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07-12-2021 MTG#22 REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 691 REGULAR TOWN BOARD MEETING MTG #22 TH JULY 12, 2021 RES. #226-246 7:01 P.M. BOH #34-35 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE BOARD MEMBERS ABSENT COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL ROBERT HAFNER, ESQ. TOWN OFFICIALS: DAVID DUELL, HIGHWAY SUPERINTENDENT SUPERVISOR STROUGH-Called meeting to order…. PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH SUPERVISOR STROUGH- Announced that at the next Regular Town Board Meeting on July th 26, 2021 at 7:00pm the Town Board will be seeking input on the whether the Town should allow the retail sale of cannabis. We either have to opt in or opt out by December 31, 2021. Received/read a letter from Neil Iverson on the subject (letter on file in Town Clerk’s Office). 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 226, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 12 day of July 2021 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF HARLEY AND TIA GRIFFITHS RESOLUTION NO.: BOH 34, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 692 WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Harley and Tia Griffiths (Applicants) have applied to the Local Board of Health for a variance from Chapter 136 to maintain an existing sewage disposal system that does not meet today’s current requirements on their property as follows:  Maintain the existing 4,000 gallon holding tank system at their seasonal six bedroom residence instead of installing a 5,000 gallon holding tank system required for a six bedroom residence; on property located at 298 Cleverdale Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing th on Monday, July 26, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Harley and Tia Griffiths’ sewage disposal variance application concerning property located at 298 Cleverdale Road, Queensbury (Tax Map No.: 226.12-1-86) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500’ of the applicant’s property as required by law. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. McNulty RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 35, 2021 REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 693 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 12 day of July 2021, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mr. McNulty 2.0 PUBLIC HEARINGS NOTICE SHOWN PUBLICATION DATE: JULY 2, 2021 PUBLIC HEARING- AMENDMENT TO SOUTH QUEENSURY-QUEENSBURY AVENUE SANITARY SEWER DISTRICT SEWER RENT RATES SUPERVISOR STROUGH- Explained the rates are currently $5.50 per 1,000 gallons per quarter and Chris Harrington who is the Wastewater Director is proposing that we make it $7.00 per 1,000 gallons per quarter commencing January 2022 and appearing on the May 2022 billing. OPENED PUBLIC HEARING NO PUBLIC COMMENT CLOSED PUBLIC HEARING RESOLUTION AUTHORIZING AMENDMENT TO SOUTH QUEENSBURY – QUEENSBURY AVENUE SANITARY SEWER DISTRICT SEWER RENT RATES RESOLUTION NO.: 227, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 368, 2020, the Queensbury Town Board enacted Local Law No.: 10 of 2020 which, in part, provides that the Town Board may make changes to sewer rents by Resolution upon five (5) days’ Public Notice, and WHEREAS, the Town of Queensbury previously established sewer rent rates for the South Queensbury – Queensbury Avenue Sanitary Sewer District (SQQASSD), and REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 694 WHEREAS, the Town Wastewater Director has recommended that the Town Board amend the SQQASSD sewer rents to increase the rates from $5.50/1,000 gallons per quarter to $7.00/1,000 gallons per quarter commencing with usage as of January, 2022 and appearing accordingly on the May, 2022 billing, and th WHEREAS, the Town Board duly held a public hearing on Monday, July 12, 2021 concerning this proposed sewer rent rate increase and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the amendment to the South Queensbury – Queensbury Avenue Sanitary Sewer District sewer rent rates to increase the rates from $5.50/1,000 gallons per quarter to $7.00/1,000 gallons per quarter commencing with usage as of January, 2022 and appearing on the May, 2022 billing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Receiver of Taxes and Assessments, Town Wastewater Director and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN.) NO PUBLIC COMMENT 4.0 RESOLUTIONS RESOLUTION AUTHORIZING LICENSE AGREEMENT FOR TEMPORARY USE OF GURNEY LANE RECREATION AREA RESOLUTION NO.: 228, 2021 REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 695 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury owns and operates a Town Park known as the Gurney Lane Recreation Area (Park), and WHEREAS, the Under the Woods Foundation, Inc. (Foundation) hosts an annual mountain bike race at the Park known as the Churney Gurney Mountain Bike Race and wishes to make beer thth available to the public at the Race to be conducted on August 7 and 8, 2021, and WHEREAS, the Foundation and the Common Roots Brewing Company (Common Roots) have agreed that Common Roots will provide the beer and oversee its sale to the public, and WHEREAS, the Town Board has determined that the proposed activities are in furtherance of a proper Town purpose and the goals of the Town’s Department of Parks and Recreation, and WHEREAS, the parties wish to enter into a License Agreement setting forth the rights and responsibilities of each in connection with the Race and the sale of beer at the Park, and WHEREAS, a copy of a proposed License Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs the Town Supervisor to execute the License Agreement for Temporary Use of Gurney Lane Recreation Area between the Town of Queensbury, Under the Woods Foundation, Inc., and Common Roots Brewing Company substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Counsel, Town Budget Officer and/or Director of Parks and Recreation to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2021 by the following vote: REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 696 AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING AND RATIFYING EXTENSION/RENEWAL OF AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY SOIL AND WATER CONSERVATION DISTRICT REGARDING MS4 STORMWATER MANAGEMENT SERVICES THROUGH JUNE 30, 2022 RESOLUTION NO.: 229, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury is a regulated municipality under the New York State Department of Environmental Conservation Municipal Separate Storm Sewer System Program (MS4), which regulations help to protect and improve the quality of public water bodies in more densely populated areas of the State, specifically focusing on stormwater runoff, and WHEREAS, by Resolution No.: 191,2011, the Queensbury Town Board authorized an Agreement between the Town and the Warren County Soil & Water Conservation District (District) whereby the District assumed the role of Queensbury’s Stormwater Management Officer, becoming the primary contract for the Town on matters related to the MS4 Program, and by Resolution No.: 246,2020 authorized an Agreement extension/renewal through June 30, 2021, and WHEREAS, by letter proposal dated June 22, 2021, the District has proposed to extend such Agreement through June 30, 2022, and WHEREAS, the Town Board wishes to accept such letter proposal and enter into an Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the June 22, 2021 MS4 Stormwater Management Services letter proposal from the Warren County Soil & Water Conservation District (District) and authorizes and ratifies the coinciding Agreement for the REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 697 renewal/extension of MS4 Stormwater Management Services through June 30, 2021 in substantially the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement and any other documentation needed to effectuate such letter proposal, and BE IT FURTHER, RESOLVED, that payment for such services for an amount of $12,000 for such one year term shall be paid for from Drainage Misc. Contractual Account No.: 001-8540-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2021 Town Budget by transferring $12,000 from unappropriated, undesignated Fund Balance to Drainage Misc. Contractual Account No.: 001-8540-4400, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Planning and Zoning, and/or Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY YOUTH BASEBALL & SOFTBALL REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 698 RESOLUTION NO.: 230, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into certain community service Agreements with certain organizations for the provision of certain community-based services and benefits, and WHEREAS, the Town Board therefore wishes to enter into an Agreement with Queensbury Youth Baseball & Softball, and WHEREAS, a proposed Agreement for the year 2021 has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Queensbury Youth Baseball & Softball for 2021 substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement with funding not exceeding $15,000 to be paid for from the appropriate Town account. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE’S LAWN CARE FOR ONE-TIME CLEANUP AND MOWING OF ABANDONED OR NEGLECTED PROPERTY – 10 BIRCH LANE RESOLUTION NO.: 231, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 699 SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has reported to the Town Board that the property located at 10 Birch Lane in the Town is in a state of serious neglect in that garbage in the back of a pickup truck on the property must be removed and the yard needs to be mowed, and therefore the Director recommends that the Town Board authorize both a one-time cleanup of the garbage and monthly mowing of the property, and WHEREAS, the Town Board has concluded that the condition of the property creates a public health hazard due to concerns regarding garbage, fire and the harboring of ticks and other vermin in the tall grass, and WHEREAS, the Director reports that he has previously attempted to contact the estate of the deceased property owner of record by certified letter and/or posting of the property but his efforts have been to no avail and he has been unable to reach anyone or to obtain any resolution of the situation, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, and WHEREAS, the Director obtained quotes for the one-time cleanup and monthly mowing of the property, and WHEREAS, Cheap Pete’s Lawn Care submitted quotes dated 6/17/2021 as follows: 1) one-time cleanup - $150 and 2) monthly lawn mowing - $60 per month for a total of three months (July - September) for a total amount not to exceed $330 and therefore the Director recommends that the Town Board engage their services, NOW, THEREFORE, BE IT, REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 700 RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to the estate of the property owner of record as set forth above requiring that they cleanup and mow the lawn on 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 Town Board hereby approves of the Director of Building and Codes Enforcement’s engagement of the services of Cheap Pete’s Lawn Care for the cleanup and mowing of the property located at 10 Birch Lane as described in this Resolution and as set forth in Cheap Pete’s Lawn Care’s quotes dated 6/17/2021 as follows: 1) one-time cleanup - $150 and 2) monthly lawn mowing - $60 per month for a total of three months (July-September) for a total amount not to exceed $330 with the mowing to be paid on a monthly basis upon Cheap Pete’s Lawn Care submitting proper invoices to the Town outlining the dates on which the property was cleaned up and/or 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 $330 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 cleanup, cutting, trimming, removal or spraying of the property so that the expenses can be properly assessed and constituted as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 701 NOES: None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE’S LAWN CARE FOR MOWING OF ABANDONED OR NEGLECTED PROPERTY – 72 LYNDON ROAD RESOLUTION NO.: 232, 2021 INTRODUCED BY: Mr. Anthony Metivier 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 Town Board that the property located at 72 Lyndon Road in the Town is in a state of serious neglect in that the yard needs to be mowed and therefore the Director recommends that the Town Board authorize monthly mowing of this property, and WHEREAS, the Town Board has concluded that the condition of the property creates a public health hazard due to concerns regarding the harboring of ticks and other vermin in the tall grass, and WHEREAS, the Director reports that he has previously attempted to contact the owner of record by certified letter and/or posting of the property but his efforts have been to no avail and he has been unable to reach anyone or to obtain any resolution of the situation, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, WHEREAS, the Director obtained a quote for the monthly mowing of the property, and REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 702 WHEREAS, Cheap Pete’s Lawn Care submitted a quote dated 6/17/2021 for monthly lawn mowing - $75 (July through September) for a total amount not to exceed $225 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 the property owner of record as set forth above requiring that they mow the lawn on 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 Town Board hereby approves of the Director of Building and Codes Enforcement’s engagement of the services of Cheap Pete’s Lawn Care for the mowing of the property located at 72 Lyndon Road as delineated in this Resolution and as set forth in Cheap Pete’s Lawn Care’s 6/17/2021 quote for monthly lawn mowing - $75 (July through September) for a total amount not to exceed $225, to be paid on a monthly basis upon Cheap Pete’s Lawn Care submitting proper invoices to the Town outlining the dates on which the property was mowed, to be paid for from Account No.: 001-3620-4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $225 from Contingency Account No.: 001-1990-4400 to Account No.: 001-3620-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Building and Codes Enforcement to inform the Town Assessor and/or Town Receiver of Taxes and Assessments of the total expenses of such cutting, trimming, removal or spraying of the property so that the expenses can be properly assessed and constituted as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 703 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 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING SETTLEMENT OF PROPERTY ASSESSMENT CASES FILED BY ERIE BOULEVARD HYDROPOWER, L.P. RESOLUTION NO.: 233, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Erie Boulevard Hydropower, L.P. (“Petitioner”), filed Article 7 Real Property Assessment Review cases against the Town of Queensbury challenging the 2015 through 2020 assessments on real property located at Sherman Island on the Hudson River, in the Town of Queensbury, New York (Tax Map Parcel # 315.-1-9.6), and WHEREAS, it appears to be in the best interests of the Town to avoid the significant costs that would result if the litigation continues and goes to trial, and WHEREAS, the Town Assessor now recommends proposed settlement terms which have been negotiated with Petitioner, and WHEREAS, the School District has already approved the proposed settlement terms, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 704 RESOLVED, that the Queensbury Town Board hereby approves the proposed settlement of the tax assessment cases filed by Erie Boulevard Hydropower, L.P. as follows: 1) The 2015, 2016, 2017, 2018, 2019 and 2020 Proceedings shall be discontinued. 2) A total lump sum payment of $100,000 shall be paid to Erie Boulevard Hydropower, L.P. by the taxing jurisdictions apportioned among them based upon their recent tax rates, with the Town’s portion of the payment (including Town Special Districts, but not the including Library District) to be approximately $8,100. 3) The assessed value for Tax Map Parcel # 315.-1-9.6 shall be fixed at $40,807,000 for the 2021 through 2030 assessment rolls and may only be subject to change in limited circumstances, such as where there are substantial physical changes at the property or changes to the taxing jurisdictions taxation structures. and BE IT FURTHER, RESOLVED, that approval of this settlement agreement is contingent upon Special Counsel (Lewis & Greer, P.C.) and Town Counsel’s review and approval of the Consent Order and Settlement Stipulation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Clerk, Special Counsel and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 705 RESOLUTION AUTHORIZING PUBLIC EMPLOYER RISK MANAGEMENT ASSOCIATION (PERMA) TO CONTINUE PROVISION OF WORKERS’ COMPENSATION THIRD PARTY CLAIMS MANAGEMENT RESOLUTION NO.: 234, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 139,2020, the Queensbury Town Board authorized engagement of the Public Employer Risk Management Association, Inc., (PERMA) to serve as the Town’s Third Party Administrator (TPA) and provide third party claims management services for the st Town’s workers’ compensation claims predating January 1, 2000 through PERMA’s partner Sedgwick, and WHEREAS, the Town Board therefore wishes to authorize renewal of PERMA’s services for an additional two (2) year term, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of the Public Employer Risk Management Association, Inc., (PERMA) to serve as the Town’s Third Party Administrator (TPA) and provide third party claims management services for the Town’s st workers’ compensation claims predating January 1, 2000 through PERMA’s partner Sedgwick for an additional two (2) year term as follows: Year 1: $302,717 premium (includes 3% discount) $16,482 State Assessment ($6,055) 2% discount (if paid anytime in the month of July) $313,144 total Year 2: REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 706 $296,999 premium if under 45% loss ratio (or $312,079 if over 45% loss ratio) $16,812 estimated state assessment $313,811 total (or $328,891 if over 45% loss ratio) and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute any documentation necessary and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR NORTHEAST REALTY DEVELOPMENT/KEVIN QUINN/NAOMI POLITO RESOLUTION NO.: 235, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Northeast Realty Development/Kevin Quinn/Naomi Polito (Northeast Realty) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient st Merchant Market License to conduct a transient merchant market from September 21 through th September 25, 2021 in the parking lot at 1650 State Route 9, Queensbury to sell assorted motorcycle and non-motorcycle products, services and displays in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the application is essentially identical to applications submitted by the applicant in previous years and since the Queensbury Planning Board conducted site plan review of the prior applications, it is not necessary to again refer the application to the Planning Board for site plan review, REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 707 NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Northeast Realty Development/Kevin Quinn/Naomi Polito to conduct a transient merchant market in the parking lot located at 1650 State Route 9, Queensbury, subject to the following: 1. Northeast Realty must pay all fees as required by Town Code Chapter 160; 2. Northeast Realty must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Northeast Realty must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; stth 4. The License shall be valid only from September 21 through September 25, 2021 from 8:00 a.m. to 10:00 p.m. and the license shall expire immediately thereafter; 5. Northeast Realty shall advise the Town Board of any vendor changes from previous years; 6. Northeast Realty must revise its submitted plot plan to accurately depict the planned vendor locations prior to the Town Clerk’s issuance of the License; 7. Northeast Realty must provide to the Town Clerk its proof of a current/renewed occupancy permit from the New York State Department of Transportation for parking in the area along Route 9 prior to the Town Clerk’s issuance of the License; 8. The Transient Merchant License shall not be assignable; and 9. Northeast Realty must comply with all regulations specified in Town Code §160-8; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Code Enforcement Personnel to rigorously enforce the terms of the Site Plan, and REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 708 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Planning, Zoning and Code Compliance to send a certified copy of this Resolution to the Warren County Sheriff and also contact the Warren County Sheriff to request that the Warren County Sheriff’s Office enforce off-road parking issues on Route 9 and throughout the community. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION ACKNOWLEDGING TOWN OF MOREAU’S PURCHASE OF ADDITIONAL 150,000 GALLONS OF RESERVED CAPACITY FROM TOWN OF QUEENSBURY ON BEHALF OF QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 236, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 492,98 the Queensbury Town Board, on behalf of the Queensbury Consolidated Water District, entered into an Intermunicipal Agreement with the Town of Moreau for the Town of Queensbury’s sale of water to the Town of Moreau, which Intermunicipal Agreement has been subsequently amended, and WHEREAS, in accordance with the Intermunicipal Agreement, as amended, the Town of Moreau is currently entitled to a Reserved Capacity (meaning the daily water reserved for Moreau under the Intermunicipal Agreement) of 1,250,000 gallons per day, and WHEREAS, by Resolution No.: 247,2020, the Town Board authorized the Town of Moreau’s purchase of an additional 100,000 gallons of Reserved Capacity in accordance with the Intermunicipal Agreement and affirmed that such purchase resulted in the Town of Moreau’s purchasing a total of 1.35 million gallons of Reserved Capacity per day from the Town of Queensbury on behalf of the Queensbury Consolidated Water District, to date, and REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 709 WHEREAS, the Town of Moreau wishes to purchase an additional 150,000 gallons of Reserved Capacity for $159,000 in accordance with the terms set forth in the Section IX of the Agreement, and WHEREAS, the Town of Queensbury Water Superintendent and Town Board wish to acknowledge the Town of Moreau’s purchase request and affirm that such purchase would result in the Town of Moreau having purchased a total of 1.5 million gallons of Reserved Capacity per day to date, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges the Town of Moreau’s purchase of an additional 150,000 gallons of Reserved Capacity for $159,000 in accordance with the Intermunicipal Agreement with the Town of Moreau, and hereby affirms that such purchase results in the Town of Moreau purchasing a total of 1.5 million gallons of Reserved Capacity per day from the Town of Queensbury on behalf of the Queensbury Consolidated Water District, to date, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Water Superintendent, Town Budget Officer, and/or Town Counsel to take such other and further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING OUTSOURCING OF PAVING WORK AND PURCHASE OF RELATED MATERIALS TO PECKHAM COMPANIES AND OUTSOURCING OF COLD PLANNING/MILLING AND TRAFFIC CONTROL TO RIFENBERG CONSTRUCTION RESOLUTION NO.: 237, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 710 WHEREAS, the Town of Queensbury’s Highway Superintendent has requested Town Board approval to outsource paving and/or cold planning/milling work on certain roads within the Town (Project), and WHEREAS, the Highway Superintendent has recommended such outsourcing as follows: 1) complete cold planning/milling and traffic control to Rifenberg Construction for the amount of $52,575.47 per Warren County Bid for Cold Milling of Pavement for Highway Rehabilitation (#WC 11-19) pricing in accordance with Rifenberg’s 6/28/2021 Proposal; 2) complete paving and traffic control to Peckham Companies (Peckham) for the amount of $117,062.50 per New York State Office of General Services Group #31502, Award #23218 pricing in accordance with Peckham’s 4/30/2021 Proposal; and 3) type 6 top course materials and asphalt delivery costs for the amount of $265,941.76 per Warren County 2021 FOB Bid Pricing #WC 15-21 in accordance with Peckham’s 4/30/2021 Proposal; for a total due to Peckham in the amount of $383,004.26 and a total Project cost of $435,579.73, and WHEREAS, the Highway Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Project and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a five-percent (5%) contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway Superintendent’s outsourcing of milling and/or paving work on certain roads within the Town of Queensbury as follows: 1) complete cold planning/milling and traffic control to Rifenberg Construction for the amount of $52,575.47 per Warren County Bid for Cold Milling of Pavement for Highway Rehabilitation (#WC 11-19) pricing in accordance with Rifenberg’s 6/28/2021 Proposal in substantially the form presented at this meeting; 2) complete paving and traffic control to Peckham Companies (Peckham) for the amount of $117,062.50 per New York State Office of General Services Group #31502, Award #23218 pricing in accordance with Peckham’s 4/30/2021 Proposal in substantially the REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 711 form presented at this meeting; and 3) type 6 top course materials and asphalt delivery costs for the amount of $265,941.76 per Warren County 2021 FOB Bid Pricing #WC 15-21 in accordance with Peckham’s 4/30/2021 Proposal in substantially the form presented at this meeting; for a total due to Peckham in the amount of $383,004.26 and a total Project cost of $435,579.73 to be paid from Chips Capital Construction, Account No.: 004-5112-2899, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Highway Superintendent to approve and sign Change Orders pertaining to the Project up to a five-percent (5%) contingency or in the total amount not exceeding $21,779 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Budget Officer to increase revenues in Chips Revenue Account No.: 004-0000-53501 by $457,359, increase Chips Capital Construction Account No.: 004-5112-2899 by $457,359, amend the 2021 Town Budget, make any adjustments, budget amendments, transfers and/or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ADOPTION OF REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 712 SECTION 3 PARTICIPATION PLAN RELATED TO COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THROUGH NEW YORK STATE OFFICE OF COMMUNITY RENEWAL RESOLUTION NO.: 238, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury is committed to conducting business in accordance with all applicable Federal, State, and Local laws and regulations, and WHEREAS, Section 3 of the Housing and Urban Development Act of 1968, as amended, (Section 3) requires that economic opportunities generated by certain U.S. Department of Housing and Urban Development (HUD) financial assistance for housing and community development programs be directed to low and very low income persons, particularly those who are recipients of government assistance for housing, and business concerns which provide economic opportunities to low and very low income persons, and WHEREAS, HUD holds the New York State Office of Homes and Community Renewal (HCR) accountable for compliance with Section 3 requirements for recipients of HUD funds in New York State, including the Community Development Block Grant Program (CDBG), and WHEREAS, the Town of Queensbury has been a past recipient of HUD funds through the CDBG program and intends to apply for CDBG funds in July 2021, and WHEREAS, the Senior Planner has prepared a Section 3 Participation Plan which establishes administrative procedures and processes to comply with Section 3 and such Participation Plan is presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board approves and authorizes adoption of the “Town of Queensbury Section 3 Participation Plan, For Section 3 Covered Contracts” in substantially the form presented at this meeting, in compliance with Section 3 requirements for REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 713 recipients of HUD funds in New York State, including the Community Development Block Grant Program, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and Senior Planner to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK BALLOON FESTIVAL RESOLUTION NO.: 239, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury has received a request for funding from the Adirondack Balloon Festival to assist in funding its Adirondack Hot Air Balloon Festival to be held in the Town of Queensbury in September, 2021, and WHEREAS, such event is expected to draw thousands of people to the Town of Queensbury and its surrounding area’s hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution the 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 REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 714 WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Adirondack Balloon Festival in the amount of $15,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and the Adirondack Balloon Festival has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the Adirondack Balloon Festival to assist in funding its Adirondack Hot Air Balloon Festival to be held in the Town of Queensbury in September, 2021 and the Agreement between the Town and the Adirondack Balloon Festival substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding not exceeding the sum of $15,000 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 $15,000;  Expense Acct. No. – 050-6410-4412 Use of Occupancy Tax $15,000; and BE IT FURTHER, 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. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 715 NOES: None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR DEMOLITION OF STRUCTURE ON PROPERTY LOCATED AT 32 HOMER AVENUE RESOLUTION NO.: 240, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, a fire occurred at a structure on property located at 32 Homer Avenue in the Town of Queensbury (Property) and the Town’s Director of Building and Codes Enforcement (Director) viewed the damaged structure and found it to be a hazard, in disrepair, unusable and unsafe, and WHEREAS, after the owner failed to voluntarily raze the structure, the Town duly commenced a State Supreme Court Action to compel compliance with all applicable Town and State Code provisions, and WHEREAS, by Judgment dated May 4, 2021, Supreme Court authorized the Town to remove the structure if the property owner failed to do so, and WHEREAS, the Director has advised that the property owner has not removed the structure within the time specified by the Court and therefore recommends Town Board authorization to advertise for bids to demolish the structure in accordance with the terms of the Judgment, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, and WHEREAS, the Director has obtained a Proposal for Asbestos Inspection Services from Spectrum Environmental Associates, Inc. (Spectrum Environmental) dated June 14, 2021 related to the Property which Proposal includes an option for additional services including Spectrum Environmental’s provision of an “RFP draft for use to bid the project” for the amount of $250 and the Director wishes to engage Spectrum Environmental’s services including this provision, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 716 Purchasing Agent to publish an advertisement for bids for demolition of the structure located on the Property located at 32 Homer Avenue as delineated in the preambles of this Resolution in accordance with bid documents to be prepared by Spectrum Environmental Associates, Inc., the Purchasing Agent, Director of Building and Codes Enforcement and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids at the next regular or special meeting of the Town Board, and BE IT FURTHER RESOLVED, that any costs related to the bidding and/or demolition will be assessed by the Town Board against the real property in accordance with the Warren County Supreme Court Judgment dated May 4, 2021, and BE IT FURTHER RESOLVED, that the Town Board authorizes engagement of Spectrum Environmental Associates, Inc., in accordance with Spectrum Environmental’s June 14, 2021 Proposal for Asbestos Inspection Services, including Spectrum’s provision of an “RFP draft for use to bid the project” for the amount of $250, and authorizes and directs the Town Supervisor to execute such Proposal substantially in the form presented at this meeting with costs for Spectrum’s services to be paid for from such account(s) as may be determined to be acceptable 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, Town Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION TO AMEND 2021 TOWN BUDGET REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 717 RESOLUTION NO.: 241, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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 2021 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-0000- 0909 Fund Balance 001-5132-4500 Gas/Fuel 15,000 009-0000-009-8160-2899 Capital 0909 Fund Balance Construction 9,000 001-1990-Reimb 4400 Misc Contractual 001-8020-4711 Engineering 20,000 001-1990- 4400 Misc Contractual 001-1430-4720 Consultant 20,000 001-1990- 4400 Misc Contractual 001-1910-4200 Prop & Liab 14,000 030-8120- 4400 Misc Contractual 032-8120-4400 Misc Contractual 98.36 030-8130- 4425 Sewage treatment 032-8130-4425 Sewage treatment 4,365.06 033-8110- 4300 Electricity 032-8110-4300 Electricity 383.70 033-8120- 4400 Misc Contractual 032-8120-4400 Misc Contractual 145.30 033-8130-Sewage Treatment Glens Sewage treatment 4425 Falls 032-8130-4425 Glens Falls 12,110.15 036-1650- 4100 Telephone 032-1650-4100 Telephone 430.07 036-8110- 4003 Fiscal Agent Fee 032-8110-4003 Fiscal Agent Fee 6,888.00 REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 718 036-8110-Town Counsel 4130 Town Counsel Retainer 032-8110-4130 Retainer 2,028.58 036-8110- 4720 Consultant Fee 032-8110-4720 Consultant Fee 2,500.00 036-8120- 4230 Purchase Water 032-8120-4230 Purchase Water 325.00 036-8120- 4300 Electricity 032-8120-4300 Electricity 6,510.43 036-8120- 4400 Misc Contractual 032-8120-4400 Misc Contractual 6,503.83 036-8120- 4500 Heating Fuel 032-8120-4500 Heating Fuel 969.92 036-8120- 4520 Odor Control 032-8120-4520 Odor Control 4,752.32 036-8120-Equipment 4800 Equipment Repairs 032-8120-4800 Repairs 15,319.40 036-8130-Sewage Treatment Glens Sewage treatment 4425 Falls 032-8130-4425 Glens Falls 147,315.15 036-9710-Serial Bond 7010 Serial Bond Interest 032-9710-7010 Interest 29,753.07 036-9720-Debt Princ, Installment Debt Princ, 6020 Bond 032-9720-6020 Installment Bond 14,104.00 036-9720-Debt Interest, 7020 Debt Interest, Install Bond 032-9720-7020 Install Bond 5,274.00 037-8110-Town Counsel 4130 Town Counsel Retainer 032-8110-4130 Retainer 204.00 037-8110- 4132 Other Legal Fees 032-8110-4132 Other Legal Fees 8.50 037-8110- 4720 Consultant Fee 032-8110-4720 Consultant Fee 550.00 037-8120- 4300 Electricity 032-8120-4300 Electricity 374.23 037-8120- 4400 Misc Contractual 032-8120-4400 Misc Contractual 2,693.19 037-8130-Sewage Treatment Glens Sewage treatment 4425 Falls 032-8130-4425 Glens Falls 24,687.42 037-9710-Serial Bond 6010 Serial Bond Principal 032-9710-6010 Principal 2,603.05 037-9710-Serial Bond 7010 Serial Bond Interest 032-9710-7010 Interest 31,529.74 th Duly adopted this 12 day of July, 2021 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 719 RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OR DISPOSITION OF OBSOLETE EQUIPMENT RESOLUTION NO.: 242, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town’s Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to either sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s), sell or dispose of the surplus items as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Lot of old cellphones (Nextel) Highway n/a Dell Vestro 200 Recreation 4320 Samsung S5 Waste Water 9377 Iphone S Fire Marshal no tag Iphone 6S Building & Codes 9357 Iphone 7 Building & Codes 9520 Iphone 6 Building & Codes no tag Iphone Xr Building & Codes 9628 Samsung Galaxy Water 9307 Panasonic Palmcorder VHS Building & Codes n/a Verizon droid Highway 9143 NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 720 RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete by either using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s), sell or dispose of the surplus items as scrap, as follows: Lot of old cellphones (Nextel) Highway n/a Dell Vestro 200 Recreation 4320 Samsung S5 Waste Water 9377 Iphone S Fire Marshal no tag Iphone 6S Building & Codes 9357 Iphone 7 Building & Codes 9520 Iphone 6 Building & Codes no tag Iphone Xr Building & Codes 9628 Samsung Galaxy Water 9307 Panasonic Palmcorder VHS Building & Codes n/a Verizon droid Highway 9143 and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus item(s) and all Town proceeds from the sales shall be deposited into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 721 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION APPROVING AUDITS OF BILLS – WARRANTS: 06302021 AND 07132021 RESOLUTION NO.: 243, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants: 06302021 and 07132021 with run dates of 06/30/2021 and 07/08/2021 and payment dates of 06/30/2021 and 07/13/2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills presented as Warrants: 06302021 and 07132021 with run dates of 06/30/2021 and 07/08/2021 and payment dates of 06/30/2021 and 07/13/2021 totaling $344,413.46 and $841,279.63 respectively, 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 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 722 RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES FOR TECHNICAL SERVICES ASSOCIATED WITH PREPARATION OF A CONSOLIDATED FUNDING APPLICATION FOR WATER QUALITY IMPROVEMENT PROGRAM GRANT IN SUPPORT OF ROCKHURST COMMUNITY SEWER PROJECT RESOLUTION NO.: 244, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board is considering establishing a North Queensbury/Rockhurst Community Sewer District (District) in accordance with Article 12-A of New York Town Law, and WHEREAS, by Resolution No.: 270.2019, the Town Board accepted up to $25,000 in Grant funding from The Fund for Lake George toward establishment of the District to be used toward the cost of engineering studies and/or preparation of a Map, Plan and Report, and WHEREAS, by Resolution No.: 62.2020, the Town Board authorized engagement of The Chazen Companies (Chazen) for technical services associated with the development of an Engineering Report and Map, Plan and Report for the proposed District for a sum not to exceed $61,620 in accordance with Chazen’s September 27, 2019, Revised December 19, 2019 Proposal, and WHEREAS, the Town Board wishes to again engage Chazen for technical services associated with the preparation of a Water Quality Improvement Program (WQIP) Grant in support of the District for a sum not to exceed $5,000 in accordance with Chazen’s July 8, 2021 Proposal submitted at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of The Chazen Companies for technical services associated with the preparation of a Water Quality Improvement Program (WQIP) Grant in support of the District for a sum not to exceed $5,000 in REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 723 accordance with Chazen’s July 8, 2021 Proposal substantially in the form submitted at this meeting, and BE IT FURTHER, RESOLVED, that payment for The Chazen Companies’ services shall be paid from Engineering Account No.: 001-1440-4720-0038 and shall be reimbursed as a cost of the improvement to the extent designated by the Town Board if the District is established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2021 Town Budget by transferring $5,000 from Consultant Fee Account No.: 001-1440- 4720 to Engineering Account No.: 001-1440-4720-0038, make any adjustments, budget amendments, transfers or prepare any documentation necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Town Counsel and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING TECHNICAL SERVICES CHANGE ORDER NO. 1 CONCERNING CHAZEN COMPANIES’ DEVELOPMENT OF ENGINEERING REPORT AND MAP, PLAN AND REPORT IN CONNECTION WITH PROPOSED ESTABLISHMENT OF NORTH QUEENSBURY/ROCKHURST SEWER DISTRICT RESOLUTION NO.: 245, 2021 REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 724 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board is considering establishing a North Queensbury/Rockhurst Community Sewer District (District) in accordance with Article 12-A of New York Town Law, and WHEREAS, by Resolution No.: 270.2019, the Town Board accepted up to $25,000 in Grant funding from The Fund for Lake George toward establishment of the District to be used toward the cost of engineering studies and/or preparation of a Map, Plan and Report, and WHEREAS, by Resolution No.: 62.2020, the Town Board authorized engagement of The Chazen Companies (Chazen) for technical services associated with the development of an Engineering Report and Map, Plan and Report for the proposed District for a sum not to exceed $61,620 in accordance with Chazen’s September 27, 2019, Revised December 19, 2019 Proposal (Proposal), and WHEREAS, Chazen advised that they allocated $48,010 of the total amount toward completion of Task 01 of the Proposal, and WHEREAS, Chazen has completed the scope of Task 01 of the Proposal (preparation of an Engineer’s Report to evaluate three to four wastewater alternatives) and exhausted the $48,010 budget for Task 01; however, Chazen has been requested to add and evaluate an additional wastewater treatment option to the Engineer’s Report (an Enhanced Treatment Unit option connecting to a community sewer conveyance and soil disposal system) and as such, an additional fee of $8,800 is needed to complete this effort, and WHEREAS, Chazen has accordingly presented the Town with a Technical Services Change Order #1 dated July 8, 2021 in the amount of $8,800 detailing the additional costs for completion of Task 01, NOW THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 725 RESOLVED, that the Queensbury Town Board hereby authorizes The Chazen Companies Technical Services Change Order #1 and the $8,800 increase in spending to $56,810 for completion of Task 01 for Chazen to add and evaluate an additional wastewater treatment option to the Engineer’s Report outside the original Scope of Chazen’s September 27, 2019, Revised December 19, 2019 Proposal as delineated in the preambles of this Resolution and as set forth in the Technical Services Change Order #1 dated July 8, 2021 substantially in the form presented at this meeting, bringing the new total contract price for services to be performed by Chazen to $70,420, and BE IT FURTHER, RESOLVED, that payment shall be paid from Engineering Account No.: 001-1440-4720- 0038 and shall be reimbursed as a cost of the improvement to the extent designated by the Town Board if the District is established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2021 Town Budget by transferring $8,800 from Unappropriated, Undesignated Fund Balance to Engineering Account No.: 001-1440-4720-0038, make any adjustments, budget amendments, transfers or prepare any documentation necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute Technical Services Change Order No. #1 substantially in the form presented at this meeting and any other needed documentation, and BE IT FURTHER, RESOLVED, further authorizes and directs the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of July, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 726 NOES: None ABSENT: Mr. McNulty 5.0 CORRESPONDENCE DEPUTY CLERK MELLON- Supervisor’s Report for Community Development and Building and Codes for June 2021 on file in Town Clerk’s Office. 6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) NO PUBLIC COMMENT 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I)  Has been receiving numerous calls from constituents requesting road repairs. The Highway Department is working on these requests but it’s going to take time. Please be patient. Thanked Highway Superintendent, Dave Duell for all his hard work. th  Asking for public input at the July 26 Regular Town Board Meeting regarding the Town opting in/out of allowing retail cannabis dispensaries within the Town. COUNCILMAN FREER (WARD II)-  The community suffered a huge loss with the passing of Joan Grishkot. It was an honor to know her.  Still looking for volunteers who would like to serve on a short term advisory committee. Anyone interested in serving should contact him directly.  Spoke regarding the Open Meetings Law and need for reform.  Happy to report that Kathy Bozony is working on getting the Town identified as a Climate Smart Community. COUNCILMAN FERONE (WARD III)- With regards to COVID, we are in a better place than we were a year ago, but there are still some active cases in Warren County. We still need to be vigilant. COUNCILMAN MCNULTY (WARD IV)- PARTICIPATED VIA ZOOM-  Also spoke regarding the passing of Joan Grishkot. She was a great mentor. She will be missed.  West Glens Falls Volunteer Fire Company recently purchased a new pumper truck. He and Supervisor Strough attended the ceremony to put the truck in service last Saturday.  The volunteers are the strength of our community. Prior to COVID there was discussion about increasing their annual stipend. Would like to revisit this, possibly at a workshop. SUPERVISOR STROUGH-  Spoke regarding the passing of Joan Grishkot. She was a huge contributor to this community and she will be missed dearly.  Also spoke regarding the recent passing of John Munsey, a hydrogeologist with C.T. Male. He too will be missed.  Attended the Wiawaka restoration ribbon cutting ceremony. A great organization.  Also, along with Councilman Freer, attended the International Cuisine Festival. A fundraiser for the World Awareness Children’s Museum. Another great local institution to our region.  A four page informational letter went out to the residents of the Jenkinsville area.  Thank you to the Region Post 233 for putting together the Memorial Day REGULAR TOWN BOARD MEETING, 07-12-2021, MTG #22 727 Remembrance Ceremony.  Thank you to the Assessor’s Office for all their hard work. th  Reminder, Saturday July 24 Warren County will be hosting another household hazardous waste collection day. It will be held at the Warrensburg (4028 Main Street) DPW from 9am-2pm.  Thank Joel Barlow and Look TV for televising these meetings.  Thanked all in attendance here tonight.  Received thank you notes from both Fran Lamery and Sean Street for attending their Eagle Scout Ceremonies.  Spoke regarding the Reuse and Recycle Day held on June 12th. It was a successful event. ‘  Spoke regarding fire safety. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 246, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 12th day of July 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: Mr. McNulty RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I