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12-21-2020 MTG #39 REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 257 REGULAR TOWN BOARD MEETING MTG #39 December 21, 2020 BOH #61-66 7:00 P.M. RES. 403-418 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILWOMAN AMANDA MAGEE TOWN COUNSEL MARK SCHACHNER, ESQ. TOWN OFFICIALS CONNIE GOEDERT, CEMETERY SUPERINTENDENT PRESS LOOK TV PEPE PRODUCTIONS POST STAR (REMOTE) SUPERVISOR STROUGH called meeting to order… PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 403, 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. st Duly adopted this 21 day of December 2020 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None ABSENT: None PUBLIC HEARING: APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES OF ROBERT STEPHENS NOTICE SHOWN PUBLICATION DATE: DECEMBER 11, 2020 SUPERVISOR STROUGH- Alright, Robert Stephens has filed an application for variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 and it REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 258 requires applicants to obtain a variance for holding tanks. The applicant wishes to get a variance for a 4,000 gallon septic holding tank in lieu of a septic disposal area on a property sited at 128 Sunnyside North in Queensbury. There is a public hearing on this tonight. We’ll open that in a minute, but is there an agent for this application that wishes to expand further on what’s being requested here? ROBERT STEPHENS- I’m Robert Stephens. SUPERVISOR STROUGH- Robert, do you want to come forward? MR. STEPHENS- …I don’t know what I’m supposed… SUPERVISOR STROUGH- Alright, well you don’t have to come forward. You’re just saying Robert Stephens is here in case we need him. Alright, I will open the public hearing on this. Is there anybody present tonight who wishes to speak to this Robert Stephen’s application for sanitary sewage disposal variance? Seeing none here, and I’m seeing none, the only attendee I’m seeing on the Zoom is George. I don’t see any of the public. YouTube, if you’re on YouTube, you can call in at (518) 761-8225, if you wish to call in. The phones are working, we tested it. Alright, seeing no interest from the public to speak to this, any thoughts on behalf of the Town Board? Then we will move to a motion to approve if you want us to consider that. OPENED PUBLIC HEARING NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING ROBERT STEPHENS’ APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 61, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Robert Stephens (Applicant) filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks as the Applicant wishes to install a new 4,000 gallon septic holding tank in lieu of a sewage disposal system on property situated at 128 Sunnyside North 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 st variance request on Monday, December 21, 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 REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 259 RESOLVED, that 1. due to the nature of the variance, the Local Board of Health determines that the variance 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 variance is necessary for the reasonable use of the land and is the minimum variance 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 Stephens for a variance from the Sewage Disposal Ordinance to install a new 4,000 gallon septic holding tank in lieu of a sewage disposal system on property located at 128 Sunnyside North in the Town of Queensbury and bearing Tax Map No: 279.17-2-7. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES: None ABSENT: None CONTINUATION OF PUBLIC HEARING ON AN APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES OF MICHAEL GRASSO NOTICE SHOWN PUBLICATION DATE: NOVEMBER 20, 2020 SUPERVISOR STROUGH- Okay, we opened the public hearing last time we met and there was a th problem with the address, December 7. There was a problem with the number of bedrooms and there was thoughts of enhancing the system so we carried it on to tonight. The agent for the applicant and the engineer, Tom Center is here to speak to this. But, we’ll have a public hearing if there’s anyone here that wants to speak to this application; but we’re probably going to leave the public hearing open and not take any action. Tom is going to update the information to us and we’ll bring it back. Like I th said, continue the public hearing and bring it back for Town Board consideration on January 11. Tom, go ahead. TOM CENTER, AGENT- The issue was brought up by Mr. Strough last time with regards to the four bedrooms verses the three bedrooms, the house we are looking for the variance for is a three bedroom house. It’s the camp next to Mr. Grasso’s home address. Everything on my application, including the letter has 21 Rappaport for the project. In the application, when it lists owner’s home address, owner’s home address is 23 so you put the applicant’s home address on there and that’s what got transposed into the Resolution; but all of the application itself that was filed is for 21 Rappaport. So when Mr. Strough looked on-line and saw the four bedrooms, he was looking at Mr. Grasso’s home address, which is four bedrooms; but that’s not part of this project. This project … which is the three bedroom REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 260 house, we have a three bedroom application. The issue we’ve been discussing is the enhanced treatment. Before we had a survey and had the shoreline located and all our setbacks, we had discussed the options of using enhanced treatment if we had a shoreline issue; and then we also did our test pit. The difference really, for this site, we went to like a Presby System. We haven’t got the prices for that yet. We’re working on those; but the issue with that is that’s a two foot…system so we’re getting closer to a boundary condition if we go to a Presby, cleaner effluent but closer to the boundary conditions verses pipe and stone, which as our separation distance from the shoreline. We sit up higher than the like, we’re back further than in … pipe and stone, we’ve used it in many places we just didn’t want to…on Brayden Lane, right around the corner, that we did pipe and stone, we had all our setbacks. We had a variance just for the septic and pump station. So I’m very comfortable with the pipe and stone look, pipe and stone design for the three bedrooms. I think it was the issue that got us off track was the four bedroom verses the three…it’s going to be more expensive but… SUPERVISOR STROUGH- But, Tom we’ve got just the opposite problem. Before we were dealing with 23 Rappaport, which wasn’t the case, we’re actually looking at 21 Rappaport. MR. CENTER- Correct. SUPERVISOR STROUGH- But when I looked for the information on 23 Rappaport it was saying four bedrooms and you had designed it for three. MR. CENTER- Correct. SUPERVISOR STROUGH- Alright, you’re saying three is the correct number for 21 Rappaport, but the assessment says it’s only two. MR. CENTER- That’s correct but if you look at the actual written forms, it shows three bedrooms. At some point in time I think there may be a bedroom that’s used as a bedroom, designed as a bedroom for these purposes but doesn’t qualify as a technical bedroom if the closet was taken out at any point in time, but it’s still used as a bedroom. The actual difference between a two bedroom and a three bedroom for the septic tank issue that we’re asking the variance for is still a thousand gallon tank. So it makes no difference whether it’s two bedrooms or three bedrooms. SUPERVISOR STROUGH- Well it does for the size of the field, Tom. MR. CENTER- But the field meets the criteria of the hundred foot setback from the shoreline. SUPERVISOR STROUGH- Yeah but the size of the field, the number of linear feet, depending on what kind of system…a traditional system and a hundred gallon per day outflow and so forth for the number of bedrooms, it’s a certain length, it’s a certain size. Even if you go with the Presby System, it’s going to be a certain number of units. So you and the Assessor’s Office, will you please get this straightened out as part of what you’re going to straighten out before you resubmit the paperwork and th we’ll look at it January 11, okay. MR. CENTER- Okay. SUPERVISOR STROUGH- Okay, thank you. Other thoughts on behalf of the Town Board? The reason why we say that is, we can’t approve a system for three bedrooms if it’s only a two bedroom. We’re only allowed to approve what is existing. MR. CENTER- And I understand that. That’s in relation to the septic, the variance that we’re asking for is in relation to the septic tank only and the pump station. Whether it is a two bedroom, it’s a still a thousand gallon septic tank. SUPERVISOR STROUGH- I don’t, yeah. MR. CENTER- And the field being that it meets the setback. I can understand a hundred percent if this had to do with the field, that the field was less than a hundred feet from the shoreline or that it had a boundary condition or something that was related to the actual, the effluents field. REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 261 SUPERVISOR STROUGH- But again, the size of the field is directly related to the number of bedrooms. So we have to get that straightened away. This Board doesn’t care as long as everything matches up, okay. MR. CENTER- Yes. SUPERVISOR STROUGH- Are we okay with this? So we’ll leave the public hearing open and we’ll th continue this maybe January 11, Tom. COUNCILMAN FREER- Did we open the public hearing. COUNCILMAN METIVIER- Yes. SUPERVISOR STROUGH- Town Counsel would like to make comment. TOWN COUNSEL, MARK SCHACHNER- Just in reference to, we want to make sure that nothing that’s being proposed needs a new public notice, notice of public hearing. The variance that’s being sought are still the seven foot variance for the setback from the house and ten foot variance from the well. Is that correct? MR. CENTER- I talked with Dave, it’s the same neighbors would be noticed whether it was 21 or 23. There’s no change in the notice… TOWN COUNSEL, SCHACHNER- And the variances we are seeking are the same variances? MR. CENTER- Exactly, yes. TOWN COUNSEL, SCHACHNER- The public notice, I don’t have the notice in front of me here but it was sent out with the proper address? MR. CENTER- It was sent out for 23. TOWN COUNSEL, SCHACHNER- Which is the proper address? MR. CENTER- It is not. TOWN COUNSEL, SCHACHNER- That’s what I thought so that’s my concern. SUPERVISOR STROUGH- They’re right next to one another but if they’ve got to notice the neighbors, it’s the same neighbors. TOWN COUNSEL, SCHACHNER- Yeah, sounds like no harm no foul situation. I just want to make sure the Board is aware that in theory, technically, sounds like the notice of public hearing referenced an incorrect address. Doesn’t sound like there’s any material problem with that because same neighbors, what I was concerned about, the same amount of variances and we do have the same amount of variances. I just want to make sure the Board understands what’s going on. SUPERVISOR STROUGH- Okay, thank you. Okay, alright, thank you Tom. COUNCILMAN METIVIER- Thanks Tom. COUNCILMAN FREER- Merry Christmas. COUNCILMAN METIVIER- Merry Christmas Tom. PUBLIC HEARING LEFT OPEN RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MICHAEL LOUGHREY REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 262 RESOLUTION NO.: BOH 62, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Michael Loughrey (Applicant) has applied to the Local Board of Health for a variance from Chapter 136 to maintain an existing sewage disposal system that does not meet today’s current requirements on his property as follows:  Maintain the existing 1,000 gallon holding tank at his seasonal two bedroom residence instead of installing a 3,000 gallon holding tank required of a two bedroom residence; on property located at 11 Sign Post Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing th on Monday, January 11, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Michael Loughrey’s sewage disposal variance application concerning property located at 11 Sign Post Road, Queensbury (Tax Map No.: 239.16-1-7) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500’ of the applicant’s property as required by law. st Duly adopted this 21 day of December, 2021, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 263 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN HAMPSHIRE RESOLUTION NO.: BOH 63, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION 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, John Hampshire (Applicant) has applied to the Local Board of Health for variances from Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks as the Applicant wishes to install a new 2,000 gallon septic holding tank in lieu of a sewage disposal system on property situated at 62 Dream Lake 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 on th Monday, January 11, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John Hampshire’s sewage disposal variance application concerning property located at 62 Dream Lake Road in the Town of Queensbury (Tax Map No.: 279.17-1-10) 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. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 264 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN AND MARY JO SABIA RESOLUTION NO.: BOH 64, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Amanda Magee 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, John and Mary Jo Sabia (Applicants) have applied to the Local Board of Health for variances from Chapter 136 to install a new wastewater system with certain of its components to be located as follows: 1. Absorption field to be 68’ from the existing well and 40’ from an adjoining property’s well instead of the required 100’ setback(s); 2. Disposal bed to be 6’ from the residence instead of the required 20’ setback; 3. Pump station to be 8’ from the property line instead of the required 10’ setback; 4. Disposal field to be 5’ from the property line instead of the required 10’ setback; 5. Disposal bed to be 60’ from the Glen Lake shoreline instead of the required 100’ setback; and 6. Force main effluent to be 4’6” from the property line instead of the required 10’ setback; on property located at 43 Canterbury Drive in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing th on Monday, January 11, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John and Mary Jo Sabia’s sewage disposal variance application concerning property located at 43 Canterbury Drive, Queensbury (Tax Map No.: 289.17-1-26) and at that time all interested persons will be heard, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 265 RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500’ of the applicant’s property as required by law. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF CHARLES CARDER RESOLUTION NO.: BOH 65, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Amanda Magee 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, Charles Carder (Applicant) has applied to the Local Board of Health for variances from Chapter 136 to install a new wastewater system with certain of its components to be located as follows: 1. Tanks to be 37’5” from the Glen Lake shoreline instead of the required 50’ setback; 2. Tanks to be 5’1” from the property line instead of the required 10’ setback; 3. Tanks to be 5’5” from the existing dwelling instead of the required 10’ setback; 4. Disposal system to be 81’ from the Glen Lake shoreline instead of the required 100’ setback; and 5. ETU to be 6’5” from the existing residence instead of the required 10’ setback; on property located at 93 Fitzgerald Road in the Town of Queensbury, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 266 RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing th on Monday, January 11, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Charles Carder’s sewage disposal variance application concerning property located at 93 Fitzgerald Road, Queensbury (Tax Map No.: 289.14-1-24) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500’ of the applicant’s property as required by law. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 66, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. st Duly adopted this 21 day of December 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES: None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN.) NO PUBLIC COMMENT 3.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 267 QUEENSBURY TOWN CODE TO REVISE §179-2-010(C) "DEFINITIONS" AND TABLE 2: SUMMARY OF ALLOWED USES IN RESIDENTIAL DISTRICTS RESOLUTION NO.: 404, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to adopt Local Law No.: ____ of 2021 to allow for the addition of Tree Service/Landscape Company uses as allowed by Site Plan Review in the Rural Residential 3 Acre (RR-3A) and Rural Residential 5 Acre (RR-5A) Zoning Districts, and WHEREAS, before the Town Board may amend the 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 Code, and WHEREAS, zoning code changes may be forwarded to the Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law, and WHEREAS, zoning changes are subject to Warren County Planning Department review in accordance with §239-m of NYS General Municipal Law, and WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the proposed Zoning Code amendments prior to adoption, and WHEREAS, the Town of Queensbury amendments comply with and are in furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this Local Law, NOW THEREFORE BE IT RESOLVED, the Queensbury Town Board formally authorizes and directs the Town Clerk or the Director of Planning, Zoning & Code Compliance to forward copies of the proposed Zoning Code amendments to the Planning Board for a recommendation, and BE IT FURTHER, RESOLVED, that the Town Board formally authorizes and directs the Town Clerk or Town Director of Planning, Zoning and Code Compliance to forward copies of the proposed Zoning Law Amendments to the Adirondack Park Agency for its review and approval in REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 268 accordance with Article 27 of the Executive Law, §807, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk or Director of Planning, Zoning and Code Enforcement to forward copies of the proposed Zoning Law Amendments to the Warren County Planning Department for its review and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board shall meet and hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, January , th 11 2021 to hear all interested persons concerning proposed Local Law No.: _ of 2021 which provides for certain amendments of the Town of Queensbury's Zoning Code, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to provide the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's website and public bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send the Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials, agencies, municipalities or individuals, in accordance with New York State Town Law §265 and any other applicable State Laws or Town Code provisions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or Town Director of Planning, Zoning and Code Compliance to take such other actions and give such other notices as may be necessary in preparation for the Public Hearing and for the Town Board to lawfully adopt proposed Local Law No.:_ of 2021. st Duly adopted this 21 day of December, 2020, by the following vote: REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 269 AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF DONATIONS TOWARD CANDY CANE LANE HOLIDAY EVENT RESOLUTION NO.: 405, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury hosts an annual holiday event/tree lighting at the Town’s Office Complex and this year it is entitled the “Candy Cane Lane Holiday Event,” and WHEREAS, various local organizations offered financial donations, food/beverages and/or crafts with approximate donation values as follows:  Speedway - $50  Red Lobster - $50  Tavern - $50  Walmart - $100  Feigenbaum Cleaners - $25  Jiffy Car Wash - $35  Bay Meadows - $50  Harvest - $25  Freihofer’s - $375  Stewarts - $500  Marshall & Sterling - crafts for bags - $225  Cool Beans – gift bags - $1,000 and WHEREAS, the Town Board is honored by these generous donations which benefit Town residents and wishes to approve, authorize and ratify such donations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, accepts and ratifies the financial donations, food/beverages and/or crafts from the organizations as delineated in the preambles of this Resolution towards the Town’s “Candy Cane Lane Holiday Event,” and REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 270 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to send certified copies of this Resolution to the various organizations with a letter from the Town thanking them for their generosity and the Town Supervisor and/or Town Budget Officer to take all actions necessary to provide for the donations and effectuate the terms of this Resolution. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BASF FOR ACCESS TO BASF PROPERTY IN VICINITY OF RIVER STREET, QUEENSBURY RESOLUTION NO.: 406, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution 294, 2018, the Queensbury Town Board accepted grant funding for the Queensbury South Brownfield Opportunity Area (BOA) Nomination Study, and WHEREAS, the BOA Nomination Study includes feasibility, planning and design analysis of a Feeder Canal Trail trailhead facility on lands owned by BASF, and WHEREAS, BASF has agreed to permit access to the property provided the Town enters into a Permission to Enter Premises Agreement (Agreement), and WHEREAS, the Senior Planner has recommended approval of the Agreement, and REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 271 WHEREAS, a copy of this Agreement has been presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Permission to Enter Premises Agreement substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement and any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Senior Planner and/or Town Counsel to take such other and further actions as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None *DISCUSSION HELD BEFORE VOTE: COUNCILMAN FREER- Explained that he is a trustee on the Feeder Canal Alliance. RESOLUTION AUTHORIZING EMERGENCY TREE REMOVAL SERVICES AT PINE VIEW CEMETERY RESOLUTION NO.: 407, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Cemetery Superintendent has advised that due to certain tree limbs breaking off and a tree falling into the roadway at the Pine View Cemetery thereby creating potential safety hazards that could result in personal injury, certain emergency tree removal services were needed, and REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 272 WHEREAS, the Town Cemetery Superintendent acquired quotes for such tree removal services from Richard Sears, and WHEREAS, the Town Cemetery Commission offered to fund such services, and WHEREAS, the Town Board hereby determines that such services were an emergency procurement needed to best serve the Town’s residents and such services should have been done as soon as possible, NOW, THEREFORE, BE IT RESOLVED, due to the emergency nature of the above-described procurement, the Queensbury Town Board hereby approves, authorizes and ratifies the Town Cemetery Superintendent and Cemetery Commission’s engagement of Richard Sears to provide emergency tree removal services as delineated in the preambles of this Resolution for the total amount of $3,600, and BE IT FURTHER, RESOLVED, that the Town Board hereby accepts payment in the amount of $3,600 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. Contractual – 002-8810-4400 by $3,600;  Increase Revenue – Misc. Revenue – 002-0000-52770 by $3,600; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Cemetery Superintendent and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 273 st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OF UPSTATE NEW YORK, INC. FOR BOARDING SERVICES RESOLUTION NO.: 408, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 160,2020, the Town of Queensbury authorized a three (3) year Agreement with the Society for the Prevention of Cruelty to Animals of Upstate New York, Inc., (SPCA) for dog control services, and WHEREAS, the Town and SPCA wish to enter into a separate Agreement for boarding services and a proposed Agreement for these services is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town of Queensbury and the Society for the Prevention of Cruelty to Animals of Upstate New York, Inc., entitled, “Agreement Between Town of Queensbury and Society for the Prevention of Cruelty to Animals” for boarding services substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and any other needed documentation and the Town Supervisor, Town Clerk REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 274 and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTHWAY ANIMAL EMERGENCY CLINIC PLLC FOR VETERINARY SERVICES RESOLUTION NO.: 409, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has authorized the Society for the Prevention of Cruelty to Animals of Upstate New York, Inc. (SPCA) to undertake certain activities on its behalf in accordance with the New York State Agriculture and Markets Law and the Queensbury Town Code, and WHEREAS, on behalf of the Town, SPCA will be in possession of dogs which may need emergency veterinary care or care outside of normal business hours, and WHEREAS, the Town Clerk has recommended that the Town Board authorize an Agreement with the Northway Animal Emergency Clinic PLLC for the care of dogs found within the Town by the SPCA, Warren County Sheriff or New York State Police which are in need of such emergency veterinary care or care outside of normal business hours, and WHEREAS, a proposed Agreement for 2021 has been presented at this meeting and is in form acceptable to the Town Clerk and Town Counsel, REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 275 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement with the Northway Animal Emergency Clinic PLLC for the care of dogs found within the Town by the SPCA, Warren County Sheriff or New York State Police which are in need of emergency veterinary care or care outside of normal business hours for January 1, 2021 through December 31, 2021, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Veterinary Services Agreement substantially in the form presented at this meeting and any other needed documentation and the Town Supervisor, Town Clerk and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESOLUTION AUTHORIZING PROPOSAL OF ENVIRONMENTAL & FUELING SYSTEMS FOR UNDERGROUND STORAGE FUEL TANK REPLACEMENT AT WATER DEPARTMENT RESOLUTION NO.: 410, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 282,2020, the Queensbury Town Board authorized establishment of Water Treatment Plant Campus Improvements Capital Project No. 232 in the amount of $150,426.48 to establish funding for expenses related to the repairs and improvements at the Water Treatment Plant Facility/Campus, and WHEREAS, the Town Water Superintendent has recommended that the Town Board authorize replacement of an underground storage fuel tank at the Town Water Department (Project) as the present tank is nearing the end of its 30 year old warranty period and the Town would incur significant expense to upgrade the tank to meet current EPA regulations, and REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 276 WHEREAS, New York State Office of General Services (OGS) awarded a Contractor’s Proposal to Environmental & Fueling Systems (EFS) for Design and Construction work related to OGS Project No.: 45531C - Fuel Tank Modification and Environmental Remediation Program - which the Town Purchasing Agent and Town Counsel have determined meets the requirements of New York State General Municipal Law and the Town’s Purchasing Policy (hereinafter called the OGS Agreement), and WHEREAS, the OGS Agreement program includes the Northern Region, a geographical area in the State of New York containing Warren County and the OGS Agreement provides that EFS may propose for design and construction projects within the Northern Region 8, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to “piggyback” off an existing County/State Bid and therefore, due to the agreeable and advantageous terms represented by OGS in this instance, the Town of Queensbury wishes to piggyback with the OGS Agreement, and WHEREAS, the Town of Queensbury will adhere to all New York State bidding requirements, and WHEREAS, EFS has submitted a Contractor’s Proposal dated 12/14/20 for the Project in the amount of $181,067 and the Water Superintendent has requested Town Board approval to accept the Proposal, and WHEREAS, the Town Board wishes to authorize such Project, with funding to be from Water Capital Reserve No.: 65, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Water Capital Reserve No.: 65 subject to permissive referendum, and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for the Project and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 10% contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Environmental & Fueling Systems’ 12/14/20 Contractor’s Proposal in the amount of $181,067 substantially in the form presented at this meeting and in accordance with NYS OGS Project No. 45531-C to be paid from Capital Expense Account No.: 232- 8130-2899, and REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 277 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 10% contingency or in the total amount not exceeding $18,108 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for this Project is an expenditure for a specific capital project and/or certain maintenance project for which the Water Capital Reserve Account No.: 65 was established, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer from Water Capital Reserve No.: 65 in the amount of $199,175 to Capital Expense Account No.: 232-8130-2899 to fund such purchase, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs an increase in funding in the Capital Project by transferring $199,175 from Capital Reserve No. 65 to the Capital Project as follows:  040-9950-9030-0065 Transfer to Capital Project - $199,175  232-0000-55031 Interfund Transfers - $199,175  232-8310-2899 Capital Construction - $199,175 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any 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 the Proposal, any other needed Agreement and/or documentation between the Town and EFS in form acceptable to the Town Supervisor, Water Superintendent, Town Budget Officer and/or Town Counsel, and the Town Supervisor, Water Superintendent, Town Budget Officer and/or Town Counsel to take any and all actions necessary to effectuate the terms of this Resolution and REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 278 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. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESOLUTION AUTHORIZING CONTRIBUTION TO THE FUND FOR LAKE GEORGE, INC. TOWARD PILOT PROJECT FOR THE LAKE GEORGE REGION TO IDENTIFY AND STOP HEMLOCK WOOLLY ADELGID RESOLUTION NO.: 411, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, The Fund for Lake George, Inc., has advised that it has organized a “Save Our Lake George Hemlocks Initiative” with the Adirondack Park Invasive Plant Program to combat the spread of hemlock woolly adelgid in the Lake George Watershed and the larger region, and WHEREAS, The Fund for Lake George has requested that the Town of Queensbury partner with them and other municipalities in this effort with the goal of identifying future infestations sooner to limit the extent of the invasive species’ spread in this region, and WHEREAS, the environmental health and overall quality of life in the Lake George Watershed Area is critical to the social and economic well-being of the Town of Queensbury, Warren County and the region in general and the protection, preservation and proper management of water quality within the Basin is an essential ingredient to maintaining this important natural resource as a key to the social and economic vitality of this region, and REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 279 WHEREAS, the Town Board wishes to therefore partner with The Fund for Lake George and participating municipalities and contribute $7,500 toward this important initiative, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town of Queensbury’s participation with The Fund for Lake George, Inc. and other municipalities in its “Save Our Lake George Hemlocks Initiative” to combat the spread of hemlock woolly adelgid in the Lake George Watershed and the larger region, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a contribution of $7,500 to The Fund for Lake George, Inc., to be paid from Community Service Contracts Account No.: 001-8030-4414, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to amend the Town Budget and transfer $7,500 from Miscellaneous Contractual Account No.: 001-1990-4400 to Community Service Contracts Account No.: 001-8030-4414 and take any other actions needed to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to send a certified copy of this Resolution to The Fund for Lake George, Inc., notifying them of the Town’s contribution and execute any needed documentation, and the Town Supervisor and/or the Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESOLUTION TO AMEND 2020 BUDGET REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 280 RESOLUTION NO.: 412, 2020 INTRODUCED BY: Mr. George Ferone 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 $ 009-9060-8060 Health Insurance 009-8160-4447 Trash Disp B 12,000 039-9730-7030 Ban interest 037-9710-7010 Bond Interest 15,200 st Duly adopted this 21 day of December, 2020 by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID TO AAI ACQUISITION, LLC FOR PURCHASE OF VERTICAL TURBINE PUMP MOTOR FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 413, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 281 WHEREAS, in accordance with Resolution No.: 346,2020, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the purchase of a new 300 HP motor for one of the Water Department’s vertical turbine pumps as was described in bid specifications prepared by the Water Superintendent and/or Purchasing Agent, and th WHEREAS, on December16, 2020, the Purchasing Agent duly received and opened all bids received by the Town for the motor, and WHEREAS, the Water Superintendent and Purchasing Agent reviewed all received bids and have recommended that the Town Board award the bid to the lowest, responsible bidder, AAI Acquisition, LLC, for an amount not to exceed $21,908.22, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of a new 300 HP motor for one of the Water Department’s vertical turbine pumps from the lowest, responsible bidder, AAI Acquisition, LLC for an amount not to exceed $21,908.22, to be paid from Misc. Equipment Account No.: 040-8320-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to transfer $21,908.22 from Electricity Account No.: 040-8320-4300 to Misc. Equipment Account No.: 040-8320-2001, amend the 2020 Town Budget, make any adjustments, budget amendments, transfers and/or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 282 RESOLUTION APPROVING AUDIT OF BILLS - WARRANT: 12222020 RESOLUTION NO.: 414, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 12222020 with a run date of 12/16/2020 and a payment date of 12/22/2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 12222020 with a run date of 12/16/2020 and a payment date of 12/22/2020 totaling $1,316,424.60, 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. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESOLUTION AUTHORIZING REPAIRS TO CREMATION EQUIPMENT AT PINE VIEW CEMETERY BY MATTHEWS ENVIRONMENTAL SOLUTIONS RESOLUTION NO.: 415, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 283 WHEREAS, the Town of Queensbury’s Cemetery Superintendent and Town Cemetery Commission have requested that the Town Board authorize certain necessary repairs to the cremation equipment at the Pine View Cemetery by Matthews Environmental Solutions (Matthews) as a single source vendor, and WHEREAS, the cost of the repairs is $8,541 as set forth in Matthews’ November 17, 2020 letter-proposal presented at this meeting, and WHEREAS, as this proposal does not include freight charges, the Cemetery Superintendent has requested authorization for an additional amount up to $2,000 to cover the freight charges, and WHEREAS, Matthews has performed annual Power Pak Cremator inspections, is accepted by the New York State Department of Environmental Services as meeting statutory requirements regarding inspections, and is the manufacturer of these Cremators, possessing proprietary engineering drawings and specifications for such equipment, and for these reasons, the Town Board wishes to declare Matthews as a sole source provider related to these repairs, and WHEREAS, this will ensure that the Town’s retorts will continue to operate in a safe and efficient manner while continuing to meet DEC’s regulatory requirements, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury’s Purchasing Policy for two (2) written quotes, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the repairs to the cremation equipment at the Pine View Cemetery and the engagement of Matthews Environmental Solutions (Matthews) for the amount of $8,541 as set forth in Matthews’ November 17, 2020 letter-proposal substantially in the form presented at this meeting, to be paid from Equipment Repairs Account No.: 002-8810-4800-8811, and REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 284 BE IT FURTHER, RESOLVED, that the Town Board further authorizes an additional amount up to $2,000 to cover freight charges related to this repair project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all actions necessary to amend the 2020 Town Budget and transfer $10,541 from the Cemetery Department’s Undesignated, Unappropriated Fund Balance to Equipment Repairs Account No.: 002-8810-4800-8811 and take any other actions necessary to provide for the repair project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute Matthews’ November 17, 2020 letter-proposal in substantially the form presented at this meeting as well as any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of December, 2021, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None *DISCUSSION HELD BEFORE VOTE: COUNCILMAN FERONE- Questioned if this was part of the routine maintenance that needs to be done on the chambers. CEMETERY SUPERINTENDENT, CONNIE GOEDERT- Explained that approximately every four to five years they need to replace parts. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS ANIMAL HOSPITAL REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 285 RESOLUTION NO.: 416, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Glens Falls Animal Hospital (Animal Hospital) for the Animal Hospital’s care of dogs found within the Town by the Society for the Prevention of Cruelty to Animals of Upstate New York, Inc. (SPCA), Warren County Sheriff or New York State Police which are in need of veterinary care during normal business hours if capacity allows, including euthanasia where appropriate, and WHEREAS, a proposed Agreement for 2021 has been presented at this meeting and is in a form acceptable to the Town Clerk and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and Glens Falls Animal Hospital providing for the Glens Falls Animal Hospital’s provision of veterinary care during normal business hours if capacity allows, including euthanasia where appropriate, effective January 1, 2021, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Agreement substantially in the form presented at this meeting on behalf of the Town of Queensbury, and the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Town Budget Officer and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE AND CONSTRUCTION OF STORAGE BUILDING AT PINE VIEW CEMETERY BY REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 286 BLUESCOPE CONSTRUCTION, INC. AND ESTABLISHMENT OF CEMETERY STORAGE BUILDING CAPITAL PROJECT FUND #236 RESOLUTION NO.: 417, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Cemetery Superintendent and Cemetery Commission have recommended that the Town Board authorize the establishment of a Cemetery Storage Building Capital Project to provide for the purchase and construction of a storage building at the Pine View Cemetery, and WHEREAS, Sourcewell is a cooperative, municipal purchasing program that specifically benefits municipalities countrywide, including the Town of Queensbury, which program combines competitive bidding and best value criteria, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to “piggyback” off an existing County/State Bid and therefore, due to the agreeable and advantageous terms represented by BlueScope Construction, Inc., in this instance, the Town of Queensbury wishes to piggyback with Sourcewell for the purchase and installation of a Rough Order Magnitude (ROM) Storage Building as set forth in BlueScope Construction’s letter and proposal dated November 13, 2020 for the amount of $498,588 as presented at this meeting, and WHEREAS, the Town of Queensbury will adhere to all New York State bidding requirements, and WHEREAS, the Town Board wishes to accordingly establish Cemetery Storage Building Capital Project No.: 236 and authorize withdrawals and expenditures in the amount of $498,588 from Capital Reserve No. 64 to fund this Capital Project, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Capital Reserve No. 64 subject to permissive referendum, REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 287 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes establishment of Cemetery Storage Building Capital Project No. 236 in the amount of $498,588 to establish funding for expenses related to the Cemetery Storage Building Capital Project described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves and authorizes the finalization of design consistent with the Sourcewell bid and purchase and construction of a Rough Order Magnitude (ROM) Storage Building by Blue as set forth in BlueScope Construction Inc.’s letter and proposal dated November 13, 2020 substantially in the form presented at this meeting and in accordance with the cooperative, municipal purchasing program Sourcewell for the amount of $498,588, and BE IT FURTHER, RESOLVED, that the Town Board acknowledges that the exact details of such building and the price will be determined consistent with the Sourcewell bid during the finalization of design process and that the Town Board will have to approve such bidding and final price at that time if different than that approved in this Resolution and if the Town Board should approve a total cost for the building of at least $500,000, it is a condition of approval that BlueScope Construction, Inc. shall have to comply with the New York State Wicks Law for this project, and BE IT FURTHER, RESOLVED, that this Resolution is contingent upon BlueScope Construction, Inc., paying prevailing wages as required for municipal projects under New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawals and expenditures for such Capital Project are expenditures for a specific capital project for which the Capital Reserve Fund No. 64 was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs establishment of appropriations and estimated revenues as follows:  001-9950-9030-0064 Transfer to Capital Project - $498,588 REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 288  236-0000-55031 Interfund Revenues - $498,588  236-8810-2899 Capital Construction - $498,588 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any 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, including any needed Agreement between the Town and BlueScope Construction, Inc., in form acceptable to the Town Supervisor, Cemetery Superintendent, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent, Town Budget Officer, Purchasing Agent and/or Town Counsel to take any and all action 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. st Duly adopted this 21 day of December, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None 4.0 CORRESPONDENCE- NONE 5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) NO PUBLIC COMMENT REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 289 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I)-  Thanked Councilwoman Magee for all her work on the Board. She has been wonderful to work with.  Spoke regarding the devastating effects of COVID and how it has impacted his own family.  Wished everyone a Merry Christmas. COUNCILMAN FREER (WARD II)-  Also thanked and commended Councilwoman Magee for her outstanding work on the Board.  Merry Christmas and Happy Holidays to everyone.  The Highway Department did a great job with the first snow storm of the season.  Spoke regarding a couple of upcoming public hearings on holding tanks. COUNCILMAN FERONE (WARD III)-  Commended the Highway Department for efforts during that significant snow storm.  Thanked Councilwoman Magee for her service. She did a great job.  Merry Christmas and a Happy New Year. COUNCILWOMAN MAGEE (WARD IV)-  Happy Holidays.  Kudos to Queensbury School and to all the educators, parents and PTA clubs for finding ways to continue the outreach that they are able to do to give the children experiences.  Thanked the Board for everything during her time on the Board. Spoke regarding her experiences on the Board and noted how rewarding it was to be able to help her constituents. SUPERVISOR STROUGH-  Thanked Councilwoman Magee’s time on the Board. The amount of time and quality of service she gave to the Town is very much appreciated. th  Spoke regarding the record breaking snow we received on the 17.  Congratulated Senator Betty Little on her upcoming retirement. Wished her well. On behalf of the Town Board and our residents, thanked her for her service.  Wished Councilman Metivier a Happy Birthday.  Today is winter solstice. Happy to report the days will start getting longer.  Wished everyone a healthy holiday and a healthy new year. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 418, 2020 INTRODUCED BY: Mr. Anthony Metivier 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. Duly adopted this 21st day of December 2020, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone REGULAR TOWN BOARD MEETING, 12-21-2020, MTG #39 290 NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I