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05-03-2021 MTG # 16 Regular Town Board Meeting, MTG # 16, 05-03-2021 547 REGULAR TOWN BOARD MEETING MTG #16 RD MAY 3, 2021 RES. 144-163 7:05 P.M. B.H. #18-19 LL # 3, 2021 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ. (VIA ZOOM) TOWN OFFICIALS Dave Duell, Highway Superintendent Connie Goedert, Cemetery Superintendent SUPERVISOR STROUGH called meeting to order…. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 144, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. rd Duly adopted this 3 day of May, 2021 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None RESOLUTION GRANTING NICOLE AND JOSEPH PICKERING AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 3 PALMER DRIVE RESOLUTION NO.: BOH 18, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, MTG # 16, 05-03-2021 548 WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled “Septic Inspection Upon Property Transfer” which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176, 2019, the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47, 2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, by letter dated April 20, 2021, Nicole and Joseph Pickering (Applicants) have advised that due to inclement weather, their contractor has been unable to complete needed alterations to their wastewater system on their property located at 3 Palmer Drive in the Town of th Queensbury by April 30 and therefore, the Applicants have requested that the Town Board grant them additional time or until the end of May 2021, to complete such alterations and to extend the date on which the $2,000 escrow deposit they previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, as the Town’s Local Board of Health, hereby st authorizes and grants Nicole and Joseph Pickering additional time or until May 31, 2021 to obtain a certificate of compliance from the Town’s Building and Codes Enforcement Office as set forth in Chapter 137 for completion of alterations to their wastewater system located on their property at 3 Palmer Drive, Queensbury and to extend the date on which the $2,000 escrow deposit shall be st automatically forfeited to the Town until such date of May 31, 2021 as delineated in this Resolution and authorizes and directs the Town Supervisor and/or Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT : None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 19, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION Regular Town Board Meeting, MTG # 16, 05-03-2021 549 SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 2.0 PUBLIC HEARING NOTICE SHOWN PUBLICATION DATE: April 23, 2021 SUPERVISOR STROUGH-Finally. Caroline played a significant role in the development in this amended form. You put a law to practice and you see where it works well and where it doesn’t work well and you’re always trying to make it better. That’s the fluid situation in which we live. So, this is one case where dog control needed to be updated and so it’s a more effective dog control law. It’s not so much different than before but how it is different from before is that now we can take dog control matters that are serious in nature to court and have the courts help deal with it. Is that a fair summary, Caroline? TOWN CLERK BARBER-Yes. SUPERVISOR STROUGH-And she says yes. Alright, so there is a public hearing on this tonight and before I open the public hearing, are there any Town Board thoughts or anything that you have on this matter? Cathy Cloutier of Upstate, SPCA of Upstate New York, an absolute professional and does an absolutely great job at doing dog control for the Town. She had input into this and so I think it’s a good product. Now, I will open it up to the public. Anybody in the public like to speak to our 2021 amending of the code relating to dog control? If so, there are multiple ways that you can do that. You can call the town, area code 518-761-8225. You can raise a blue hand if you are attending on zoom. If you are present tonight in person at the meeting you can indicate by raising your hand. No one present is raising their hand. None of the attendees of the meeting have indicated a desire to speak to this by showing a blue hand. I don’t see any or Tim, do you seen any Q and A? I think you keep track of that for me. COUNCILMAN MCNULTY-No, I don’t see any. SUPERVISOR STROUGH-Alright. And no call-ins at this time. Any other thoughts? COUNCILMAN MCNULTY-This will fill in with all of our existing signage we have at the parks? There’s no reason to change that? Maintain control? So, there’s no real expense? TOWN CLERK BARBER-There’s no change to that. SUPERVISOR STROUGH-Good question, good thinking but there is nothing in here that changes that. Alright, anything else? Okay, I will close the public hearing. No public comment. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO. 3 OF 2021 AMENDING QUEENSBURY TOWN CODE RELATING TO DOG CONTROL RESOLUTION NO.: 145, 2021 Regular Town Board Meeting, MTG # 16, 05-03-2021 550 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to repeal Chapter 5 (Animal Control Officer) and repeal and replace Chapter 73 (Dog Control) of the Queensbury Town Code, effectively combining these Chapters and set forth amended law and procedure for dog control in and by the Town, and WHEREAS, the Town Board has prepared proposed Local Law No. 3 of 2021 which provides for repeal of Chapter 5 and repeal and replacement of Chapter 73 of the Queensbury Town Code, and WHEREAS, the Town Board duly held a Public Hearing on the proposed Local Law on rd Monday, May 3, 2021 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts Local Law No. 3 of 2021, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to file the Local Law with the New York Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law shall become operative immediately and shall be effective upon filing by the office of the New York Secretary of State. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES : None ABSENT: None LOCAL LAW NO. 3 OF 2021 LOCAL LAW AMENDING QUEENSBURY TOWN CODE RELATING TO DOG CONTROL Be it Enacted by the Queensbury Town Board as Follows: Section 1: The name of this Local Law is: A Local Law to Repeal Chapter 5 of the Code of the Town of Queensbury and to Replace Chapter 73 of the Code of the Town of Queensbury in its Entirety. Section 2: Chapter 5 of the Code of the Town of Queensbury is repealed in its entirety. Regular Town Board Meeting, MTG # 16, 05-03-2021 551 Section 3: Chapter 73 of the Code of the Town of Queensbury is repealed in its entirety and is replaced with the following: Chapter 73 - Dog Control §73-1 Purpose. The Queensbury Town Board finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons and damage to property and has created nuisances within the Town. The purpose of this Chapter is to protect the health, safety and well-being of the persons and property by imposing restrictions on the keeping and running at large of dogs within the Town and to ensure compliance with Article 7 of the New York State Agriculture and Markets Law regarding the licensing, identification and control of dogs. §73-2 Statutory authority. This Chapter is enacted pursuant to the provisions of Article 7 of the New York State Agriculture and Markets Law, New York State Town Law and the New York State Municipal Home Rule Law. §73-3 Title. The title of this Chapter shall be “Dog Control Law of the Town of Queensbury”. §73-4 Definitions. As used in this Chapter, the following words shall have the following respective meanings: A. “Clerk” means the Queensbury Town Clerk. B. “Dog” means any member of the species canis familiaris. C. “Dog Control Officer” means any individual appointed by the Town Board to administer and enforce this Chapter and Article 7 of the State Agriculture and Markets Law and/or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Town to assist in the administration and enforcement of this Chapter and Article 7 of the State Agriculture and Markets Law. D. “Euthanize” means to bring about death by a humane method. E. “Guide dog” means any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose. F. “Harbor” means to provide food or shelter to any dog. G. “Identification tag” means a tag issued by the Town of Queensbury in connection with the licensing of a dog, which sets forth an identification number, together with the name of the municipality, the State of New York, contact information, including telephone number, for the municipality and such other information as the Town deems appropriate. Regular Town Board Meeting, MTG # 16, 05-03-2021 552 H. “Identified dog” means any dog carrying an Identification Tag as defined above. I. “Owner” means any person who harbors or keeps any dog. J. “Owner of record” means the person in whose name any dog was last licensed pursuant to this Chapter, except that if any license is issued on application of a person under eighteen years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed or if the owner of record has filed a statement pursuant to the Agriculture and Markets Law Section 112, the owner shall be deemed to be the owner of record of such dog, except that if the owner is under eighteen years of age, the owner of record shall be deemed to be the parent or guardian of such person. K. “Person” means any individual, corporation, partnership, association or other organized group of persons, or other legal entity. L. “Run at large” means to be in a public place or on private land without the knowledge, consent, and approval of the owner of such lands. M. “Town” means the Town of Queensbury. N. “Hearing dog” means any dog that is trained to aid a person who is deaf or hard of hearing and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose. O. “Service dog” means any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability. The Definitions set forth at New York State Agriculture and Markets Law Section 108 shall also be incorporated herein. § 73-5 Powers and duties. The Dog Control Officer is hereby authorized and empowered and is assigned and delegated the following duties and responsibilities: A. Patrolling the Town of Queensbury by vehicle and on foot and receiving all complaints from citizens by telephone, in person or through the mail concerning nuisance, stray, running at large and/or sick, disabled, injured or dead dogs. B. Responding to observations of or complaints concerning nuisance, stray, running at large dogs and/or sick, disabled, injured or dead animals as follows: 1. In the case of dogs under the regulation and affected by Agriculture and Markets Law Article 7 and this Chapter, the Dog Control Officer shall have all power, authority, duties and/or responsibilities set forth in those aforesaid laws, and the Dog Control Officer shall generally assist in, administer and enforce the provisions of those laws. Regular Town Board Meeting, MTG # 16, 05-03-2021 553 2. In the case of dead dogs existing along state, county and Town roadways or upon public properties, assist in or arrange for the picking up and disposing of the dead animals in accordance with the requirements of the Environmental Conservation Law and other laws of the State of New York. The Town Board of the Town of Queensbury may, by resolution, further clarify and identify the exact responsibilities of the Dog Control Officer and other Town departments with regard to this task. 3. In the case of dogs that are seized or captured in accordance with the provisions of this Chapter or the Agriculture and Markets Law Article 7, assist in arranging for the care and disposition of the same in accordance with the aforesaid laws or, if no guidance is found in said laws, by turning the same over to the proper animal pound, animal hospital or humane society or other appropriate institution. 4. In the case of dogs that are seized or have died, determine whether the animals are marked or carry some sort of identification indicating the identity of the owners and, if such identification is present, notify the owners of the status of the dog. C. Assisting in the arrangement of a quarantine or the removal for impounding and testing of any dog when concerns for rabies exposure is present. D. Maintaining records of work performed, including a record of all dogs impounded at the Officer’s direction, and/or those dead dogs picked up and disposed of. E. Enforcing the provisions of Article 7 of the Agriculture and Markets Law and Chapter 73 of the Code of the Town of Queensbury by issuing appearance tickets, pursuant to the Criminal Procedural Law, serving a summons and serving and executing any other order or process in the execution of the provisions of said Chapter 73 and New York State Agriculture and Markets Law Article 7. The Dog Control Officer shall also assist in the filing of complaints by persons other than the Dog Control Officer, as provided for by this Chapter and Agriculture and Markets Law Article 7. F. Performing such other additional and further duties that the Town Board may determine by resolution. §73-6 Licensing of dogs required; rabies vaccination required. A. The owner of any dog reaching the age of four months shall immediately make application to the Town Clerk for a dog license. No license shall be required for any dog which is under the age of four months and which is not at large, or that is residing in a pound or shelter maintained by or under contract or agreement with the Town, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective association. B. The license application shall be accompanied by the license fee and a certificate of rabies vaccination or statement in lieu thereof by a licensed veterinarian stating that the life of the dog would be endangered by administration of the vaccine. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, Regular Town Board Meeting, MTG # 16, 05-03-2021 554 showing that the dog has been spayed or neutered, provided such certificate or affidavit shall not be required if the same is already on file with the Clerk, or statement in lieu thereof by a licensed veterinarian stating that the life of the dog would be endangered by spaying or neutering. C. All dogs' licenses will be for a period of one year and will expire at the end of the month one year from the date of issue. D. The licensing fee for a spayed or neutered dog is $10, which includes a $1 surcharge for the purpose of carrying out the New York State Animal Population Control Program. The fee for an unspayed or unneutered dog is $15, which includes a $3 surcharge for the purpose of carrying out the New York State Animal Population Control Program. The fee for replacing a lost license tag is $3. E. Licensing fees for persons age 65 and over is $5 for a spayed or neutered dog, which shall include a $1 surcharge for the purpose of carrying out the New York State Animal Population Control Program, and is $10 for an unspayed or unneutered dog, which includes a $3 surcharge for the purpose of carrying out the New York State Animal Population Control Program. The fee for replacing a lost license tag is $3. F. The Town of Queensbury does not issue purebred or kennel licenses. All dogs must be individually licensed as set forth above. G. Any guide dog, service dog, hearing dog or detection dog, as those terms are defined at § 108 of Article 7 of the New York State Agriculture and Markets Law, must be licensed, but is exempt from license fees. H. All licenses for dogs sheltered within the Town of Queensbury must be obtained from the Town Clerk. No shelter, kennel or other entity is authorized to issue dog licenses. Any shelter placing a dog for adoption must refer the adoptive dog's owners to the Town Clerk to obtain a license. All shelters within the Town must maintain a record of all dogs sold or adopted and must provide such information to the Town Clerk upon request. I. All dog licenses may be purchased by visiting the Town Clerk's Office or by mail. If licensing or renewing a license by mail, the appropriate fee must accompany the forms. There shall be no refund of fees. J. Upon validation, the Clerk shall: (i) provide a copy of the license to the owner, and (ii) retain a record of the license, which shall be made available upon request to the New York State Commissioner of Agriculture and Markets for purposes of rabies and other animal disease control efforts and actions. K. No license is transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. L. In the event of change of ownership, change of address, loss or death of a dog licensed hereunder, the owner of record shall so advise the Clerk in writing within ten days. Regular Town Board Meeting, MTG # 16, 05-03-2021 555 M. All fees shall be used in funding the administration of the Dog Control Law of the Town of Queensbury. §73-7 Identification tags to be worn. At the time the dog is first licensed, the Town shall issue that dog an identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times. No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned. §73-8 Prohibited conduct. A. It shall be a violation of this Chapter for any person, including the owner of a dog or a custodian or other person exercising control over that dog in the absence of the owner, to permit or allow such dog to: 1. Run at large unless the dog is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose of this Chapter, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner. For purposes of this paragraph, “full control” includes the ability to promptly bring a dog to heal. 2. Engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog. It shall not be a defense that the identity of the specific dog engaged in this prohibited conduct cannot be established. 3. Chase, jump at or upon or otherwise harass any person, or any pet in the company of such person, in such manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm to him or her-self or such pet. 4. Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles while on a public street, highway or place, or upon private property without the consent or approval of the owner of such property. 5. If a female dog, when in heat, be off the owner's or custodian’s premises unrestrained by a leash. 6. Defecate on public property within the Town, or private property within the Town unless with the property owner’s consent, unless such defecation is immediately removed. 7. Be without its identification tag off of the owner’s premises. 8. To be unlicensed within the Town as required in §73-5 (applicable to owner only). It shall not be a defense that the identity of the specific unlicensed dog cannot be established. 9. To wear an identification tag identifying another dog. B. It is unlawful for any person to: Regular Town Board Meeting, MTG # 16, 05-03-2021 556 1. Fail to confine, restrain or control such dog off of the premises of such person. 2. fail to exercise due diligence in handling his or her dog if the handling results in harm to another dog that is a guide, hearing or service dog. 3. Furnish any false or misleading information on any form required to be filed with the Town pursuant to the provisions of this Chapter. 4. Fail to notify the Town Clerk of any change of ownership or address of the owner, or of the death or transfer of ownership of a dog licensed by the Town. 5. Violate any other of the requirements of this Chapter or of Article 7 of the New York State Agriculture and Markets Law. §73-9 Seizure of dogs; redemption periods; impoundment fees; adoption. A. Any dog control officer or peace officer, acting pursuant to his or her special duties, shall seize: 1. any dog which is not identified and which is not on the owner's premises; 2. any dog which is not licensed, whether on or off the owner's premises; 3. any dog which is not in the control of its owner or a custodian or not on the premises of the dog's owner or custodian, if there is probable cause to believe the dog is dangerous; and 4. any dog which poses an immediate threat to the public safety. B. Any dog control officer or peace officer, acting pursuant to his special duties, may seize any dog in violation of this Chapter or Article 7 of New York State Agriculture and Markets Law. C. Each dog so seized shall be properly sheltered, fed and watered for the redemption period. D. Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this Chapter and further provided that the owner pays the impoundment fees set by the Town. E. Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment and boarding fees set forth in this Chapter and by producing proof that the dog has been licensed. F. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized Regular Town Board Meeting, MTG # 16, 05-03-2021 557 to the extent permitted by law. The cost of boarding and all medical expenses incurred shall be paid by the owner G. No liability in damages or otherwise shall be incurred on account of the seizure, euthanization or adoption of any dog pursuant to the provisions of this Chapter or Article 7 of the State Agriculture and Markets Law. H. If any dog is seized and impounded in accordance with this Chapter or Article 7 of the Agriculture and Markers Law, an impoundment fee shall be imposed for the first impoundment of any dog owned by that person of $25 per dog. For a second impoundment of any dog owned by that person, the fee shall be $50 per dog, and for a third or subsequent impoundment of any dog owned by that person, the fee shall be $75 per dog. In addition to the impoundment fees, the dog owner shall pay the daily room and board for the dog(s). If a dog is euthanized, the owner shall be responsible for such fees in addition to all other fees. §73-10 Penalties. A violation of this Chapter is a violation as defined in Article 10 of the New York Penal Law, and is punishable by a fine of not less than one hundred dollars and not more than one hundred fifty dollars, except that (i) where the person was found to have violated this Chapter (as from time-to­time amended) or Article 7 of New York State's Agriculture and Markets Law, within the preceding five years, the fine may be not less than one hundred fifty dollars and no more than two hundred fifty dollars, and (ii) where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not less than two hundred fifty dollars and/or imprisonment for not more than fifteen days, or both. Section 4. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 5. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. Section 6. This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN.) NO PUBLIC COMMENT 4.0 RESOLUTIONS Before introduction and second: SUPERVISOR STROUGH announced correction to resolution 4.18, it should read in the title and within the resolution ‘Big Bay’, not ‘Big Boom. TOWN COUNSEL SCHACHNER recommended the following wording to resolution 4.6 ‘WHEREAS, the Pershing, Ashley, Coolidge Sewer District was established to serve the area including Pershing Road, Ashley Place and Coolidge Avenue’. Regular Town Board Meeting, MTG # 16, 05-03-2021 558 TOWN BOARD agreed to the amendments. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE CHAPMAN MUSEUM RESOLUTION NO.: 146, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 484, 2007, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Town Board wishes to provide funding to the Chapman Museum in an amount not to exceed $9,000 with occupancy tax revenues received from Warren County and accordingly enter into a 2021 Agreement with the Chapman Museum for the promotion of exhibits, performances and events to Town and area residents and visitors, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2021 Agreement between the Town and the Chapman Museum and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, with funding for the Agreement not to exceed $9,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows:  Revenue Acct No. –050-0000-51113 Occupancy Tax Revenue $9,000;  Expense Acct. No. – 050-6410-4412 Use of Occupancy Tax $9,000; and BE IT FURTHER, Regular Town Board Meeting, MTG # 16, 05-03-2021 559 RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS AREA YOUTH CENTER RESOLUTION NO.: 147, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into community service agreements with certain organizations for the provision of community-based services and benefits and therefore wishes to enter into an agreement with the Glens Falls Area Youth Center for the provision of such services including career counseling and dinners to economically disadvantaged youths residing in the Town and surrounding area, and WHEREAS, a proposed agreement between the Town and the Glens Falls Area Youth Center is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a 2021 Community Service Agreement between the Town and the Glens Falls Area Youth Center with funding not to exceed $12,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting with funding to be paid for from the appropriate Town account(s) as will be determined by the Town Supervisor and/or Town Budget Officer. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION AFFIRMING CONSISTENCY OF THE FEENEY PROJECT WITH THE TOP OF THE WORLD PLANNED UNIT DEVELOPMENT Regular Town Board Meeting, MTG # 16, 05-03-2021 560 RESOLUTION NO.: 148, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS James & Susan Feeney are seeking building permit approval from the Town of Queensbury to expand a residence off Lockhart Mountain Road in the Town of Queensbury, and WHEREAS, upon recommendation from the Zoning Administrator, Dennis MacElroy, agent for the Feeneys, has requested that the Queensbury Town Board affirm that this proposed project is consistent with the Top of The World Planned Unit Development as approved by the Town Board by Resolution Nos: 77.1984 and 179.2007, and WHEREAS, the Town’s Senior Planner has reviewed the proposed project to be sure it is in compliance with the PUD Ordinance and Top of The World PUD and has recommended that the Town Board adopt a Resolution affirming that the proposed project is consistent with the Top of The World PUD so that the project will be able to move forward through the building permit process, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby affirms that the proposal by James & Susan Feeney to expand a residence off Lockhart Mountain Road in the Town of Queensbury is consistent with the Top of the World PUD as approved by the Town Board by Resolution Nos: 77.1984 and 179.2007, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Senior Planner to present a certified copy of this Resolution to James & Susan Feeney, the Zoning Administrator and the Town Buildings & Codes Enforcement Department and take such other and further actions necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT FOR EXPENDITURE OF HIGHWAY MONEYS RESOLUTION NO.: 149, 2021 INTRODUCED BY: Mr. Harrison Freer Regular Town Board Meeting, MTG # 16, 05-03-2021 561 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with New York State Highway Law Section 284, the Queensbury Town Board wishes to authorize an Agreement between the Town Board and Town Highway Superintendent for the Expenditure of Highway Moneys relative to moneys levied and collected in the Town for the repair and improvement of highways and received from the State for State Aid for the repair and improvement of highways, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes an Agreement for the Expenditure of Highway Moneys between the Town Board and Town Highway Superintendent relative to moneys levied and collected in the Town for the repair and improvement of highways and received from the State for State Aid for the repair and improvement of highways in form acceptable to the Town Board, Town Highway Superintendent, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Board and Town Highway Superintendent to execute such Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to file a fully-executed original Agreement with the Queensbury Town Clerk and the Warren County Department of Public Works and file copies of the fully-executed Agreement in the offices of the Town Highway Superintendent and Town Budget Officer, 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 actions as may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2021 by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None Regular Town Board Meeting, MTG # 16, 05-03-2021 562 RESOLUTION ENDORSING CONSOLIDATION AGREEMENT AND SETTING PUBLIC HEARING CONCERNING PROPOSED CONSOLIDATION OF FIVE (5) TOWN SANITARY SEWER DISTRICTS RESOLUTION NO.: 150, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, New York General Municipal Law Article 17-A authorizes water and sewer districts to consolidate into combined districts if such combination “shall be conducive to the public health, welfare, and convenience and be of special benefit to the lands of the district”, and WHEREAS, the Queensbury Consolidated Sanitary Sewer District was duly established by the Queensbury Town Board (“Town Board”) to serve the business district of Queensbury, including portions of Aviation Road, Quaker Road, Upper Glen Street, Bay Road, Ridge Road, Meadowbrook Road, and numerous other side streets, and WHEREAS, the Route 9 Sewer District was duly established by the Town Board to serve the mostly commercial area along Route 9 from Weeks Road to Route 149, including portions of Weeks Road, Sweet Road and Lawton Avenue, and WHEREAS, the West Queensbury Consolidated Sanitary Sewer District was duly established by the Town Board to serve the West Queensbury area including Exit 18 of I-87 (Adirondack Northway) extending from the City of Glens Falls line at Western and Thomas Streets to the area just past Exit 18 on Corinth Road and encompasses the Carey Road Industrial Park and adjacent properties, and WHEREAS, the Technical Park Sewer District was duly established by the Town Board to serve the Queensbury Technical Park off Dix Avenue, portions of Dix Avenue and a portion of Luzerne Road, and WHEREAS, the Pershing, Ashley, Coolidge Sewer District was established to serve the area including Pershing Road, Ashley Place and Coolidge Avenue, and WHEREAS, the Town Board is the body responsible for the administration of all its Sanitary Sewer Districts, including the aforesaid five (5) Sanitary Sewer Districts, and WHEREAS, the Town Wastewater Director has studied whether it would be to the mutual benefit, and in the best interests of the customers each serves, to combine these five (5) Sanitary Sewer Districts into one District, proposed to be named the “Greater Queensbury Consolidated Sanitary Sewer District,” and determined that such a combination would create greater operating Regular Town Board Meeting, MTG # 16, 05-03-2021 563 efficiencies and more equitable distribution of fiscal responsibilities, provide better service to the public served by each District, and generate cost savings by avoiding duplication in administrative services, and WHEREAS, in addition, the risk of isolated unpredictable failures and costs will be spread over the entire Consolidated District, expecting to result in a more financially stable District and will also better allow the Consolidated District to reliably finance its operating and capital costs, and WHEREAS, Town Counsel and the Town Wastewater Director have prepared a proposed Consolidation Agreement and provided it to the Town Board for its review, WHEREAS, New York General Municipal Law Article 17-A requires the local government entities to be consolidated to endorse a Consolidation Agreement by adoption of a joint Resolution to commence consolidation proceedings, and WHEREAS, the Town Board is the governing entity for each of the Districts, so the statutory requirement for a joint Resolution is satisfied by adoption of a single Resolution by the Town Board on behalf of each District, NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. The Queensbury Town Board (on behalf of each of the five (5) Sewer Districts) hereby endorses the proposed Consolidation Agreement. 2. As stated in the proposed Consolidation Agreement, the Town Board shall meet at st the Queensbury Activities Center, 742 Bay Road, Queensbury, New York, on Monday, June 21, 2021 at 7:00 p.m. to hear public comments on the proposed Consolidation Agreement and to take such other and further action as may be required or authorized by law, which date is not less than 35 days and not more than 90 days after commencement of consolidation proceedings by adoption of this Resolution. 3. The Town Board hereby authorizes and directs the Queensbury Town Clerk to: (a) cause a copy and a Summary of the Agreement to be displayed and readily accessible to the public for inspection in a public place, being the Town Clerk’s Office located at 742 Bay Road, Queensbury, New York 12804 and also at the Town Wastewater/Water Building located at 823 Corinth Road, Queensbury, New York 12804; (b) cause a copy and a Summary of the Agreement and a reference to the public place where they may be examined to be displayed on the Town’s website; and Regular Town Board Meeting, MTG # 16, 05-03-2021 564 (c) arrange for the Summary of the Agreement and a reference to the public place where they may be examined to be published at least once each week for four (4) successive weeks in The Post Star; not more than five (5) business days after adoption of this Resolution, as required by the New York General Municipal Law. 4. The Town Board further authorizes and directs the Town Clerk to cause a Notice of the Public Hearing, including a Summary of the Agreement and a reference to the public places where it may be examined, to be published and displayed on the Town’s website not less than 10 or more than 20 days before the Public Hearing, as required by the New York General Municipal Law. 5. The Town Board authorizes and directs the Town Supervisor, the Town Wastewater Superintendent, the Town Clerk and Town Counsel to take all actions necessary to effectuate this Resolution. rd Duly adopted this 3 day of May, 2021 by the following vote: AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARINGS ON EMERGENCY AMBULANCE SERVICE AGREEMENTS RESOLUTION NO.: 151, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town, and WHEREAS, the Town’s Agreements with its three (3) Emergency/Rescue Squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc. (Squads), expired as of December 31, 2020, and WHEREAS, in such Agreements the Town and Squads agreed that the terms and provisions of the existing Agreements may continue during the interim period pending execution of new Agreements, and WHEREAS, the Town and its Squads have negotiated terms for new one (1) year Agreements for general emergency ambulance services and accordingly, in accordance with Town Law §184 and Regular Town Board Meeting, MTG # 16, 05-03-2021 565 General Municipal Law §209(b), the Town Board wishes to set public hearings concerning such proposed Agreements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct three (3) separate public hearings concerning the three (3) separate, proposed new emergency ambulance service Agreements between the Town of Queensbury and its three (3) Emergency/Rescue Squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., on th Monday, May 17, 2021 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 5 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN PINE VIEW CEMETERY FROM ARTHUR TUCKER POWER OF ATTORNEY FOR LUCILLE TUCKER RESOLUTION NO.: 152, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot in the Pine View Cemetery to Lucille Tucker – Abenaki Plot, Lot No.: 2-D, and WHEREAS, Arthur Tucker, Power of Attorney for Lucille Tucker, has requested that the Town’s Cemetery Commission buy back such lot, and WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended re-purchase of such lot and approval by the Town Board, NOW, THEREFORE, BE IT Regular Town Board Meeting, MTG # 16, 05-03-2021 566 RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-purchase of a cemetery lot in the Pine View Cemetery from Lucille Tucker for Abenaki Plot, Lot No.: 2-D for the amount of $233.33, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such amount to Arthur Tucker, Power of Attorney for Lucille Tucker, and properly account for the sales in the Town’s books and records, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES FOR PREPARATION OF NEW YORK STATE DEPARTMENT OF TRANSPORTATION BRIDGE NY GRANT FUNDING APPLICATION – LUZERNE ROAD CULVERT PROJECT RESOLUTION NO.: 153, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to engage C.T. Male Associates for preparation of a 2021 New York State Department of Transportation Bridge NY Grant Funding Application regarding a culvert replacement project on Luzerne Road at Clendon Brook in the Town of Queensbury as delineated in C. T. Male’s March 31, 2021 Proposal and Contract Agreement presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates for preparation of a 2021 New York State Department of Transportation Bridge NY Grant Funding Application regarding a culvert replacement project on Luzerne Road at Clendon Regular Town Board Meeting, MTG # 16, 05-03-2021 567 Brook in the Town of Queensbury as delineated in C. T. Male’s March 31, 2021 Proposal and Contract Agreement substantially in the form presented at this meeting for an amount not to exceed $3,800, and BE IT FURTHER, RESOLVED, that such services shall be paid for from Engineering Account No.: 001-1440- 4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Contract Agreement substantially in the form presented at this meeting and any other necessary documentation including a Grant Funding application, and the Town Supervisor, Town Highway Superintendent and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF INVASIVE SOLUTIONS DIVE COMPANY, LLC FOR INVASIVE PLANT HARVESTING IN CONNECTION WITH LAKE SUNNYSIDE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.: 154, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 273, 2012, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Lake Sunnyside Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 68, 2013, the Town Board appointed (5) persons who are property owners within the District and/or Protective Association of Lake Sunnyside (PALS) members, to the Lake Sunnyside Aquatic Plant Growth Control District Advisory Committee (Committee), and WHEREAS, by Resolution No.: 313, 2020, the Town Board adopted the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2021, and Regular Town Board Meeting, MTG # 16, 05-03-2021 568 WHEREAS, the Town Purchasing Agent requested proposals for Hand Harvesting and/or Diver Assisted Suction Harvesting (DASH) of Invasive Plants on Lake Sunnyside for 2021, and WHEREAS, the Purchasing Agent received one (1) proposal, and WHEREAS, the Purchasing Agent and Committee have accordingly recommended that the Town authorize engagement of Invasive Solutions Dive Company, LLC for such aquatic invasive species harvesting work as delineated in Invasive Solution’s Proposal presented at this meeting by performing 40 hours of work per crew (120 field hours per week) per scheduled harvest week for the total amount of $8,000 per one harvest week per crew, or the total amount of $16,000 for two harvest weeks, up to a total of four harvest weeks for a total amount of $32,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Invasive Solutions Dive Company, LLC for aquatic invasive species harvesting within portions of Lake Sunnyside for 2021 as delineated in Invasive Solution’s Proposal substantially in the form presented at this meeting by performing 40 hours of work per crew (120 field hours per week) per scheduled harvest week for the total amount of $8,000 per one harvest week per crew, or the total amount of $16,000 for two harvest weeks, up to a total of four harvest weeks for a total amount of $32,000, contingent upon submission of a valid certificate of insurance in form and amounts acceptable to the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Lake Sunnyside Misc. Contractual Account No.: 052- 8790-4400 not to exceed $32,000 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all actions to amend the Town Budget and transfer $32,000 from the Lake Sunnyside Undesignated, Unassigned Fund Balance to the Lake Sunnyside Misc. Contractual Account No.: 052- 8790-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed agreement with Invasive Solutions Dive Company, LLC as well as any other needed documentation, and the Town Supervisor and/or Town Budget Officer to take any and all action Regular Town Board Meeting, MTG # 16, 05-03-2021 569 necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION AUTHORIZING PAYMENT OF FINE TO NEW YORK STATE DEPARTMENT OF LABOR PUBLIC EMPLOYEE SAFETY AND HEALTH BUREAU (“PESH”) / COMMISSIONER OF LABOR RESOLUTION NO.: 155, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, on February 3, 2021, the New York State Department of Labor Public Employee Safety and Health Bureau (“PESH”) issued a Notice of Violation and Order to Comply to the Town of Queensbury, and on March 17, 2021, PESH issued a Final Billing and assessed a penalty against the Town of Queensbury in the amount of $1,260.00, and WHEREAS, the Town of Queensbury disputes the Notice of Violation and Order to Comply, but intends to pay the assessed penalty in order to avoid litigation and the resulting costs and expenses related to this issue, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby authorizes the payment of $1,260.00 to PESH/Commissioner of Labor in satisfaction of the Final Billing, and such $1,260.00 shall be paid by May 14, 2021, to be paid from the appropriate account(s) as may be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None Regular Town Board Meeting, MTG # 16, 05-03-2021 570 ABSENT: None RESOLUTION TO AMEND 2020 AND 2021 TOWN BUDGETS RESOLUTION NO.: 156, 2021 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 and 2021 Town Budgets as follows: 2020 To Code Appropriation Code Appropriation $ 001-3620-4410 Fuel 001-3620-1010 Salaries 825 002-8810-4800-8811 002-0000-0909 Fund Balance Cemt Repairs 4550 Road Paving 004-5110-1020 Overtime 004-5110-4620 Materials 2,700 001-1650-4100 Telephone 001-8540-4400 Misc. Contractual 2,400 2021 Increase Revenue 001-0000-53820 Youth Program 9,818 Increase Appropriation 001-7110-4824 Recreation Programs 9,818 rd Duly adopted this 3 day of May, 2021 by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION AUTHORIZING DONATION OF SICK TIME TO AN EMPLOYEE IN BUILDING AND GROUNDS DEPARTMENT RESOLUTION NO.: 157, 2021 Regular Town Board Meeting, MTG # 16, 05-03-2021 571 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Facilities Manager has advised that the spouse of one of his employees in the Building and Grounds Department (Employee), has been diagnosed with a serious health issue, and WHEREAS, the Employee is expected to exhaust all paid leave available to him/her, including all sick leave, to care for the Employee’s seriously ill spouse, and WHEREAS, certain fellow employees have expressed the desire to donate a portion of their accumulated sick leave time to the Employee to assist him/her during this time of family illness, and WHEREAS, the Employee is represented by the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO (CSEA), which has joined in the request that employees be permitted to donate sick leave time to the Employee, and WHEREAS, the Town Board wishes to allow such donation of sick leave time, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the donation of sick leave time by Town of Queensbury CSEA bargaining unit and/or non-bargaining unit employees to assist the Building and Grounds Department Employee during the Employee’s time of serious family illness, and BE IT FURTHER, RESOLVED, that any employee of the Town of Queensbury who has more than 40 hours of accumulated sick leave may voluntarily donate any hours above 40 hours, in two (2) hour increments, as directed by the employee provided that the donating employee signs an acknowledgement of the donation and recognizes that once donated the sick leave hours cannot be restored under any circumstances, and BE IT FURTHER, RESOLVED, that the Employee may use the donated sick leave under the same terms and conditions as earned sick leave, except that there may not be any payout of unused donated sick leave under any circumstances, and Regular Town Board Meeting, MTG # 16, 05-03-2021 572 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager and/or Budget Officer to take any action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF MAY 2021 TOWN OF QUEENSBURY COVID-19 PANDEMIC RESPONSE PLAN RESOLUTION NO.: 158, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the United States is facing a pandemic related to Coronavirus Disease 2019 (COVID-19) and there was a need for the Town of Queensbury to adopt a COVID-19 Pandemic Response Plan (Plan) to deal with this emergency situation, and WHEREAS, by previous Resolution the Town Board authorized adoption of its Plan and authorized the Town Supervisor to make modifications as he determined necessary as further information became known, with the Town Board to later have the ability to approve or disapprove an updated, revised Plan, and by subsequent Resolutions the Town Board authorized and ratified adoption of the Plan as further revised, and WHEREAS, certain modifications have been made since the Plan was last adopted and revised and the Town Board wishes to consider the Plan as further revised for May 2021 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes adoption of the May 2021 COVID-19 Pandemic Response Plan (Plan) in substantially the form presented at this meeting, and BE IT FURTHER, Regular Town Board Meeting, MTG # 16, 05-03-2021 573 RESOLVED, that the Town Board further authorizes the Town Supervisor, if necessary, to make modifications to the Plan as he determines that in his discretion are necessary as the situation changes and further information becomes known, with the Town Board to later have the ability to approve or disapprove a further revised Plan, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to distribute copies of this Plan to all Town Departments and the Warren County Office of Emergency Services, and the Town Supervisor, Town Safety and Compliance Officer and/or Town Facilities Manager to take any and all actions necessary to effectuate the terms of this Resolution and the Plan, as it may be amended. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT: 05042021 RESOLUTION NO.: 159, 2021 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: 05042021 with a run date of 04/29/2021 and a payment date of 05/04/2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 05042021 with a run date of 04/29/2021 and a payment date of 05/04/2021 totaling $923,340.05, 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. Regular Town Board Meeting, MTG # 16, 05-03-2021 574 rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION AUTHORIZING ADDITIONAL TRANSFER STATION ATTENDANT POSITION TO REPLACE VACANT LABORER POSITION AT TOWN TRANSFER STATIONS RESOLUTION NO.: 160, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, upon the recommendation of the Town of Queensbury’s Transfer Station Supervisor, the Town Board wishes to replace a Laborer position that has been vacant for a significant period of time with an hourly, full-time Transfer Station Attendant position in accordance with a “New Position Duties Statement” previously adopted by the Warren County Department of Personnel and Civil Service and presented at this meeting, and WHEREAS, this hourly position is to be included in the Town’s CSEA Bargaining Unit at the hourly rate of pay identical to that of the Transfer Station Attendant position delineated in the Town’s current Agreement with the CSEA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves an additional hourly, full- time Transfer Station Attendant position to replace a vacant Laborer position in accordance with the Transfer Station Attendant “New Position Duties Statement” previously adopted by the Warren County Department of Personnel and Civil Service and presented at this meeting, and such position is included in the Town’s CSEA Bargaining Unit, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Transfer Station Supervisor and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer Regular Town Board Meeting, MTG # 16, 05-03-2021 575 NOES : None ABSENT: None RESOLUTION AUTHORIZING COST INCREASE OF PURCHASE AND CONSTRUCTION OF STORAGE BUILDING AT PINE VIEW CEMETERY BY BLUESCOPE CONSTRUCTION, INC. RESOLUTION NO.: 161, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 417, 2020, the Queensbury Town Board authorized the: 1) 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; 2) finalization of Building design consistent with the Sourcewell cooperative, municipal purchasing program; and 3) purchase and construction of a Rough Order Magnitude (ROM) Storage Building by BlueScope Construction Inc. in accordance with Sourcewell for the amount of $498,588, and WHEREAS, the Town Board previously acknowledged that the exact details of such Building and the price would be determined consistent with the Sourcewell bid during the finalization of design process and that the Town Board would have to approve such bidding and final price at that time if different than that approved in Resolution No.: 417, 2020 and if the Town Board should approve a total cost for the Building of at least $500,000, it was a condition of approval that BlueScope Construction, Inc. shall have to comply with the New York State Wicks Law for this project, and WHEREAS, BlueScope Construction, Inc. has advised the Town that the cost of the Building has increased due to a national rise in building construction supplies and costs and therefore has submitted a Revised Proposal to the Town dated April 23, 2021 for the amount of $509,146, or an increase of $10,558, and WHEREAS, the Town Board, Town Cemetery Superintendent and Cemetery Commission have reviewed such proposal and wish to authorize the Revised Proposal and increased cost, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes BlueScope Construction Inc.’s Revised Proposal dated April 23, 2021 in substantially in the form presented at this meeting for the purchase and construction of a Rough Order Magnitude (ROM) Storage Building in accordance with the cooperative, municipal purchasing program Sourcewell for the amount of $509,146 with a condition of this approval being that BlueScope Construction, Inc. shall comply with the New York State Wicks Law, and Regular Town Board Meeting, MTG # 16, 05-03-2021 576 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and any actions necessary to increase appropriations and estimated revenues as follows:  001-9950-9030-0064 Transfer to Capital Project - $10,558  236-0000-55031 Interfund Revenues - $10,558  236-8810-2899 Capital Construction - $10,558 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 actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further affirms and ratifies Resolution No.: 417, 2020 in all other respects, 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. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE AND CONSTRUCTION OF HIGHWAY BUILDING ON BIG BAY ROAD BY BLUESCOPE CONSTRUCTION, INC. AND ESTABLISHMENT OF HIGHWAY BUILDING ON BIG BAY ROAD CAPITAL PROJECT FUND #238 RESOLUTION NO.: 162, 2021 Regular Town Board Meeting, MTG # 16, 05-03-2021 577 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Highway Superintendent has recommended that the Town Board authorize the establishment of a Highway Building on Big Bay Road Capital Project to provide for the purchase and construction of a Highway Department building on Big Bay Road, 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 April 23, 2021 for the amount of $534,060 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 the Highway Building on Big Bay Road Capital Project No.: 238 and authorize withdrawals and expenditures in the amount of $534,060 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, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes establishment of the Highway Building on Big Bay Road Capital Project No. 238 in the amount of $534,060 to establish funding for expenses related to the 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 Regular Town Board Meeting, MTG # 16, 05-03-2021 578 Order Magnitude (ROM) Storage Building by Blue as set forth in BlueScope Construction Inc.’s letter and proposal dated April 29, 2021 substantially in the form presented at this meeting and in accordance with the cooperative, municipal purchasing program Sourcewell for the amount of $534,060, 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 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 - $534,060  238-0000-55031 Interfund Revenues - $534,060  238-1620-2899 Capital Construction - $534,060 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 Regular Town Board Meeting, MTG # 16, 05-03-2021 579 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, Highway Superintendent, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway 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. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None 5.0 CORRESPONDENCE- NONE 6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) Michelle Harding (via zoom) - Questioned whether or not there has been any further discussion, comment or decision made about the special town board meeting of Friday, th April 30. SUPERVISOR STROUGH - Noted that we have talked a great deal about this very important issue but have not come to any conclusion. Need further technical information before we can move forward with a decision. Planning on having further discussions this week with DEC. MS. HARDING - Questioned whether the Town has a tentative timeline. SUPERVISOR STROUGH – Noted that we plan to meet this week, get the technical people together and share with the Town Board the plus and minuses of our various options and we will be open and transparent and discuss those options with the folks who live in that Jenkinsville area and get their opinion on this matter as we go. No further comment. PRIVILEGE OF THE FLOOR CLOSED Regular Town Board Meeting, MTG # 16, 05-03-2021 580 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I)  Congratulated the South Glens Falls Bulldogs for hosting a very successful Marathon Dance that was held outside at the Great Escape. Kudos to the kids, they did a great job. COUNCILMAN FREER (WARD II)  Spoke regarding Short Term Rentals and noted that he’s been in contact with an organization that helps municipalities with Short Term Rentals as well as the Town of Lake George and the City of Glens Falls. Councilman McNulty and I will be meeting with the company on Wednesday. We are trying to stay proactive on this issue and are looking for citizen volunteers who will join us on an advisory board.  Did a Brownfield Opportunity Assessment walk with Chazen Engineers and Senior Planner, Stu Baker on the east side of Town, looking at Ciba Geigy and some of the options. We will be following up with that shortly.  Congratulated the South High Marathon Group. COUNCILMAN FERONE (WARD III)  Noted that the EMS services have been on the radar for at least two or three years, maybe longer. As John stated earlier, we’re going to get these contracts done for this year and focus to do a better job for the contracts in 2022. We need to start these discussions soon. COUNCILMAN MCNULTY (WARD IV)  Highlighted an activity in Ward 4, recognized and welcomed the Adirondack Trust and Company that opened up a new facility at 76 Main Street. SUPERVSIOR STROUGH  Noted that the Highway Department is still conducting their annual lawn and yard pickup.  Referred to the Memorial Day Parade held jointly with the City of Glens Falls that started back in 2001. The importance of this event is recognizing those that gave the ultimate sacrifice for the benefit of the rest of us, for the freedoms we enjoy and the quality of life we enjoy. There is so much planning, so much work involved and it’s not something we can put together in two weeks. We had to cancel last year’s event but we’ve done a lot st of planning for the parade to be held on May 31. If we have to cancel due to COVID, that can be done the day before. We did put together a COVID plan, I passed it along to Ryan Moore, the County Administrator and the representative of the Capital District for developing COVID plans. I will have more details on the Memorial Day Parade at our next meeting but crossing our fingers in hoping that we have our Memorial Day Parade st and Remembrance Ceremony on May 31. CONNIE GOEDERT, Cemetery Superintendent spoke to the Town Board regarding some issues that are going on at the cemetery. I would like to compliment my staff on what they’ve already done getting prepared for this building. The Highway Department helped us remove the trees without added expense as well as removing some concrete floors that were in those old buildings. I would like to meet with the entire Board so I can get some direction on how to move forward. We look at either growing, unfortunately spending money makes money and we have a lot of projects we have going on for these cemeteries. We have to do some bigtime work on our Regular Town Board Meeting, MTG # 16, 05-03-2021 581 monuments that are down. We talk about the Veterans, a lot of their monuments are down in Mt. Herman and Sunnyside. These are things that are very costly and I need to know the direction in which you want to go with that. Cleaning of monuments, these are families of the deceased that are no longer alive to take care of it, this is also an expense. th SUPERVISOR STROUGH agreed to schedule a session on the May 24 Workshop to discuss these matters further with the Cemetery Superintendent. SUPERVISOR STROUGH thanked all who attended tonight’s meeting. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 163, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim McNulty RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. rd Duly adopted this 3 day of May, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY