COMMENT 7.0 TOWN BOARD DISCUSSION COUNCILMAN FERONE (WARD III)  Thanked the Town Board for support of Resolution Supporting Glens Falls Hospital and Endorsing Its Efforts to Obtain Reimbursement to Offset Costs Related to the COVID-19 Pandemic  Spoke regarding the County passing a Resolution for a five million dollar cut in an austerity budget at the County. We as a Town need to think along those lines as well. COUNCILMAN FREER (WARD II)  Hope for the best and prepare for the worst when it comes to the Board budgeting.  Thanked the Highway Department for the great job they are doing picking up the extended lawn care. I would like to find a way to compost or recycle. I hope this gets back on our to do list. REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 662  Spoke regarding the reason he is wearing a mask. Trying to follow the latest guidance from the State. When you have been suspected or encountered someone who has tested positive for COVID-19. The three steps involved enhance protection is to wear masks when you are in a public for the entire time. The second is to get temperature taken, which I will take care of. The first is actually to make people aware that you are a suspect so people can be extra cautious. It is not because I am trying to sell more Coca Cola with my mask. I do want to continue to stress that when you are out in public and you cannot maintain social distancing that it is in everyone’s best interest yours, your neighbors, community to be wearing a mask. COUNCILMAN METIVIER (WARD I)  Spoke to the Board regarding he had received Facebook criticism that now is a great time to be paving our roads and they weren’t getting done. I spoke with Dave Duell about this the ironically the same day that we were being criticized noting the local pit to get our asphalt was not opened. Dave investigated driving down to Saratoga to get asphalt. It was so cost ineffective he decided not to. Three days later, they opened up the local pit and the guys were out there filling potholes. I did reach out to the gentleman that made the comment. He was thrilled. They still have to fill one more on Jenkinsville.  They are picking up the brush. They are doing a great job there. They have been very helpful to the elderly residents.  We are starting to open up. Let’s do this very smartly so we don’t have to start closing things again. SUPERVISOR STROUGH  Spoke regarding request from Jason Thompson regarding Rush Pond Trail and the old car wreck. There is another car close to the shore of Little Rush Pond. Explained the history of the car.  Transfer Station back to full time hours  Spoke regarding spring cleanup schedule  Queensbury is doing great with the Census. We are like sixty two percent. Keep up the good work.  The Town has more masks. If you want some, call the Town. You can call your Ward Representative and they will make arrangements to get the masks to you. If you call the Town and you know how many you want, a reasonable number, we will set them out you can pick them up.  Hydrant flushing is still going on.  Thanked Look TV and sponsor  Thanked Peter Pepe, Pepe Productions  Thanked Danny Griffin, StoredTech RE SOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 194, 2020 INTRODUCED BY: Mr. Anthony Metivier 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. Duly adopted this 18th day of May 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None REGULAR TOWN BOARD MEETING, 05-18-2020, MTG #17 663 ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I