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08-09-2021 MTG # 25 Regular Town Board Meeting, MTG # 25, 08-09-2021 749 REGULAR TOWN BOARD MEETING MTG #25 TH AUGUST 9, 2021 RES. #260-269 7:00 P.M. BOH #38-42 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY BOARD MEMBERS ABSENT COUNCILMAN ANTHONY METIVIER TOWN COUNSEL ROBERT HAFNER, ESQ. SUPERVISOR STROUGH called meeting to order…. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN HARRISON FREER 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 260, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 9 day of August, 2021 by the following vote: AYES: Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: Mr. Metivier RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MICHELE DRAHUSHUK RESOLUTION NO.: BOH 38, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is Regular Town Board Meeting, MTG # 25, 08-09-2021 750 authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Michele Drahushuk has applied to the Local Board of Health for a variance from Chapter 136 to install a replacement wastewater treatment system with its components proposed to be located as follows: 1. leach field to be 5’ from the south property line and 9.6’ from the north property line in lieu of the required 10’ setback; 2. force main to be 4.5’ from the property line in lieu of the required 10’ setback; 3. leach field to be 79.7’ from Glen Lake in lieu of the required 100’ setback; and 4. septic tank and pump station to be 2’ from the foundation in lieu of the required 10’ setback; on property located at 1 Chestnut Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing rd on Monday, August 23, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Michele Drahushuk’s sewage disposal variance application concerning property located at 1 Chestnut Road in the Town of Queensbury (Tax Map No.: 289.13-1-5) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 9 day of August, 2021, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: Mr. Metivier RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF TIMOTHY MORIARTY RESOLUTION NO.: BOH 39, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION Regular Town Board Meeting, MTG # 25, 08-09-2021 751 SECONDED BY: Mr. Harrison Freer 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, Timothy Moriarty has applied to the Local Board of Health for a variance from Chapter 136 to install a replacement wastewater treatment system with its components proposed to be located as follows: 1. absorption bed to be 88’ from the neighboring well in lieu of the required 100’ setback; 2. pump tank to be 4’ from the property line in lieu of the required 10’ setback; 3. absorption bed to be 7’ from the property line in lieu of the required 10’ setback; 4. absorption bed to be 2’ from the property line in lieu of the required 10’ setback; 5. Clarus tank to be 5’ from the building foundation in lieu of the required 10’ setback; and 6. absorption bed to be 10’ from the building foundation in lieu of the required 20’ setback; on property located at 12 Honeysuckle Lane in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing rd on Monday, August 23, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Timothy Moriarty’s sewage disposal variance application concerning property located at 12 Honeysuckle Lane in the Town of Queensbury (Tax Map No.: 226.19-2-34) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 9 day of August, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES : None ABSENT: Mr. Metivier RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF RICHARD TUZZOLO Regular Town Board Meeting, MTG # 25, 08-09-2021 752 RESOLUTION NO.: BOH 40, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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, Richard Tuzzolo (Applicant) has applied to the Local Board of Health for variances from Chapter 136, §136-11 which requires applicants to obtain a variance for holding tanks as the Applicant wishes to replace the existing wastewater system and install a 1,500 gallon capacity holding tank in lieu of a 3,000 gallon capacity holding tank required to serve as the sewage disposal system on property situated at 118 Seelye Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing rd on Monday, August 23, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Richard Tuzzolo’s sewage disposal variance application concerning property located at 118 Seelye Road in the Town of Queensbury (Tax Map No.: 227.17-2-7) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 9 day of August, 2021, by the following vote: AYES : Mr. McNulty, Mr. Strough, Mr. Freer, Mr. Ferone NOES : None ABSENT: Mr. Metivier RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DOUGLAS AND CHRISTINE CHILDROSE RESOLUTION NO.: BOH 41, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION Regular Town Board Meeting, MTG # 25, 08-09-2021 753 SECONDED BY: Mr. Timothy McNulty 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, Douglas and Christine Childrose (Applicants) have applied to the Local Board of Health for variances from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank system, as the Applicants wish to replace their wastewater system by installing a holding tank system consisting of two (2) holding tanks each with a capacity of 1,500 gallons, thus meeting the required total capacity of 3,000 gallons, and WHEREAS, the Applicants have also applied for additional variances from Chapter 136 to allow placement of the: 1. Holding tank #1 - 3.61’ from the property line in lieu of the required 10’ setback; 2. Grinder pump system - approximately 5’ from the property line in lieu of the required 10’ setback; 3. Grinder pump system - 31.31’ from Glen Lake in lieu of the required 50’ setback; and 4. Holding tanks - 45.64’ from Glen Lake in lieu of the required 50’ setback; on property located at 97 Fitzgerald Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing rd on Monday, August 23, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Doug and Christine Childrose’s sewage disposal variance application concerning property located at 97 Fitzgerald Road in the Town of Queensbury and bearing Tax Map No.: 289.14-1-26 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 9 day of August, 2021, by the following vote: AYES : Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES : None ABSENT: Mr. Metivier Regular Town Board Meeting, MTG # 25, 08-09-2021 754 RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 42, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Regular Session of the Town Board of the Town of Queensbury. th Duly adopted this 9 day of August, 2021, by the following vote: AYES: Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: Mr. Metivier 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN.) NO PUBLIC COMMENT 3.0 RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL FISCAL RECOVERY GRANT FUNDS AND ESTABLISHMENT OF CAPITAL PROJECT FUND NO.: 241 RESOLUTION NO.: 261, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the New York State Department of Budget (NYS DOB) previously announced the availability of funds through the American Rescue Plan Act (ARPA) to distribute Coronavirus Local Fiscal Recovery Funds (Recovery Funds) to Non-Entitlement Units (NEUs) of local government on behalf of the United States Department of the Treasury, and WHEREAS, by Resolution No.: 219,2021, the Queensbury Town Board authorized its request for Recovery Funds, and WHEREAS, the Town was notified that it was awarded $2,794,633.02 in Recovery Funds and received half of the amount, $1,397,316.51, in July 2021 and expects to receive the balance, $1,397,316.51, in July of 2022, and WHEREAS, the Town Board wishes to accept these Recovery Funds, establish ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241 and establish and fund the Revenue Regular Town Board Meeting, MTG # 25, 08-09-2021 755 and Expense Accounts in the total amount of $2,794,633.02, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts a total of $2,794,633.02 in American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Grant Funds from the New York State Department of Budget of which $1,397,316.51 has been received by the Town with the balance of $1,397,316.51 expected to be received in July of 2022, such Recovery Funds to be used in accordance with the terms and conditions to be set forth by the New York State Department of Budget and/or the Federal Government, and BE IT FURTHER, RESOLVED, that the Town Board further establishes the ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241 in the total amount of $2,794,633.02 and its estimated revenues as follows:  Increase Revenue in Federal Aid For General Government Purposes Account No. 241- 0000-54089 by $2,794,633.02; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed grant agreement in form acceptable to the Town Supervisor, Town Budget Officer and/or Town Counsel, as well as any other associated documentation, and the Town Supervisor, Town Counsel and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 9 day of August, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING HIRING OF SHAUNA BAKER AS OFFICE SPECIALIST IN COMMUNITY DEVELOPMENT DEPARTMENT Regular Town Board Meeting, MTG # 25, 08-09-2021 756 RESOLUTION NO.: 262, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Director of Planning, Zoning and Code Compliance (Director) has advised the Town Board that there will soon be a vacant, full-time Office Specialist position in the Department as a result of an upcoming retirement, and WHEREAS, the Director posted availability for the position, reviewed the current Warren County Civil Service List for the position, reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the provisional employment of Shauna Baker as Office Specialist as Ms. Baker meets the requirements for the position and is listed as a valid candidate on the Warren County Civil Service List for the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Shauna Baker as a full-time Office Specialist in the Town’s Community Development Department th effective on or September 7, 2021 subject to Ms. Baker’s passing of a pre-employment physical as required by Town Policy, completion of a 26 week probationary period and any other applicable Civil Service requirements, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening and BE IT FURTHER, RESOLVED, that Ms. Baker shall be paid the hourly rate of pay for the Office Specialist position as delineated in the Town’s current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Director of Planning, Zoning and Code Compliance and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 9 day of August, 2021 by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: Mr. Metivier Regular Town Board Meeting, MTG # 25, 08-09-2021 757 RESOLUTION AUTHORIZING REMOVAL OF RELIANCE TRUST COMPANY AS TRUSTEE, APPOINTMENT OF STATE STREET BANK AND TRUST COMPANY AS SUCCESSOR TRUSTEE, REMOVAL OF EMPOWER RETIREMENT AS SERVICE PROVIDER AND APPOINTMENT OF NATIONWIDE AS SUCCESSOR SERVICE PROVIDER OF TOWN DEFERRED COMPENSATION PLAN RESOLUTION NO.: 263, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 137,2021, the Queensbury Town Board authorized adoption of the Deferred Compensation Plan for Employees of the State of New York and Other Participating Public Jurisdictions for voluntary participation of all eligible Town employees, and WHEREAS, the Town Board wishes to authorize the removal of Reliance Trust Company as current Trustee and the appointment of State Street Bank and Trust Company as Successor Trustee of the Town of Queensbury’s Deferred Compensation Plan, and WHEREAS, the Town Board also wishes to authorize the removal of Empower as the Town’s Service Provider and the appointment of Nationwide as Successor Service Provider of the Town of Queensbury’s Deferred Compensation Plan, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the removal of Reliance Trust Company as current Trustee and the appointment of State Street Bank and Trust Company as Successor Trustee of the Town of Queensbury’s Deferred Compensation Plan effective October 11, 2021, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the removal of Empower as the Town’s Service Provider and the appointment of Nationwide as Successor Service Provider of the Town of Queensbury’s Deferred Compensation Plan, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or other appropriate Town officials to take any such actions and execute such documentation as may be required to effectuate all terms of this Resolution. Regular Town Board Meeting, MTG # 25, 08-09-2021 758 th Duly adopted this 9 day of August, 2021, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: Mr. Metivier A TRUE RECORD BY: ________________________________________________ JOHN F. STROUGH, III, TOWN SUPERVISOR TOWN OF QUEENSBURY - AUTHORIZED OFFICER ACTING ON BEHALF OF THE PLAN ATTEST: _____________________________________ WITNESS (PRINTED NAME) RESOLUTION AUTHORIZING INDEPENDENT CONTRACTOR AGREEMENT BETWEEN TOWN OF QUEENSBURY AND KATHLEEN BOZONY RESOLUTION NO.: 264, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 262, 2016, the Queensbury Town Board authorized an Independent Contractor Agreement between the Town and Kathleen Bozony providing for Ms. Bozony undertaking such tasks as may be directed by the Town Supervisor and the Town Board including, but shall not be limited to, preparation of applications for supervising and administering various grants, for the amount of $35 hourly, and WHEREAS, the Town Board wishes to continue its Agreement with Ms. Bozony, and WHEREAS, a proposed Independent Contractor Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Independent Contractor Agreement between the Town and Kathleen Bozony providing for Ms. Bozony undertaking such tasks as may be directed by the Town Supervisor and the Town Board including, but shall not be Regular Town Board Meeting, MTG # 25, 08-09-2021 759 limited to, preparing applications for supervising and administering various grants, for the amount of $35 hourly up to a total amount of $20,000 for the remainder of 2021, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement substantially in the form presented to this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and transfer:  $4,000 from Undesignated, Unappropriated General Fund Balance to Consultant Account No.: 001-1440-4720; and  $15,000 from the General Fund to Climate Smart Capital Project Account No.: 226-8030- 4720; and take any other actions needed to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Town Budget Officer and Town Counsel to take such other and further actions as may be necessary to effectuate the intent of this Resolution. th Duly adopted this 9 day of August, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT QUEENSBURY MASONIC HISTORICAL SOCIETY’S PETITION FOR CHANGE OF ZONE APPLICATION TO QUEENSBURY PLANNING BOARD AND SEEKING SEQRA LEAD AGENCY STATUS RESOLUTION NO.: 265, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Masonic Historical Society (QHMS) submitted a zoning Regular Town Board Meeting, MTG # 25, 08-09-2021 760 change application to the Queensbury Town Clerk's Office on or about July 30, 2021 to allow for the addition of Day-Care Center as an allowable use by Site Plan Review in the Neighborhood Residential Zoning District, and WHEREAS, the application has been reviewed by the Town Senior Planner and deemed complete for purposes of review, and WHEREAS, applications for zoning changes are subject to Warren County Planning Department review in accordance with §239-m of the New York State General Municipal Law, and WHEREAS, applications for zoning changes may be forwarded to the Town Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Town Board will review the application and take such other action as it shall deem necessary and proper, and WHEREAS, prior to making a decision about whether to approve the zoning change, it is necessary to conduct a review under the New York State Environmental Quality Review Act (SEQRA) for potential environmental effects, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby declares its intent to seek Lead Agency status for SEQRA review of the proposed zoning change requested by the Queensbury Masonic Historical Society (QMHS) as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to th forward QMHS's application received by the Town Clerk's Office on or about July 30 to the Queensbury Planning Board for review, report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to submit the application to the Warren County Planning Department for NYS GML §239-m review, and BE IT FURTHER, Regular Town Board Meeting, MTG # 25, 08-09-2021 761 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation and the Town's Department of Community Development to notify, if and when appropriate, any other Involved Agencies of the Town Board's intent to serve as Lead Agency for SEQRA Review of the project and the Town Supervisor, Town Clerk and/or Department of Community Development to take any other necessary actions to effectuate the terms of this Resolution. th Duly adopted this 9 day of August, 2021 by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING ENGAGEMENT OF BEHAN COMMUNICATIONS TO CONTINUE PROVISION OF PROFESSIONAL PUBLIC COMMUNICATIONS AND COMMUNITY ENGAGEMENT SERVICES RELATED TO JENKINSVILLE AREA ENVIRONMENTAL ASSESSMENT RESOLUTION NO.: 266, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 170, 2021, the Queensbury Town Board authorized engagement of Behan Communications for professional public communications and community engagement services related to the Jenkinsville Area environmental assessment, and WHEREAS, the Town Board wishes to authorize the continuance of such services at the same rate of $300 per hour, estimated to be approximately 14 hours per month for the next 12 months as delineated in Behan Communications’ letter proposal dated July 2, 2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Behan Communications for continuance of its professional public communications and community engagement services related to the Jenkinsville Area environmental assessment for the amount of $300 per hour, estimated to be approximately 14 hours per month for the next 12 months as delineated in Behan Communications’ letter proposal dated July 2, 2021 presented at this meeting, and BE IT FURTHER, Regular Town Board Meeting, MTG # 25, 08-09-2021 762 RESOLVED, that such services shall be paid for from Engineering Account No.: 001-1440- 4720-009, 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 effectuate the transfer of $50,400 from Undesignated, Unassigned General Fund Balance Account No.: 001-0000-0909 to Engineering Account No.: 001-1440-4720-009, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed agreement and/or any necessary documentation and the Town Supervisor and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 9 day of August, 2021, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING TECHNICAL SERVICES CHANGE ORDER NO. 01 REGARDING PROFESSIONAL ENGINEERING SERVICES OF C.T. MALE ASSOCIATES RELATED TO NYSDEC GROUNDWATER TESTING REVIEW AND SUMMARY RESOLUTION NO.: 267, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 104, 2021, the Queensbury Town Board authorized engagement of C.T. Male Associates (CT Male) for professional environmental engineering services (Services) to assist the Town with the review and summary of groundwater testing that the New York State Department of Environmental Conservation (NYSDEC) has performed on monitoring wells and private wells in the Town as part of New York State’s Inactive Landfill Initiative for the amount of $10,000 as set forth in CT Male’s March 16, 2021 proposal, and WHEREAS, CT Male has offered to continue its provision of these Services through 2023 on an as-needed basis as the NYSDEC progresses with its site characterization including monitoring and evaluating the site characterization’s findings and has accordingly presented the Town with Regular Town Board Meeting, MTG # 25, 08-09-2021 763 Technical Services Change Order No. 01 dated July 29, 2021 detailing such additional services in the amount of $20,000 for a new total contract price including this Change Order to be $30,000, and WHEREAS, the Town Board wishes to accordingly authorize Technical Services Change Order No. 01 for the additional engineering services, NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes C. T. Male Associates’ Technical Services Change Order No. 01 dated July 29, 2021 as delineated in the preambles of this Resolution in the amount of $20,000 for a total new Contract Price including this Change Order to be $30,000, to be paid for from Engineering Account No.: 001-1440-4720-009, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Change Order No.: 01 substantially in the form presented at this meeting and/or any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer of $20,000 from Undesignated, Unassigned General Fund Balance Account No.: 001-0000-0909 to Engineering Account No.: 001-1440-4720-009, and BE IT FURTHER, RESOLVED, further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 9 day of August, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: Mr. Metivier RESOLUTION APPROVING AUDITS OF BILLS – WARRANTS: 07292021 AND 08102021 RESOLUTION NO.: 268, 2021 Regular Town Board Meeting, MTG # 25, 08-09-2021 764 INTRODUCED BY: Mr. Harrison Freer 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: 07292021 and 08102021 with run dates of 07/29/2021 and 08/05/2021 and payment dates of 07/29/2021 and 08/10/2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills presented as Warrants: 07292021 and 08102021 with run dates of 07/29/2021 and 08/05/2021 and payment dates of 07/29/2021 and 08/10/2021 totaling $378,917.03 and $355,269.91 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 9 day of August, 2021, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: Mr. Metivier 4.0 CORRESPONDENCE Town Clerk Barber noted correspondence forwarded from Supervisor Strough dated August 2, 2021 received from Bernard Mudd, an article shared regarding ‘Homeowner’s Raise a Stink Over Pot- Smoking Neighbors’. An additional correspondence forwarded from Supervisor Strough dated August 2, 2021 from Sammy Foda regarding the Cannabis Industry. Both on file in the Town Clerk’s Office. 5.0 PRIVILEGE OF THE FLOOR (LIMIT – 4 MINUTES) EMMANUEL VALLIANOS noted that he just opened a smoke shop on Main Street, off of Exit 18 with the goal of transition into the Cannabis Industry. I would like to work with the Town to become a lounge, with proper ventilation, kind of like a Hookah Lounge. A safe place to go where people can ingest cannabis, not impede on the public and cause stink to a neighbor. SUPERVISOR STROUGH noted that this Town Board has not, as of now, nor do I hear although they have a right to change their mind, a desire to opt out. We have to make that decision by December st 31 of this year. I am hearing that we’re comfortable with staying in with both use and dispense and those licenses will be issued by New York State. We are allowed to make reasonable, practical time, place and manner restrictions which the Board is thinking about what is appropriate and not appropriate. Odor is one of those, distance from a church or school might be something as well. I Regular Town Board Meeting, MTG # 25, 08-09-2021 765 would like to work with you as the Town moves forward and suggested to Mr. Vallianos to email him. FRED MCNEILL, 14 Old Aviation Road-Noted that he has spoken to Councilman Freer regarding his issue which is a squatter that has been living in his car next to his property on the four acre lot owned by the Town. Noted that he placed a set of sawhorses with a sign, keep out and do not enter, which has worked. This person moved to a clearing further up the property. As of this weekend, there is a bunch of litter thrown onto my property over the sawhorses. The police were involved one night, this man was loud and obnoxious. I have been told that the Town has to have him removed. Suggested some signage, no parking after 9 p.m. and no trespassing on the property. SUPERVISOR STROUGH-Stated that the Town will not be able to post no trespassing signs because it is a Town Park. Harrison and I will work on this to figure out what signage and steps we need to do to fix this situation. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY (WARD IV)  Spoke regarding the traffic issues on Corinth Road, noting there was another accident at the corner of Carey Road coming out of the Hudson Headwater’s Facility. I would like to move forward with the traffic study. Supervisor Strough, as our County representative, anything you can do to push this through would be helpful. There are many projects going in this area and the traffic will continue to increase.  Referred to Jenkinsville and the announcement last week, I would like to point out that our approach going forward was two prong. We wanted to find out who was responsible but this Board also contracted with the engineer to come up with options for bringing water there. While the results are still inconclusive and being worked, I think our path to go down two roads at the same time is going to be important until we can get the solution. COUNCILMAN FERONE (WARD III)  Would like to repeat something I mentioned at the last meeting about people dumping items on the side of the road. Between two weeks, I received a call telling me that someone had dumped a couch on Dixon Road which had been there for weeks. Again people, if you have to get rid of things, dispose of them appropriately, don’t be using the Town to dump your unwanted items on the side of the road. I did call the Highway Department, I spoke to our new Deputy and took care of it. COUNCILMAN FREER (WARD II)  Referred to the UN climate report, it’s scary noting that we are in a climate crisis and there are things that we can do to change the future for climate.  Announced there is a fairly new Jenkinsville Assessment area and it’s pretty thorough, five pages.  Spoke regarding the consideration of mandatory vaccinations.  Announced the first Short Term Rental Community Advisory Meeting next Monday night at 7:30 p.m. in the Supervisor’s Conference Room. We do have a law on the books, it seems to be effective but it’s a moving target, it’s a big industry and we want to make sure we stay on track. SUPERVISOR STROUGH-  Read the following: Article 7, Section 109 of the Agriculture & Markets Law requires any and all dogs over the age of four months to be licensed with the municipality they reside in. All dogs residing in Queensbury must be licensed. These licenses can be purchased at the Town Clerk’s Office where each dog is issued an identifiable numeric tag. Residents must provide a current rabies certificate when applying for the license. If the dog cannot be given a rabies shot for health reasons, a certified statement from a licensed veterinarian stating such is required. Dog licenses are valid for one year. The license renewals are mailed directly to the dog owner one month prior to the year’s expiration. You can now renew your dog license online as long as the rabies vaccination Regular Town Board Meeting, MTG # 25, 08-09-2021 766 is current in the town’s database. Kindly call the Queensbury Town Clerk’s Office if you have any questions, concerns or need to update your dog’s records. Please be aware, delinquent dog licenses are subject to a $100.00 fine as required by the Queensbury Town Code. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 269, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 9 day of August, 2021, by the following vote: AYES: Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: Mr. Metivier RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY