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07-06-2020 MTG#22 REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 720 REGULAR TOWN BOARD MEETING MTG#22 TH JULY 6, 2020 B.H.# 33 7:00 P.M. RES# 229-243 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILWOMAN AMANDA MAGEE BOARD MEMBERS ABSENT COUNCILMAN ANTHONY METIVIER TOWN COUNSEL MARK SCHACHNER, ESQ. TOWN OFFICIALS CEMETERY SUPERINTENDENT, CONNIE GOEDERT PRESS POST STAR (ZOOM), LOOK TV, PETER PEPE PRODUCTIONS, STOREDTECH PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STROUGH SUPERVISOR STROUGH-Called meeting to order…. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH. 229, 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 and enters into the Queensbury Board of Health. th Duly adopted this 6 day of July, 2020 by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None ABSENT:Mr. Metivier PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT STUTZ PUBLICATION DATE: JUNE 19, 2020 PRESENT AGENT TOM HUTCHINS SUPERVISOR STROUGH-Reviewed Resolution before opening up public hearing. I do see the Engineer who is present. Please identify yourself and tell us a little bit about the project. TOM HUTCHINS, HUTCHINS ENGINEERING-I am here on behalf of applicant Robert Stutz. As you mentioned the property is changing hands from Robert Stutz to Jeff and Heather Campbell. Jeff Campbell is here with us as well. This is an older residence. There is an antiquated cesspool type system located in the driveway area. The challenge with replacement is water supply wells. There are three water supply wells. One that serves this property and two neighboring properties that would interfere with a replacement in the area of the current system. REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 721 With that in mind, we have opted to show between the house and the shoreline, which we don’t normally do. That is really the best location for it. We tried to minimize all the variances. I am asking for fifteen feet from the building to the absorption field in lieu of twenty. That allows me to hold a greater separation from the shoreline. If you went to the property, you noticed there is some thirty-five feet vertically between the location of this field and the actual lake. It is deep well draining sands. We have have chosen an Elgen sand filter type system. It does provide some degree of some enhanced treatment. We are also showing a polyethylene septic tank. It will be five feet from the building. The reason we are using polyethylene it would be a very difficult location to get a concrete tank to it. The polyethylene tank can be manhandled somewhat and lifted with a very small machine. With that, I guess I turn it over to the Board for questions and I will do my best to answer them. SUPERVISOR STROUGH-I know one question that many of the Board members had was why didn’t you put it in the back. Mrs. Campbell kind of said I think it is due to the wells, which made us take a closer look at your location map and the design of the system and in fact, that is true. A little bit closer to the lake ninety-five feet verses a hundred feet or closer to the wells. I can see that you jockeyed that around in what you felt was the best place. MR. HUTCHINS-I looked at replacing it in the current location. It would be fifty-five feet from the well serving this property. It would be fifty-five feet to one neighbor’s wells. Eighty-five feet to another neighbor’s well. I was not comfortable with those distances. SUPERVISOR STROUGH-Understood. Questions from any member of the Town Board? COUNCILMAN FREER-Tom so the system that is going in there is not an enhanced treatment system? MR. HUTCHINS-It is an Elgen Geotextile Sand Filter. It provides a degree of enhanced treatment with the sand filtration. COUNCILMAN FREER-Okay. MR. HUTCHINS-It is passive. It runs like gravity. It doesn’t have power. COUNCILMAN FREER-What is the next step up in terms of enhanced treatment that you have seen? MR. HUTCHINS-The next step up would be some form of probably aerobic enhanced treatment. This Elgen System is similar to Presby in that it uses sand to provide a degree of enhanced treatment. COUNCILMAN FREER-I am familiar with Fuji that is just a brand name. MR. HUTCHINS-Fuji is an enhanced treatment unit. That is similar to Clarus that is a unit filtration. Norway…makes them. Infiltrator makes them. COUNCILMAN FREER-For me this is easy. Five feet and I looked at the property. I am just trying to understand when we advocate for a more sophisticated enhance treatment when we are asking for lake variances. MR. HUTCHINS-I see where you are going. In this case, we were so close. I didn’t choose to go to that route initially. COUNCILMAN FREER-I don’t know if I am allowed to ask this. If I am not you, do not have to answer it. What is the step function with regard to cost to go to the next step? MR. HUTCHINS-To go to an aerobic pretreatment? COUNCILMAN FREER-Yes. MR. HUTCHINS-Several thousand dollars. Five plus. REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 722 COUNCILMAN FREER-Thank you. I am okay with what we got. I am trying to understand….. SUPERVISOR STROUGH-The Elgen is an enhanced treatment system verses just going into the ground system. I think you were talking about like possibly…. COUCILMAN FREER-The Clarus one was the last one we saw over on Glen Lake. SUPERVISOR STROUGH-The Clarus 750 or the Clarus 400, Clarus 450 is about seven thousand five hundred dollars just for the system. That is not including installation and regular maintenance and they are good. It they were in a situation where they were seventy feet from the lake or sixty feet from the lake I’d see where you are going. COUNCILMAN FREER-The Glen Lake one they even put a UV on top of the Clarus. SUPERVISOR STROUGH-They did that on their own. COUNCILMAN FERONE-I had that same conversation. Even though it justifies…where do we set the threshold when these variances come along. We are trying to protect the lake and keeping it within the Code that we have in terms of how far away you should be. COUNCILMAN FREER-Right because as some of you know, we give them one-inch, people some people think that it is not good enough. Thank you. SUPERVISOR STROUGH-Any other questions. COUNCILWOMAN MAGEE-I think we can talk about this for a long time. I think a couple thousand dollars now verses hazard to the lake is a big deal. I appreciate the questions. I don’t know as much about the systems. I think it bears going forward with caution and prudence to make sure it is the right investment. SUPERVISOR STROUGH-If we are talking… if we run into a more difficult one in the future. MR. HUTCHINS-A lot of this comes down to our comfort level with what we have for site conditions soils. PUBLIC HEARING OPENED SUPERVISOR STROUGH-Understood. We do have a public hearing on this tonight bearing no further questions from the Town Board at this time, although you are welcome to after the public hearing as well. Is there anybody here who would like to speak to this Sewage Disposal Variance application of Robert Stutz tonight? Nobody present. Anybody on Zoom? I don’t see anybody on Zoom. No call ins? Nobody here? Any further questions for the applicant Town Board? COUNCILMAN FERONE-No. NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING ROBERT STUTZ’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 33, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Amanda Magee REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 723 WHEREAS, Robert Stutz (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a: 1. Septic tank 5’ from a building in lieu of the required 10’ setback; 2. Absorption field 15’ from a building in lieu of the required 20’ setback; and 3. Absorption field 95’ from Lake George in lieu of the required 100’ setback; on property located at 16 Mayflower Lane in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on th Monday, July 6, 2020, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Robert Stutz for variances from the Sewage Disposal Ordinance to install: 1. Septic tank 5’ from a building in lieu of the required 10’ setback; 2. Absorption field 15’ from a building in lieu of the required 20’ setback; and 3. Absorption field 95’ from Lake George in lieu of the required 100’ setback; REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 724 on property located at 16 Mayflower Lane in the Town of Queensbury and bearing Tax Map No: 227.6-1-7, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during such period. th Duly adopted this 6 day of July, 2020, by the following vote: AYES: Mr. Ferone Mrs. Magee, Mr. Strough, Mr. Freer NOES: None ABSENT: Mr. Metivier RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 34, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Queensbury Town Board hereby adjourns from session and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 6 day of July, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Freer, Mr. Ferone NOES:None ABSENT:Mr. Metivier DISCUSSION HELD SUPERVISOR STROUGH-Introduced and Welcomed Councilwoman Amanda Magee, Ward IV to the Town Board. 2.0 PUBLIC HEARINGS PUBLIC HEARING – ON PROPOSED LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO AMEND PERMITTED USES IN THE COMMERCIAL LIGHT INDUSTRIAL ZONING DISTRICT PUBLICATION DATE: JUNE 19, 2020 SUPERVISOR STROUGH-This is to allow interior self-storage, a kind of storage unit where everything is inside. There is criteria to go along with it to make it very pleasant to be in a residential area. We recently designed this interior self-storage for Sokol’s Market. A lot of people didn’t even know that even though they drive by it every day. This is to allow an interior self-storage to be an allowable use in the Commercial Light Industrial Zoning District and by Special Use Permit. That means when the Planning Board reviews applications for this type of use in a Commercial Light Industrial Zoning District, they will have to give it an extra careful look to make sure it fits and is suitable. The Planning Board has approved with the concurrence with the Town Board did the SEQRA review. They declared a SEQRA Negative Declaration and they presented a favorable recommendation on the petition zoning change. They make a th correction and made this declaration and recommendation at their May 27, 2020 meeting of the Planning Board. The Warren County Planning Department has reviewed this proposed change REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 725 and the zoning. They said there will be no County impact. There is a public hearing on this th tonight, Monday July 6, 2020. I will do the public hearings in these formats. Those people present to see if they have any thoughts on the matter. Those people who are watching us through Zoom. Then those people who are watching us through YouTube who wish to call the Town at (518) 761-8225. You will be last. I will give you a little extra time to get to the phone and so forth. Is there anybody present at the meeting today that wishes to speak to this propose change in the Commercial Light Industrial Zone? The proposed change being it will allow the addition of a use called interior self-storage. Nobody. Anybody on Zoom? Call-ins. Call in at (518) 761-8225. Call-ins for YouTube. Any announcements you want to make while we are waiting for people to call in. PUBLIC HEARING OPENED NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 7, OF 2020 TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO AMEND PERMITTED USES IN THE COMMERCIAL LIGHT INDUSTRIAL ZONING DISTRICT RESOLUTION NO.: 230, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, AREC 34, LLC, (Applicant) submitted a petition 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, 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.: 56,2020, the Town Board accordingly authorized the Town Clerk to forward the Applicant’s Petition for Change of Zone Application to the Planning Board for NYS Environmental Quality Review Act (SEQRA) review, report and recommendation, and WHEREAS, the Town Planning Board adopted a Resolution on January 28, 2020 seeking and accepting Lead Agency status for SEQRA review; and WHEREAS, at their February 25, 2020 meeting the Planning Board adopted Resolutions declaring a SEQR Negative Declaration and making a favorable recommendation on the petitioned zoning change, and REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 726 WHEREAS, an error was subsequently found in the Planning Board SEQRA review; and WHEREAS, at their May 27, 2020 meeting the Planning Board corrected the SEQRA review error by Resolution and adopted an additional Resolution reaffirming their positive recommendation on the petitioned zoning change, and WHEREAS, by Resolution No.: 214,2020 the Town Board accordingly authorized the Community Development Department to forward the Applicant’s Petition for Change of Zone application to the Warren County Planning Department for GML 239-m review, and WHEREAS, the Warren County Planning Department responded on June 29, 2020 with a Determination of “No County Impact,” and WHEREAS, the Town Board wishes to consider adoption Local Law No.: 7, of 2020 to amend Chapter 179 “Zoning” of Queensbury Town Code to amend permitted uses in the Commercial Light Industrial zoning district substantially in the form presented at this meeting, hereinafter referred to as the “legislation,” and WHEREAS, 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 conducted a public hearing, heard all th interested parties and closed the public hearing concerning the legislation on Monday, July 6, 2020, and WHEREAS, the Town Board has considered the conditions and circumstances of the legislation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts Local Law No.: 7 of 2020, “A Local Law to Amend Chapter 179 ‘Zoning’ of Queensbury Town Code to Amend Permitted Uses in the Commercial Light Industrial Zoning District,” and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution and a copy of the Local Law to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department in accordance with §179-15-080(D) of the Town Zoning Law, and REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 727 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the 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. th Duly adopted this 6 day of July, 2020, by the following vote: AYES: Mr. Strough, Mr. Freer, Mr. Ferone, Mr. Magee NOES: None ABSENT:Mr. Metivier 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT – 3 MINUTES) NO PUBLIC COMMENT 4.0 RESOLUTIONS RESOLUTION AUTHORIZING PURCHASE OF MOWER FOR CEMETERY DEPARTMENT RESOLUTION NO.: 231, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury’s Cemetery Superintendent has requested Town Board approval to purchase a commercial mower to replace an inoperative 2002 Bac-Vac Super Z mower (Town Asset No.: 4197), and WHEREAS, the Cemetery Superintendent obtained a Quote under New York State Office of General Services Contract #PC67075 for a John Deere Z960R Commercial ZTrak Mower from Falls Farm and Garden for the purchase price of $10,998.68, and WHEREAS, the Town Cemetery Commission has offered to fund such services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Cemetery Superintendent’s purchase of a John Deere Z960R Commercial ZTrak Mower from Falls Farm and Garden Equipment for the purchase price of $10,998.68 in accordance with its Quote Id 22071381 and New York State Office of General Services Contract #PC67075, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 728 RESOLVED, that the Town Board hereby accepts payment in the amount of $10,998.68 from the Town Cemetery Commission to fund such work, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2020 Town Budget by:  Increase Appropriation – Misc. Equipment – 002-8810-2001 by $10,998.68;  Increase Revenue – Misc. Revenue – 002-0000-52770 by $10,998.68; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the 2002 Bac-Vac Super Z mower (Town Asset No.: 4197) and deposit any sales proceeds into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor, Cemetery Superintendent and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of July, 2020, by the following vote: AYES: Mrs. Freer, Mr. Ferone, Mr. Magee, Mr. Strough NOES: None ABSENT: Mr. Metivier RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ___ OF 2020 TO REENACT AND REESTABLISH TEMPORARY MORATORIUM ON INSTALLATION OF GROUND-MOUNTED SOLAR ENERGY SYSTEMS RESOLUTION NO. 232, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: ___ of 2020 entitled, "A Local Law to Reenact and Reestablish Temporary Moratorium on Installation of Ground-Mounted Solar Energy Systems” which Law shall authorize a temporary moratorium on the installation of ground-mounted solar energy systems located within all Town of th Queensbury Zoning Districts through January 20, 2021 or any earlier date that the Town Board adopts regulations relating to installation of ground-mounted solar energy systems, whichever date comes first, and REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 729 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, July 20, 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 6 day of July, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND RICHARD SEARS TREE SERVICE RESOLUTION NO.: 233, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 730 WHEREAS, the Queensbury Town Board wishes to enter into an Agreement with Richard Sears Tree Service (Sears) regarding the use and maintenance of certain chipping and grinding equipment owned by Sears at the Town’s Ridge Road Transfer Station so that the Town Highway Department may process its highway clearing materials at that location, and WHEREAS, the Town and Sears have negotiated terms of a proposed License Agreement substantially in the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the proposed License Agreement by and Between Town of Queensbury and Richard Sears Tree Service substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement and take any further actions necessary to finalize the License Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Transfer Station Landfill Equipment Operator, Highway Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of July, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING ACCEPTANCE OF REIMBURSEMENT FOR PURCHASE OF SPEED LIMIT BUOYS IN DUNHAM’S BAY RESOLUTION NO.: 234, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 57 of 2020, the Queensbury Town Board authorized submission of a New York State Department of Environmental Conservation “Floating Objects Other Than Aids to Navigation” Permit Application regarding the proposed placement of three (3) REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 731 additional five (5) mph speed limit buoys in Dunham’s Bay in Lake George with the purchase, installation and maintenance of such buoys to be paid by the Dunham’s Bay Association, and WHEREAS, the Town purchased the buoys from Rolyan Buoys for the total amount of $603.50 as set forth in Invoice #: 3677435 and the Dunham’s Bay Association wishes to reimburse the Town accordingly, and WHEREAS, the Town Board wishes to accept reimbursement in such amount from the Dunham’s Bay Association, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorize the acceptance of reimbursement in the amount of $603.50 from the Dunham’s Bay Association as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to account for such reimbursement in such account(s) as she determines appropriate and the Town Supervisor and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of July, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES : None ABSENT:Mr. Metivier RESOLUTION AUTHORIZING HIRING OF DAKOTA SAWN AS FULL-TIME LABORER FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 235, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 732 WHEREAS, the Town of Queensbury’s Highway Superintendent has advised the Town Board that there is currently a vacancy in a full-time Laborer position in the Highway Department, and WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes and has made a hiring recommendation to the Town Board to hire Dakota Sawn, a Temporary, Seasonal Laborer currently working for the Cemetery Department in accordance with Resolution No.: 193,2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Dakota Sawn as a full-time Laborer in the Town’s Highway Department effective on or about July th 7, 2020 subject to Mr. Sawn’s successful passing of a pre-employment physical as required by Town Policy and successful completion of a twenty-six (26) week probationary period, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that Mr. Sawn shall be paid at the hourly rate of pay for the Laborer position as delineated in the Town’s current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway 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 6 day of July, 2020 by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES : None ABSENT: Mr. Metivier RESOLUTION ACCEPTING DEDICATION OF BONNER DRIVE EXTENSION REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 733 RESOLUTION NO. 236, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Michael and Kathleen Dorman (Developers) have offered a deed to the Town of Queensbury to dedicate an Extension at the end of Bonner Drive to the Town of Queensbury as more particularly described in a Map of an As-Built Survey No.: 16020-5 prepared by Darrah Land Surveying, PLLC along with a fee title insurance policy in form acceptable to the Town, and WHEREAS, the Town Highway Superintendent has inspected the Bonner Drive Extension and has advised that it meets specifications set forth by the Town Highway Department and therefore recommends its acceptance, and WHEREAS, the Town Water Superintendent has indicated that an inspection has been made of the water mains and appurtenances installed on Bonner Drive Extension and the installation has been made in accordance with the requirements of the Town Water Department, with the Developers to be responsible for the installation’s repair and maintenance for one year from the date of Town th Board approval of the road dedication or through July 6, 2021, and WHEREAS, the Town’s Director of Planning, Zoning and Code Compliance has confirmed that he has inspected the Bonner Drive Extension and turnaround and it was found to be in general compliance with the requirements of his office, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of Bonner Drive Extension and authorizes and directs the Town Supervisor to execute any and all documents necessary to complete the transaction including all real property forms in form acceptable to Town Counsel, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 734 RESOLVED, that the Town Board further authorizes and directs the Developers to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the roads to the official inventory of Town Highways as follows: Name: Bonner Drive Extension Road Number: 285 EXT. Description: Beginning at the existent Bonner Drive and continuing in an easterly direction a distance of 192.8±’ and .0 hundredths of a mile and ending at a dead end. Feet: 192.8±’ and .0 hundredths of a mile th Duly adopted this 6 day of July, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES : None ABSENT:Mr. Metivier RESOLUTION SETTING TOWN OFFICIALS’ STANDARD WORKDAY FOR RETIREMENT PURPOSES RESOLUTION NO.: 237, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, as required by the New York State and Local Retirement System (NYSLRS), the Queensbury Town Board wishes to establish the standard work day for certain officials’ titles required to be reported to the NYSLRS based on their record of activities, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby establishes the following standard work days for the following title(s) and will report the official(s) to the New York State and Local Retirement System based on their record of activities: REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 735 TITLE STANDARD NAME SOCIAL NYSLRS ID CURRENT RECORD OF WORK DAY: (First and Last) SEC. NO. TERM ACTIVITIES (Hrs/day) (Last 4 digits) BEGIN & RESULTS Min. 6 hrs END DATES: Max. 8 hrs ELECTED OFFICIALS Councilperson 6.95 Harrison Freer 1187 61436846 1/1/2020-12- 31-2021 Y th Duly adopted this 6 day of July, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES : None ABSENT:Mr. Metivier RESOLUTION TO AMEND 2020 BUDGET RESOLUTION NO.: 238, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 2020 Town Budget as follows: To Code Appropriation Code Appropriation $ Increase Revenue Insurance 001-0000-52680 Recovery 10,942 Increase Appropriation REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 736 001-1620-4110 Veh Repair 10,942 001-0000-0909 Fund Balance 001-1430-4720 Consultant 20,000 001-1990-4400 Contingency 001-1660-4400-19 COVID Supp 7,500 Comp Hardware - 001-1990-4400 Contingency 001-1680-2031-19 19 9,000 th Duly adopted this 6 day of July, 2020 by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES : None ABSENT : Mr. Metivier RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF NEW AUTO RECOVERY PROCESSOR FOR CREMATORY LOCATED AT PINE VIEW CEMETERY RESOLUTION NO.: 239, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, in accordance with Resolution No.: 208,2020, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the purchase of a new Auto Recovery Processor for the Crematory located at the Pine View Cemetery as described in bid specifications prepared by the Cemetery Superintendent and/or Purchasing Agent, and th WHEREAS, on June 30, 2020, the Purchasing Agent duly opened the one and only bid received by the Town, and WHEREAS, the Cemetery Superintendent and Purchasing Agent have therefore recommended that the Town Board award the bid to the only and therefore lowest, responsible bidder, Matthews International Corporation, for the amount not to exceed $32,660.22, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of a new Auto Recovery Processor for the Crematory located at the Pine View Cemetery REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 737 from the only and therefore lowest, responsible bidder, Matthews International Corporation, for an amount not to exceed $32,660.22, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment shall be from Misc. Equipment Account No.: 002-8810-2001-8811, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to transfer $32,661 from the Cemetery Department’s Undesignated, Unappropriated Fund Balance No. 0909 to Misc. Equipment Account No.: 002-8810-2001-8811, amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed purchase agreement or documentation and the Town Supervisor, Cemetery Superintendent, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of July, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. Magee, Mr. Strough NOES : None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE’S LAWN CARE TO MOW CERTAIN ABANDONED OR NEGLECTED PROPERTY IN TOWN OF QUEENSBURY RESOLUTION NO.: 240, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 738 WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has reported to the Queensbury Town Board that the property located at 14 Farr Lane in the Town of Queensbury is in a state of serious neglect, and WHEREAS, the Town Board has concluded that the condition of the property creates a public health hazard due to concerns regarding fire and the harboring of ticks and other vermin in the tall grass, and WHEREAS, the Director reports that he has previously attempted to contact the owner of record by certified letter and/or posting of the property, and WHEREAS, the Director reports that his efforts have been to no avail and he has been unable to reach anyone or to obtain any resolution of the situation, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, WHEREAS, the Director obtained a quote for the monthly mowing of these properties for a period of three (3) months, and WHEREAS, by quote dated 7/1/2020, Cheap Pete’s Lawn Care submitted a quote for such work in the amount of $75 total per month, with such work proposed to commence on or about July th 7 for a period of three (3) months for a total amount not to exceed $225 and therefore the Director recommends that the Town Board engage their mowing services, NOW, THEREFORE, BE IT, REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 739 RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to the Property Owner of Record as set forth above requiring that they mow the lawn on their land within 10 days and failing to do so, the Town will cause such action to be taken and the cost thereof will be assessed by the Town Board on the real property and the assessment shall constitute a lien and charge on the real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves of the Director of Building and Codes Enforcement’s engagement of the monthly lawn mowing services of Cheap Pete’s Lawn Care for the amount of $75 total per month for the property described in the preambles of this th Resolution commencing on or about July 7 for a period of three (3) months for a total amount not to exceed $225, to be paid on a monthly basis upon Cheap Pete’s Lawn Care submitting a proper invoice to the Town outlining the dates on which the property was mowed, to be paid for from Account No.: 001-3620-4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $225 from Contingency Account No.: 001-1990-4400 to Account No.: 001-3620-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Building and Codes Enforcement to inform the Town Assessor and/or Town Receiver of Taxes and Assessments of the total expenses of such cutting, trimming, removal or spraying of the property so that the expenses can be properly assessed and constituted as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of July, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES : None ABSENT: Mr. Metivier REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 740 RESOLUTION AUTHORIZING AWARD OF BID TO EDWARD & THOMAS O’CONNOR, INC. FOR 2020 QUAKER/MEADOWBROOK ROAD SEWER FORCE MAIN REPLACEMENT PROJECT RESOLUTION NO.: 241, 2020 INTRODUCED BY: Mrs. Amanda Magee 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 (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 and Meadowbrook Road in early February 2020, 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 as time would not allow for receipt of bids, and WHEREAS, by Resolution No. 89,2020, the Town Board determined that such repairs constituted an emergency procurement needed to best serve Town residents and needed to be completed immediately to protect public health and safety, waived its requirement under General Municipal Law §103 and the Town’s Purchasing Policy, and authorized emergency repairs and by Resolution No.: 108,2020 authorized additional expenses and budget amendments related to these emergency repairs, and WHEREAS, under Town Law Section 202-a the Town Board is required to maintain the sewer system and accordingly, additional replacement of the sewer force main in this area must be permanently repaired immediately to avoid a breach of the temporary repairs, with such sewer force main replacement project (Project) to benefit and the cost to be apportioned between both Districts, and WHEREAS, by Resolution No.: 119,2020, the Town Board authorized engagement of The Chazen Companies (Chazen) related to the design and construction administration of the Project and Chazen accordingly prepared Project bid documents and specifications, and REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 741 WHEREAS, by Resolution No.: 175,2020, the Town Board authorized the Project and the Project financing plan for a maximum estimated $533,000 in serial bonds or bond anticipation notes of the Town on behalf of the Districts, and WHEREAS, by Resolution No.: 185,2020, the Town Board authorized establishment of the Quaker Road Sewer Main Replacement Capital Project No. 231 in the amount of $533,000 to establish funding for Project expenses, and th WHEREAS, the Town Purchasing Agent opened bids for the Project on June 30, 2020, and WHEREAS, Chazen, the Town Wastewater Director and Purchasing Agent have recommended that the Town Board award the Project bid to the lowest, responsible bidder, Edward & Thomas O’Connor, Inc., for their base bid price of $430,000 plus Contingency of $40,000, for a total price of $470,000, and WHEREAS, the Wastewater Director has advised the Town Board that there are times when Change Orders may become necessary for such Project and has requested that the Town Board also authorize him to approve and sign any and all Change Orders pertaining to the Project including those related to time extensions, additions and/or deductions up to a ten-percent (10%) contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the 2020 Quaker and Meadowbrook Roads Emergency Sewer Force Main Replacement Project (Project) from the lowest, responsible bidder, Edward & Thomas O’Connor, Inc., for their base bid price of $430,000 plus Contingency of $40,000 for a total price of $470,000, to be paid from Capital Project Account No.: 231-8120-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement between the Town and Edward & Thomas O’Connor, Inc., and any other necessary documentation in form acceptable to the Town Supervisor, Wastewater Director, Town Budget Officer, Purchasing Agent and/or Town Counsel, and REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 742 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Wastewater Director to approve and sign any and all Change Orders pertaining to the Project, including those related to time extensions, additions and/or deductions, up to a ten-percent (10%) contingency or in the total amount not exceeding $47,000 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Budget Officer, Purchasing Agent and/or Town Counsel to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of July, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES : None ABSENT:Mr. Metivier RESOLUTION APPROVING AUDITS OF BILLS – WARRANTS: 06/29/2020 AND 07/07/2020 RESOLUTION NO.: 242, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants: 06292020 and 07072020 with run dates of 06/29/2020 and 07/02/2020 and payment dates of 06/29/2020 and 07/07/2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills presented as Warrants: 06292020 and 07072020 with run dates of 06/29/2020 and 07/02/2020 and payment dates of 06/29/2020 and 07/07/2020 totaling $24,133.48 and $1,759,790.86 respectively, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 743 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 6 day of July, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None ABSENT: Mr. Metivier 5.0 CORRESPONDENCE DEPUTY CLERK, O’BRIEN-Supervisor’s Monthly Report for Building and Codes and Community Development for June. (On file in Town Clerk’s Office) 6.0 PRIVILEGE OF THE FLOOR (LIMIT-4 MINUTES) JENNIFER DOBKOWSKI- 8 TRAILS END-Spoke regarding the Short Term Rental Law and her ongoing issues she is having with the Airbnb next to her noting the law may need to be revisted. JAMES DOBKOWSKI-8 TRAILS END-Spoke to the Board regarding the ongoing water damage and runoff issues he has been having since the last time he was at the Town Board Meeting of December 16, 2019. 7.0 TOWN BOARD DISCUSSIONS HARRISON FREER (WARD II)  Spoke regarding Gurney Lane being opened for lap swim and for general swim.  Spoke regarding the need for the Town to start reducing its paper use. AMANDA MAGEE (WARD IV)  Spoke regarding how impressed she was after the cleanup that occurred in her area of Town after the storm. GEORGE FERONE (WARD III)  Spoke regarding Glens Falls Hospital completing their affiliation with Albany Medical st Center on July 1. It is just going to make our local hospital that much stronger. Looking forward to working with the folks down in Albany. SUPERVISOR STROUGH  Thanked the Highway Department for the great job they did with cleaning up after the F1 Tornado that hit the area.  Glens Falls Hospital is a great institution in itself. Tied in with the Capital Region and other hospitals including Saratoga Hospital working together. We are all going to benefit from that arrangement. Congratulations to Glens Falls Hospital.  Spoke regarding Glens Falls and Town of Queensbury noted they have had a great relationship that dates back to 1962.  Spoke regarding upcoming Capital Projects for the Water/Wastewater Department that need to done.  Monthly sales tax collections the good news so far the hit has been moderate. So far, for the year it is down four point three percent. Let us count our blessing so far and hope that the bottom still does not fall out.  Received phone calls regarding obtaining masks from the Town. The Town has received another box of five hundreds masks. You can call with how many masks you need and come and pick them up.  Park and Recreation are putting together a limited and safe summer program.  Ryan Moon, Real Property Analyst from the New York State Department of Taxation and Finance Office of Real Property Tax Services certifies that the State Office of Real Property REGULAR TOWN BOARD MEETING, 07-06-2020, MTG# 22 744 Tax Services established a final state equalization rate for the Town of Queensbury of one hundred. This is an ongoing effort by our Assessor, Teri Ross to keep the Town at a hundred percent every year. We do not have to go through the process of every four or five years of paying an outside firm to come in. Thanked Assessor Ross and her Department.  Discussion held with Moody’s Investor Service noting the Town of Queensbury is doing everything right and rate will stay the same.  Lake George Land Conservancy Newsletter is available. You can go to Lake George Land Conservancy and get it digitally.  Thanked Look TV, Peter Pepe, Pepe Productions, StoreTech. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 243, 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 6 day of July, 2020 by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Freer NOES: None ABSENT: Mr. Metivier Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury MINUTES PREPARED BY DEPUTY CLERK, KAREN O’BRIEN