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03-06-2023 MTG #8 Regular Town Board Meeting, 02-27-2023, MTG#7 156 REGULAR TOWN BOARD MEETING MTG #8 MARCH 61h, 2023 RES. #97-103 7:00 P.M. TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL BRIAN REICHENBACH, ESQ. PRESS Look TV SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON ANTHONY METIVIER 1.0 PUBLIC HEARING 1.1 PUBLIC HEARING—WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC'S PROPOSAL TO PURCHASE 2023 BME/FREIGHTLINER 2000 GALLON ENGINE TANKER AND USE OF TAX-EXEMPT FINANCING Publication Date: February 17, 2023 SUPERVISOR STROUGH reviewed proposed purchase. Any member of the public that wishes to ask questions and there are three members of West Glens Falls Volunteer Fire Company here tonight to help us respond to any of the publics queries. Alright, any Town Board? COUNCILMAN FERONE-Yes. SUPERVISOR STROUGH-Yes, George. COUNCILMAN FERONE-Can a representative come up? SUPERVISOR STROUGH-So you've got the current Chief, and you can put another chair there. COUNCILMAN MCNULTY-... COUNCILMAN FERONE-Yes I know, that's what I am going for. SUPERVISOR STROUGH-The past Chief and the Budget Officer please introduce yourself for the record please. CHIEF TYSON CONVERSE- Chief Tyson Converse. JEFF DAILEY-Past Chief Jeff Dailey. WILL BACHARACH-Lieutenant Will Bacharach, Budget Officer as well. SUPERVISOR STROUGH-Okay, thank you. Thank you for coming. George? COUNCILMAN FERONE-I just did that because you thought you were going to get away from having to come up here. So, I'm impressed with the fact that you had a truck that's 30 years old with 14,000 miles but you know I realize that you guys are in service constantly. Do you have Regular Town Board Meeting, 02-27-2023, MTG#7 157 any idea what you're going to get in on trade in? I imagine you won't know it because it's going to be until the end of the year that you'll be using it. MR. DAILEY-So as far as trade in purposes we did reach out to the manufacturer who we're purchasing this truck from and we're better off selling it outright than we are trade in purposes. COUNCILMAN FERONE-Oh, okay. MR. DAILEY-Because there, the market out there, obviously you know everybody is coming up for their budget, I'm sorry for getting ahead of things. MR. CONVERESE-No that's okay. MR. DAILEY-But everybody knows from their budgets that trucks right now are out of this world. So even used truck pricing is, so the manufacturers that are trying to basically,just like a used car dealer. COUNCILMAN FERONE-Yes. MR. DAILEY-Trying to get it priced up fairly reasonably cheap because they know they can exactly top it off of resale. This will make a good truck for somebody down the road but right now just to reiterate on this tanker that is, it is replacing it is a Warren County mutual aid truck for tanker assignments throughout the whole county and Saratoga County so this truck is used throughout the whole county so it definitely needs to be updated. Like I said we've done our due diligence to build our truck fund up to only have to finance a certain amount of money and not have to take the whole finance out so. COUNCILMAN FERONE-And there's plenty of places around right where you can't hook up to a hydrant and you need a truck like that to bring in water. MR. DAILEY-Correct, in the Town for that matter to so. COUNCILMAN FERONE-Thank you, you answered my question. SUPERVISOR STROUGH-Any other questions for members of West Glens Falls Fire Department while they are up here? Any questions from the public? Another opportunity before I close the public hearing? Seeing none, I'll close the public hearing and entertain a motion to approve. PUBLIC HEARING CLOSED RESOLUTION APPROVING WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.'S PURCHASE OF 2023 BME/FREIGHTLINER 2000 GALLON ENGINE TANKER TRUCK AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING FOR SUCH PURCHASE RESOLUTION NO.: 97,2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, Regular Town Board Meeting, 02-27-2023, MTG#7 158 real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a"vehicles fund"without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company advised the Town Board that it wishes to purchase a 2023 BME/Freightliner 2000 Gallon Engine Tanker Truck (Truck) to replace its year 1993 Ford/KME 1800 Gallon Tanker(Apparatus)with approximately 14,000 miles for a sum not to exceed$378,799, such purchase included in the Fire Company's five (5)year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment,tools, other apparatus,facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, once the new Truck is placed into service, the Fire Company will remove the replaced Apparatus from service and sell it after all potential warranty/service issues are resolved with the new Truck, and WHEREAS, proceeds from the Fire Company's sales of the replaced Apparatus will be placed either against the principal of the new, proposed Truck and/or toward other Fire Company debt; and WHEREAS,the Truck will be owned and used by the Fire Company to provide fire protection to the Town and will be maintained at its firehouse located at 33 Luzerne Road, and WHEREAS, the Fire Company has advised that it plans to pay for the Truck by using: 1. $178,799—funds from its current and future budgets; and 2. $200,000 - maximum amount of tax-exempt financing up to a 60 month term with NBT Bank; and WHEREAS, Town Board approval of such proposed purchase is required by the Fire Company's Agreement with the Town and such proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and WHEREAS, on Monday, March 6t', 2023, the Town Board held such public hearing and duly heard all interested persons, and WHEREAS, the Town Board believes that this new Truck will provide additional safety protection for the Town while eliminating an aging Apparatus from the Fire Company's fleet and therefore the Town Board wishes to adopt a Resolution authorizing such Truck purchase and the Fire Company's incurrence of tax-exempt debt, NOW, THEREFORE, BE IT Regular Town Board Meeting, 02-27-2023, MTG#7 159 RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Volunteer Fire Company, Inc.'s purchase of a 2023 BME/Freightliner 2000 Gallon Engine Tanker Truck (Truck) to replace its year 1993 Ford/KME 1800 Gallon Tanker for a sum not to exceed $378,799, such purchase included in the Fire Company's five (5) year capital plan that forecasts future capital needs and expenditures including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities, to be used for firematic purposes, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Fire Company's incurrence of up to $200,000 maximum amount in debt/tax-exempt financing for such purchase for up to a 60 month term with NBT Bank with the understanding that the Town Board is relying upon the Fire Company's assurance that the Truck is serviceable and suitable for its long-term intended use, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with NBT Bank on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Supervisor and/or Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 6t'day of March, 2023 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None SUPERVISOR STROUGH reviewed proposed resolutions and noted 3.1 resolution is being pulled for further information. 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES) NO PUBLIC COMMENT 3.0 RESOLUTIONS RESOLUTION AUTHORIZING PURCHASE OF PROTECTIVE INDUSTRIAL PRODUCTS/CLOTHING FROM AIRGAS USA, LLC RESOLUTION NO.: 98,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION Regular Town Board Meeting, 02-27-2023, MTG#7 160 SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Budget Officer has advised that it is necessary to purchase protective industrial products/clothing (clothing) for certain Town personnel, and WHEREAS,the Town Budget Officer requested and received quotes for such clothing and the lowest quote is from Airgas USA, LLC dated 02/27/2023 in the amount of$231.95 for one(1) set of clothing which includes six(6) shirts, (1) hooded sweatshirt and one(1) coat, and WHEREAS, the Town wishes to purchase up to 70 sets of such clothing for a total up to $16,237, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the purchase of up to 70 sets of protective industrial products/clothing (clothing) from Airgas USA, LLC in accordance with its quote dated 02/27/2023 substantially in the form presented at this meeting in the amount of$231.95 for one(1)set of clothing,up to 70 sets,for a total not to exceed$16,237 to be paid from the account(s) deemed appropriate by the Town Budget Officer and/or Town Purchasing Agent, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation, and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6t'day of March, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION AUTHORIZING CHANGE IN COMPREHENSIVE TELECOMMUNICATIONS SERVICES RENEWAL CONTRACT WITH FIRST LIGHT FIBER RESOLUTION NO.: 99,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier Regular Town Board Meeting, 02-27-2023, MTG#7 161 WHEREAS,by Resolution No.: 171,2020,the Queensbury Town Board authorized a change in its renewal of a Comprehensive Telecommunication Services Contract with First Light Fiber(First Light) in accordance with New York State TCS Contract Pricing 4PS68696, Group 477017, Award 423100, and WHEREAS, the Town's technology services provider, Stored Tech, has recommended a renewal of First Light's Contract which renewal would include a change from EPL or "Ethernet private lines" to ELAN to allow for much better connection at a more affordable rate, increase the speed at the Town's Water Department and reduce the number of SIP Trunks call paths from 36 concurrent call paths (ccp) to 25 ccp, and WHEREAS, such changes would reduce the monthly costs of First Light's Contract charges from $3,397.20 to $2,292 monthly for a savings of$39,812.40 over a new three (3) year term, and WHEREAS,the Town Board wishes to authorize such change to its Contract with First Light, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the change in its renewal of a Comprehensive Telecommunication Services Contract with First Light Fiber in accordance with New York State TCS Contract Pricing 4PS68696, Group 477017, Award 423100 and as set forth in First Light Fiber's 02/22/2023 Service Order Forms substantially in the forms presented at this meeting and to be paid for from the appropriate account(s) as may be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign the Service Order Forms and/or any necessary Agreements and/or other needed documentation, and the Town Supervisor and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6t'day of March, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION AUTHORIZING TECHNICAL SERVICES CHANGE ORDER NO. 03 REGARDING PROFESSIONAL ENGINEERING SERVICES OF C.T. MALE ASSOCIATES RELATED TO NYSDEC GROUNDWATER TESTING REVIEW AND SUMMARY Regular Town Board Meeting, 02-27-2023, MTG#7 162 RESOLUTION NO.: 100, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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, and WHEREAS,by Resolution Nos: 267,2021 and 153, 2022,the Town Board authorized C. T. Male's Technical Services Change Order Nos: 01 and 02 respectively to continue CT Male's provision of such Services on an as-needed basis as the NYSDEC progresses with its site characterization including monitoring and evaluating the site characterization's findings for a new total contract price of$50,000, and WHEREAS, CT Male has advised that it has exhausted the$50,000 total budget approved by these prior Resolutions but has offered to continue providing advisory services 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 Technical Services Change Order No. 03 dated February 15, 2023 detailing such services in the amount of$24,000 for a new total contract price including this Change Order to be $74,000, and WHEREAS, the Town Board wishes to accordingly authorize Technical Services Change Order No. 03 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. 03 dated Februaryl5, 2023 as delineated in the preambles of this Resolution in the amount of$24,000 for a total new Contract Price including this Change Order to be $74,000, 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.: 03 substantially in the form presented at this meeting and/or any other needed documentation, and Regular Town Board Meeting, 02-27-2023, MTG#7 163 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$24,000 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. Duly adopted this 6fh day of March, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION TO AMEND 2022 TOWN BUDGET RESOLUTION NO.: 101, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2022 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1010-1010 TB Sal 001-1110-1010 Court Sal. 3,000 001-1355-1010 Assessor Sal 001-1110-1010 Court Sal. 9,100 001-1420-1010 Counsel Sal. 001-1110-1010 Court Sal. 1100 001-1990-1010 Contingency Sal. 001-1110-1010 Court Sal. 5,400 001-1315-1020 Accounting OT Supervisor Off 001-1220-1010 Sal. 500 001-3410-1010 Fire Code Sal 001-1330-1010 Tax Rec. Sal. 10,500 001-3410-1010 Fire Code Sal 001-1410-1010 Town Clerk Sal. 20,900 Regular Town Board Meeting, 02-27-2023, MTG#7 164 001-3620-1010 Bldg. Code Sal Bldg. & Grounds 001-1620-1010 Sal. 27,650 001-9060-8060 Health Insurance 001-1680-4400 Misc. Contractual 10,000 001-1680-2032 Hardware 001-1680-4335 Software Subscr. 3,500 001-1680-2031 Software 001-1680-4335 Software Subscr. 2,500 001-3410-1010 Fire Code Sal 001-5010-1010 Hwy Admin Sal. 2,300 001-3410-1010 Fire Code Sal 001-7020-1010 Rec Admin Sal 5,000 001-3620-1010 Bldg. Code Sal 001-7020-1010 Rec Admin Sal 2,000 001-3120-1010 Crossing Grd Sal 001-7020-1010 Rec Admin Sal 700 001-7110-1010 Parks Sal 001-8010-1010 Zoning Sal 2,300 001-3120-1010 Crossing Grd Sal 001-8020-1010 Planning Sal 1,200 001-7510-1010 Historian Sal 001-8020-1010 Planning Sal 2,000 001-1620-4300-0024 Electricity 001-5132-4070 Bldg Repairs 250 002-8810-4400 Misc. Contr. 002-8810-1010 Cemetery Sal 5,900 002-9040-8040 Workers' Comp 002-8810-1010 Cemetery Sal 2,000 002-8810-4500-8811 Heating Fuel 002-8810-1020 Overtime 500 002-0000-0909 Fund Bal 002-8810-2001 Misc. Equip 11,000 004-5110-4620 Paving Mats 004-5142-1020 Snow Rem OT 10,000 004-9060-8060 Health Ins. 004-5142-1020 Snow Rem OT 16,000 009-8160-4400 Misc. Contract 009-8160-4300 Electricity 500 009-8160-4400 Misc. Contract 009-8160-4410 Fuel 200 040-8340-1010 Salaries 040-8330-4271 Water Chemicals 11,000 Duly adopted this 6t'day of March, 2023 by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 03072023 RESOLUTION NO.: 102, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 03072023 with a run date of 03/02/2023 and a payment date of 03/07/2023, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 03072023 with a run date of 03/02/2023 and a payment date of 03/07/2023 totaling $1,155,952.16, and Regular Town Board Meeting, 02-27-2023, MTG#7 165 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. Duly adopted this 6t'day of March, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None 4.0 CORRESPONDENCE • Correspondence from Helen Williams regarding filling the vacancy for Supervisor-at- Large. • Correspondence from Jon Davis for the Dorset Neighborhood received thanking Highway and Water Department for clearing snow so quickly. • Building and Codes Supervisor's Report for February 2023 5.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) STUART ALAN, Glen Lake resident-Spoke regarding the contract with Solitude Lake Management and noted his concern with water quality and Glen Lake. Noted that New York State has 7400 different lakes and about a third are in the Adirondacks but only a few dozen receive attention,funding and conservation efforts. Referred to recent Judge's decision denying the Adirondack Park Agency to apply herbicides into Lake George due to APA not adequately informing and involving the public. Thanked the Town Board for its leadership and transparency. He requested that more information be released on the herbicide and requested an informational presentation be given to the Glen Lake community to explain the exact treatment plan,what chemicals and when, how,where and why. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY(WARD IV)—NOTHING TO REPORT COUNCILMAN FERONE(WARD II1)—NOTHING TO REPORT COUNCILMAN FREER(WARD II) • Announced at the Association of Town's training, there's more water testing being billed by the State for these forever chemicals, more to follow on that. Spoke with Chris Harrington and he's aware that the State will be adding more forever chemicals to the testing. • Attended an energy storage webinar suggested by the State. Energy storage is coming to us and we'll have to work with the fire departments to prevent issues with storage. The State announced they want to double their energy storage up to six gig by 2030 which originally were talking three gigs. This is mostly down state but will eventually be up here. Our lawyers and Association of Town are looking into this further. COUNCILMAN METIVIER(WARD I)—NOTHING TO REPORT SUPERVISOR STROUGH—NOTHING TO REPORT Regular Town Board Meeting, 02-27-2023, MTG#7 166 RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 103,2022 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 its Regular Town Board Meeting. Duly adopted this 6th day of March,2023,by the following vote: AYES: Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY BETTY MURPHY, DEPUTY TOWN CLERK II