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04-19-2021 MTG #13 REGULAR TOWN BOARD MEETING, 04-19-2021, MTG#13 533 REGULAR TOWN BOARD MEETING MTG#13 TH APRIL 19, 2021 RES#132-141 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ. TOWN OFFICIALS ASSESSOR, TERI ROSS PRESS POST STAR, LOOK TV, PEPE PRODUCTIONS, G. STEPHEN THURSTON PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH SUPERVISOR STROUGH-Called meeting to order… PRESENTATION – NYSDEC / NYSDOH – Update on Jenkinsville Area Drinking Water and Environmental Assessments 1.0 PRIVILEGE OF THE FLOOR FOR RESOLTUIONS ONLY (LIMIT – 3 MINUTES) No public comment COUNCILMAN FREER-Not present for resolutions. 2.0 RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE’S LAWN CARE TO MOW CERTAIN ABANDONED OR NEGLECTED PROPERTIES IN TOWN OF QUEENSBURY RESOLUTION NO.: 132, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has reported to the Queensbury Town Board that the following properties in the Town of Queensbury are in a state of serious neglect: 1. 35 Fox Hollow Lane; 2. 3 Wagon Trail; 3. 404 Dix Avenue; 4. 1 Edgewater Place; 5. 14 Farr Lane; and REGULAR TOWN BOARD MEETING, 04-19-2021, MTG#13 534 6. 24 Pinello Road; and WHEREAS, the Town Board has concluded that the condition of the properties 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 each of the owners of record by certified letter and/or posting of the properties but his efforts have been to no avail as 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 quotes for the monthly mowing of these properties for a period of five (5) months and Cheap Pete’s Lawn Care submitted quotes dated 4/1/2021 ($300) and 4/13/2021 ($40) in the total amount of $340 per month with such work to commence on or about th May 15 for a period of five (5) months for a total amount not to exceed $1,700 and therefore the Director recommends that the Town Board engage their mowing services, NOW, THEREFORE, BE IT, RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to the Property Owners of Record as set forth above requiring that they mow the lawn(s) on their land(s) 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 properties 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 in the total amount of $340 per month for the properties described in the preambles of this th Resolution commencing on or about May 15 for a period of five (5) months for a total amount not REGULAR TOWN BOARD MEETING, 04-19-2021, MTG#13 535 to exceed $1,700, 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 properties were 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 $1,700 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 each 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 19 day of April, 2021, by the following vote: AYES : Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT:Mr. Freer RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE’S LAWN CARE FOR ONE-TIME CLEAN-UP OF ABANDONED OR NEGLECTED PROPERTY RESOLUTION NO.: 133, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has advised the Town Board of a property in the Town of Queensbury located at 35 Fox Hollow Lane that is in a serious state of neglect in that the yard needs to be cleared of downed tree limbs, needles, leaves and debris and therefore he recommends that the Town Board authorize a one- time clean-up of this property, and REGULAR TOWN BOARD MEETING, 04-19-2021, MTG#13 536 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 attempted to contact the owner of record by letters and/or posting of the property but his efforts have been to no avail as 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, and WHEREAS, the Director obtained a quote for a one-time clean-up of this property from Cheap Pete’s Lawn Care dated 4/11/2021 for the amount of $325 and therefore the Director recommends that the Town Board engage their services, NOW, THEREFORE, BE IT, RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to Property Owners of Record of 35 Fox Hollow Lane, Queensbury as set forth above requiring that they clean-up their property 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 authorizes and directs the Director of Building and Codes Enforcement to engage the services of Cheap Pete’s Lawn Care for the amount of $325 for a one-time cleanup of the property (removal of tree limbs, needles, brush, leaves and other debris, etc.) to be paid upon Cheap Pete’s Lawn Care submitting a proper invoice to the Town outlining the date(s) on which the property was cleaned-up, to be paid for from Account No.: 001-3620-4400, and REGULAR TOWN BOARD MEETING, 04-19-2021, MTG#13 537 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $325 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 the Town Receiver of Taxes and Assessments of the total expenses of such clean-up including 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, Town Assessor, Town Receiver of Taxes and Assessments and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of April, 2021, by the following vote: AYES : Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT:Mr. Freer RESOLUTION AUTHORIZING SEEKING OF BIDS THROUGH NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT PROGRAM OR LOCAL BID FOR TRUCK FOR WATER DEPARTMENT RESOLUTION NO.: 134, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Water Superintendent has advised the Town Board that he wishes to advertise for bids for the purchase of a 2021 or newer ½ ton pick-up truck for the Water Department to replace a year 2009 Chevy Equinox SUV with 91,524 miles on it (Town Asset No.: 7504) such new truck to be described in bid documents/specifications to be prepared by the Water Superintendent and/or Town Purchasing Agent, and REGULAR TOWN BOARD MEETING, 04-19-2021, MTG#13 538 WHEREAS, the Town wishes to purchase the truck through the New York State Office of General Services Procurement Program or through local bid, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to provide the specifications for a 2021 or newer ½ ton pick-up truck to the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the truck as described above in the official newspaper for the Town of Queensbury and/or through the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open, read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. th Duly adopted this 19 day of April, 2021, by the following vote: AYES : Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT:Mr. Freer RESOLUTION AUTHORIZING APPOINTMENT OF STEVE JOHNSON AS WATER/WASTEWATER FIELD OPERATIONS MANAGER RESOLUTION NO. 135, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING, 04-19-2021, MTG#13 539 SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 68,2019, the Queensbury Town Board established the full- time competitive class Civil Service managerial position of Water/Wastewater Field Operations Manager in the Town’s Water/Wastewater Department and the promotion of Scott Burnard to the position, and WHEREAS, the Water Superintendent/Wastewater Director has advised that Mr. Burnard has submitted his resignation effective on or about May 28, 2021 and therefore the Water Superintendent/Wastewater Director has recommended that the Town Board authorize the appointment of Steve Johnson in the soon-to-be vacant position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Steve Johnson as a full-time Water/Wastewater Field Operations Manager in the Town’s th Water/Wastewater Department effective on or about April 20, 2021 subject to the Town successfully completing a pre-employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, drug and/or alcohol screening, and Mr. Johnson’s successful completion of a six (6) month probationary period, with such appointment to be on a provisional basis until such time as Mr. Johnson meets all Civil Service requirements for the position, and BE IT FURTHER, RESOLVED, that Mr. Johnson shall be paid at the wage rate of $34.97 per hour, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent/Wastewater Director and/or Town Budget Officer to complete and file any documentation and take such other and further actions necessary to effectuate all terms of this Resolution. th Duly adopted this 19 day of April, 2021, by the following vote: AYES : Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT:Mr. Freer RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2021 AMENDING QUEENSBURY TOWN CODE RELATING TO DOG CONTROL RESOLUTION NO. 136, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 04-19-2021, MTG#13 540 WHEREAS, the Queensbury Town Board wishes to combine Chapters 5 and 73 of the Queensbury Town Code into an amended Chapter 73 to provide for control of dogs within the Town, and WHEREAS, the Town Board has prepared proposed Local Law No.: ___ of 2021 which provides for repeal of Chapter 5 and repeal and replacement of Chapter 73 of the Queensbury Town Code, and WHEREAS, New York Municipal Home Rule Law requires a Public Hearing to be held prior to adoption of a Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a Public Hearing on Monday, rd May 3, 2021 at 7:00 p.m. to consider proposed Local Law No.: ___ of 2021 and to hear all interested persons, and at that time may take any other actions authorized by law concerning proposed Local Law No.: ___ of 2021, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to publish and post legal notice of the Public Hearing on proposed Local Law No.: ____ of 2021 in the manner provided by law, and shall make a copy of the proposed Local Law available for public inspection in the Town Clerk’s office following the adoption of this Resolution and until the Public Hearing is closed. th Duly adopted this 19 day of April, 2021, by the following vote: AYES : Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT:Mr. Freer RESOLUTION AUTHORIZING PROMOTION OF JENNIFER BAERTSCHI FRANCE FROM RECREATION PROGRAM ASSISTANT TO ASSISTANT DIRECTOR OF PARKS AND RECREATION RESOLUTION NO. 138, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Director of Parks and Recreation (Director) has advised that Lori O’Shaughnessy, the Town’s current Assistant Director of Parks and Recreation (Assistant Director) has submitted her retirement effective on or about June 30, 2021, and WHEREAS, the Director and the Town’s Recreation Commission interviewed the Town’s current Recreation Program Assistant, Jennifer Baertschi-France, and have unanimously approved REGULAR TOWN BOARD MEETING, 04-19-2021, MTG#13 541 her promotion to the soon-to-be vacant Assistant Director position and have accordingly requested that the Town endorse this appointment, and WHEREAS, the Town Board concurs with the Director and Recreation Commission’s hiring recommendation and wishes to promote Ms. Baertschi-France to the Assistant Director position on a provisional basis until such time as she meets all Civil Service requirements for such position including successful completion of a non-competitive, written examination, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes and directs the promotion of Jennifer Baertschi-France from Recreation Program Assistant to Assistant Director of Parks and Recreation th effective April 20, 2021 on a provisional basis until such time as Ms. Baertschi-France meets all Civil Service requirements for such position including successful completion of a non-competitive, written examination, and BE IT FURTHER, RESOLVED, that Ms. Baertschi-France shall be paid an annual salary of $61,500, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to complete and file any documentation and take such other and further actions necessary to effectuate all terms of this Resolution. th Duly adopted this 19 day of April, 2021, by the following vote: AYES : Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: Mr. Freer RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS TO CERRONE BUILDERS, INC., IN CONNECTION WITH DEDICATION OF APRES CIRCLE IN CERRONE WEST MOUNTAIN ROAD SUBDIVISION RESOLUTION NO.: 139, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 161,2010 the Queensbury Town Board authorized the dedication of Apres Circle in the Cerrone West Mountain Road Subdivision, and WHEREAS, at the time of dedication, the Developer, Cerrone Builders, provided the Town with $25,800 cash escrow to ensure placement of the top coat on the road consistent with the Town Highway Superintendent’s requirements, such sum to be held in escrow in accordance with the terms of an Escrow Agreement, and REGULAR TOWN BOARD MEETING, 04-19-2021, MTG#13 542 WHEREAS, as required by the Escrow Agreement, the Town deposited the funds in an interest bearing account, and WHEREAS, by Memorandum dated April 13, 2021, the Highway Superintendent has advised that the road has met the specifications set by the Town Highway Department and therefore, has recommended that the Town Board authorize the release of the $25,800 held by the Town in accordance with the Escrow Agreement, and WHEREAS, the Town Board wishes to therefore authorize the refund of such funds to Cerrone Builders, Inc. as required by the Escrow Agreement, NOW, THEREFORE, BE IT RESOLVED, that, consistent with the Escrow Agreement, the Queensbury Town Board hereby authorizes and directs the Town Budget Officer as Escrow Agent to return the funds that have been held in escrow to ensure placement of the top coat on Apres Circle in the West Mountain Road Subdivision to Cerrone Builders, Inc., which sum shall be the amount of $25,800 plus any earned interest, 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 such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of April, 2021, by the following vote: AYES : Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT:Mr. Freer RESOLUTION APPROVING AUDIT OF BILLS - WARRANT: 04202021 RESOLUTION NO.: 140, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 04-19-2021, MTG#13 543 SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 04202021 with a run date of 04/15/2021 and a payment date of 04/20/2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 04202021 with a run date of 04/15/2021 and a payment date of 04/20/2021 totaling $909,267.57, 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 19 day of April, 2021, by the following vote: AYES: Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT :Mr. Freer 3.0 CORRESPONDENCE DEPUTY CLERK O’BRIEN-Supervisor’s Report for Community Development and Building and Codes for March 2021 on file in Town Clerk’s Office. 4.0 PRIVILEGE OF THE FLOOR (LIMIT-4 MINUTES) No public comment 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I)  Spoke regarding receiving a phone call from a constituent that was upset that we refer to the area of Jenkinsville as Jenkinsville area. He lives on Jenkinsville Road. He is not part of what is going on in the Jenkinsville area, noting his water is fine. If you are interested in purchasing a home to reach out to the Town Board, DEC, DOH to get your questions answered.  Spoke regarding visiting the residents of the Jenkinsville area regarding the water situation. I think they get that we are doing everything we can to fix this problem for them. It is very important to me. COUNCILMAN FERONE (WARD III)  Spoke regarding Queensbury road safety. As people are driving around Town, we all go up and down Quaker Road. We have been seeing the signal lights going in. There is a set at the intersection Glenwood Avenue and Quaker Road and Bay Road and Quaker Road. The one at Glenwood Avenue and Quaker Road is going to be up and running within the next four or five weeks. For people walking the trails between Rush Pond and Halfway Brook I believe the construction of the crosswalk on Aviation Road is supposed to start next month. REGULAR TOWN BOARD MEETING, 04-19-2021, MTG#13 544 COUNCILMAN MCNULTY (WARD IV)  Seventy-six people were on Zoom to listen to tonight’s meeting plus the people who attended the meeting. The word is getting out that we are here to talk. I look forward to when we can have more people in the room that we can talk to. I am getting many calls at home in terms of the people in Ward IV. It is good to be back. I look forward to supporting the Town and the Town Board as we go forward with the Town’s issues. SUPERVISOR STROUGH  Reviewed the spring yard waste pick-up schedule.  Warren County is hosting their Household Hazardous Waste Day. Waste collection dates will th be Saturday, April 24, 2021 at the Town of Queensbury Highway Department and on July 24th, 2021 at the Warren County DPW in Warrensburg from 9am-2pm. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 141, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 19 day of April, 2021 by the following vote: AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT:Mr. Freer Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury MINUTES PREPARED BY KAREN O’BRIEN, DEPUTY CLERK II