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10-05-2020 MTG #30 Regular Town Board Meeting, 10-05-2020, MTG # 30 128 REGULAR TOWN BOARD MEETING MTG #30 OCTOBER 5, 2020 RES #329-336 7:02 P.M. BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILWOMAN AMANDA MAGEE TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS LOOK TV, PEPE PRODUCTIONS Supervisor Strough called meeting to order… PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER Supervisor Strough noted that we have Look TV filming our meeting, as well as Zoom and a YouTube platform. 1.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY Supervisor Strough reviewed the proposed seven resolutions before the Town Board. No public comment from audience, from Zoom nor YouTube. 2.0 RESOLUTIONS RESOLUTION AUTHORIZING 2021 RENEWAL CONTRACT FOR EMPIRE MEDIBLUE FREEDOM (PPO) MEDICARE ADVANTAGE INSURANCE RESOLUTION NO.: 329, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury previously entered into agreements for employee group health insurance plans with Blue View Vision, Empire Blue Cross and Empire Blue Cross Medicare Advantage, and WHEREAS, the Town Board, in conjunction with Upstate Agency LLC, has negotiated a renewal contract for the year 2021 with Empire MediBlue Freedom (PPO) Medicare Advantage, NOW, THEREFORE, BE IT Regular Town Board Meeting, 10-05-2020, MTG # 30 129 RESOLVED, that the Queensbury Town Board hereby approves and authorizes a renewal contract for the year 2021 with Empire MediBlue Freedom (PPO) Medicare Advantage with the 2021 monthly premium to be $395.80 per member, and BE IT FURTHER, RESOLVED, that in the event that surcharges, fees or taxes are mandated or imposed on the Town’s health insurance policies that are beyond the Town’s control, resulting rate changes may be passed on to all employees without further Town Board Resolution, although the Town will provide notice of any such rate changes to all employees and retirees, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and 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 5 day of October, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES : None ABSENT: None ABSTAIN: Mr. Metivier RESOLUTION SETTING HEARING ON NORTHEAST POWER SYSTEMS, INC.’S (NEPSI’S) APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENTS RESOLUTION NO.: 330, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Northeast Power Systems, Inc.’s (NEPSI’s), has applied to the Town Board for a variance/waiver from Town Code §136-44.1 for an exemption from the Town’s connection requirements to connect its property located at 66 Carey Road, Queensbury to the West Queensbury Regular Town Board Meeting, 10-05-2020, MTG # 30 130 Sanitary Sewer District as set forth in its September 21,2020 application presented at this meeting, and WHEREAS, pursuant to Section 136-44.1(C)(5)(a), in order for the Town Board to consider the granting of such a variance or waiver, the property owner must be willing to pay the full and usual sewer rents, assessments and taxes accruing against the property, and WHEREAS, the requested waiver appears to be based on costs of connection which provides any waiver shall be for a time period not to exceed two (2) years, NOW, THEREFORE, BE IT th RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, October 19, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Northeast Power Systems, Inc.’s (NEPSI’s) sewer connection variance/waiver application concerning its property located at 66 Carey Road, Queensbury (Tax Map No.: 308.20-1-6), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant as required by law. th Duly adopted this 5 day of October, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 331, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town’s Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and Regular Town Board Meeting, 10-05-2020, MTG # 30 131 WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s), to be sold or disposed of as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Item Dept Tag# 2001 Ford F-450 4 3972 2003 Ford F-350 4 4111 2008 Ford F-350 1 8711 Snowplow minute mount 1 8783 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s), to be sold or disposed of as scrap, as follows: Item Dept Tag# 2001 Ford F-450 4 3972 2003 Ford F-350 4 4111 2008 Ford F-350 1 8711 Snowplow minute mount 1 8783 and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus item(s) and all Town proceeds from the sales shall be deposited into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Regular Town Board Meeting, 10-05-2020, MTG # 30 132 Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of October, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF STILSING ELECTRIC, INC. FOR TRAFFIC SIGNAL REPAIR AND MAINTENANCE RESOLUTION NO.: 332, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Purchasing Agent requested proposals for traffic signal repair and maintenance services, and WHEREAS, the Purchasing Agent received and the Purchasing Agent, Town Supervisor and Town Highway Superintendent have reviewed the one and only received proposal submitted by Stilsing Electric, Inc., and have recommended that the Town Board authorize engagement of Stilsing Electric, Inc., for such services as delineated in Stilsing Electric, Inc.’s, 9/17/2020 proposal presented at this meeting, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Stilsing Electric, Inc., for traffic signal repair and maintenance services as delineated in Stilsing Electric, Inc.’s, 9/17/2020 proposal presented at this meeting to be paid for from Traffic Control Equipment Repairs Account No.: 001-3310-4800, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the proposal, any needed agreement between the Town and Stilsing Electric, Inc.’s and/or documentation, and the Town Supervisor, Highway Superintendent, Purchasing Agent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 10-05-2020, MTG # 30 133 th Duly adopted this 5 day of October, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING CHANGE ORDER NO.: 002 TO CONTRACT WITH HEWITT YOUNG ELECTRIC, LLC IN CONNECTION WITH HIGHWAY GARAGE CAPITAL PROJECT RESOLUTION NO.: 333, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 82,2016, the Queensbury Town Board authorized establishment of the Highway Garage Capital Project (Project) and Highway Garage Capital Project Fund #208 and engagement of C.T. Male Associates (C.T. Male) for engineering services related to the Project, and WHEREAS, by Resolution No.: 414,2019, the Town Board accepted and awarded the bids for the Project including for Electrical Contract 04 to Hewitt Young Electric, LLC (Hewitt) for an amount not to exceed $158,700 and by Resolution No.: 256,2020 authorized Hewitt’s Change Order No.: 001 in the amount of $4,539.83 bringing the total contract amount for Hewitt to $163,239.83, and WHEREAS, C.T. Male had advised that there were some changes in light fixtures and increase in amperage on a few lines related to the Project which resulted in a $3,217.77 increase in Electrical Contract 04 as set forth in Hewitt’s proposed Change Order No.: 002 presented at this meeting, and WHEREAS, upon review, C.T. Male has recommended that the Town Board authorize Change Order No.: 002 in the amount of $3,217.77, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and approves Hewitt Young Electric, LLC’s Change Order No.: 002 dated 9/30/2020 pertaining to Highway Garage Project Electrical Contract 04 described in the preambles of this Resolution in the amount of $3,217.77, bringing the total contract amount for Hewitt to $166,457.60, to be paid for from Highway Garage Capital Project Fund #208, and Regular Town Board Meeting, 10-05-2020, MTG # 30 134 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute Change Order No.: 002 substantially in the form presented at this meeting and/or any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to adjust the Project’s appropriations and/or take any other needed actions as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Town Budget Officer to take all other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of October, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES : None ABSENT: None RESOLUTION TO AMEND 2020 BUDGET RESOLUTION NO.: 334, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2020 Town Budget as follows: To Code Appropriation Code Appropriation $ Regular Town Board Meeting, 10-05-2020, MTG # 30 135 001-1990-4400 Contingency 001-4020-4135 Vital Stat Compensation 3,500 th Duly adopted this 5 day of October, 2020 by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT: 10062020 RESOLUTION NO.: 335, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 10062020 with a run date of 10/01/2020 and a payment date of 10/06/2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 10062020 with a run date of 10/01/2020 and a payment date of 10/06/2020 totaling $1,160,969.30, 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 5 day of October, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES : None ABSENT: None 3.0 CORRESPONDENCE Town Clerk Barber noted that the Building and Codes Supervisor’s September Monthly Report has been received and is on file in the Town Clerk’s Office. Regular Town Board Meeting, 10-05-2020, MTG # 30 136 4.0 PRIVILEGE OF THE FLOOR – (LIMIT 4 MINUTES) ATTORNEY MICHAEL O’CONNOR referred to the final signoff for the Queensbury Partner’s proposed modification to the Planned Unit Development. SUPERVISOR STROUGH noted that’s been done, the Town Board took action at the last Town Board Meeting. ATTORNEY O’CONNOR questioned the status of further site plan. TOWN COUNSEL SCHACHNER noted that the determination was made that no further site plan review is needed. ATTORNEY O’CONNOR spoke regarding a petition that he filed for a road abandonment on behalf of Justin Mootz and asked if the Town Board has set a public hearing yet. SUPERVISOR STROUGH noted that the Town Board would like to familiarize themselves with the th proposal and stated that he will put the discussion on the agenda for the October 14 workshop. COUNCILMAN METIVIER noted that he was familiar with the situation, that it was in his neighborhood and he would be able to provide all of the information as well. Noted that it’s not a road, it’s a paper street. COUNCILMAN FERONE questioned whether this will cause it to become landlocked. COUNCILMAN METIVIER stated it would not. The two property owners would like to purchase the property from the Town. th SUPERVISOR STROUGH noted that we will discuss further at the October 14 workshop when we have some history and the maps before us. No comments from YouTube nor Zoom. OPEN FORUM CLOSED 5.0 TOWN BOARD DISCUSSIONS COUNCILWOMAN MAGEE (WARD IV) – Nothing to report. COUNCILMAN FEREONE (WARD III)  We will be holding our first Queensbury Road Safety Committee meeting tomorrow at 4 p.m. here and I do have very large list of items that people have sent over time. COUNCILMAN FREER (WARD II)  Noted that he has had folks ask about Halloween and Town Policy.  Questioned whether there has been any decisions made regarding the Crossing Guards.  Noted that he has been doing some research of short term rentals across the region and in Lake Placid and has found there to be a lot of controversy. COUNCILMAN METIVIER (WARD I)  I was siding my Mother’s garage on Sunday which is on the side of the road up at the lake and had many people stop to tell me that we’re doing a great job. Having been doing this for fifteen years, I can’t ever remember another Town Board that is as fine as you all have been and so I feel very blessed to work with each of you. I wanted to share that with you, as many of them did with me, that we’re doing a great job and I am very fortunate to be a part of this board so thank you.  Thanked the Town Clerk for getting through another tax collection and for her staff who provided their service of collecting taxes outside, even in the cold. Regular Town Board Meeting, 10-05-2020, MTG # 30 137 SUPERVISOR STROUGH  Noted that the status of Halloween will be determined by the State and directed to the County and the Town would have to abide.  In respect to the Crossing Guards, we are still researching the matter.  Agreed with Councilman Metivier, we do have a good team and recognized Town Counsel, Town Clerk, Highway Department, Parks & Recreation, Building & Grounds, Assessment, Planning & Zoning, Code Enforcement. It’s one big community, one big family and all of the people are extremely dedicated to doing the right thing for the Town. So we’re blessed all the way around.  Received a notice from Ben Driscoll announcing that the Salvation Army will be hosting a drive-thru pantry, a contactless drive-thru food distribution on Mondays thth in October starting today and continuing on the 12 and 19 from 10 a.m. to 12 p.m. in the Six Flags parking lot located at 33 Round Pond Road.  Noted that the bridge is up on the Halfway Brook Trail and would like to thank the following volunteers: Harrison Freer and son Brody Freer, Russell Hilliard, Carol Fisher and her husband Jim Underwood and Dave Hodgson.  Referred to note from Ben Driscoll thanking the Town Board for the opportunity to present information last meeting about SNAP and other opportunity programs available to the residents of Warren County as a representative of the Catholic Charities of Saratoga Warren and Washington Counties.  Thanked Peter from PEPE Productions, Joe Barlow of Look TV, our Town Counsel Mark Schachner of Miller Mannix Schachner & Hafner, Caroline Barber our Town Clerk and Town Board Members, thank you all for all of your hard work that you do. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 336, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 5 day of October, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY