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11-06-2023 MTG#35 Regular Town Board Meeting, 11-06-2023, MTG 935 316 REGULAR TOWN BOARD MEETING MTG# 35 November 6, 2023 RES. #375-395 7:00 P.M. BOH #73-79 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN BOARD MEMBER ABSENT COUNCILMAN ANTHONY METIVIER TOWN COUNSEL Mark Schachner, ESQ. PRESS Look TV, Post Star SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON ANTHONY METIVIER Public Hearing—Proposed Town Budget for 2024 Publication Date: October 21, 2023 SUPERVISOR STROUGH gave Power Point presentation of proposed 2024 Annual Town Budget. (Power Point presentation on file in the Town Clerk's office) The current Town Board encourages Town residents to participate in our Town government. We welcome and encourage factual and educated dialogue on how to improve services, develop efficiency and/or reduce the overall cost of government. The inaccurate portrayal of the Town Budget and budgeting process only serves those trying to put their own needs ahead of the Town. I will now open it to public comment. Okay, and there's a public hearing on our proposed 2024 Town Budget tonight. Is there anybody interested in speaking to our proposed budget? Yes sir, please come forward and identify yourself for the record. TRAVIS WHITEHEAD-Hello, my name is Travis Whitehead and this is probably the fifth or sixth time I've come to you talking about the budget in an educated way. We'll now enter the no-spin zone because what I heard just recently, there was a tremendous amount of spin and I'm going to clarify some of that right now. One of the things that you said that was true was that BST who's been our auditor for well over ten years now has said that their analysis was entirely accurate based on all of the numbers that were presented to them and I believe that's true. The problem is, I don't think anybody reads it besides myself because the picture that they give is quite a bit different than the picture we just heard. Oh yeah, it is correct, absolutely that you are not experiencing very much stress. In fact, as he pointed out, on a scale of zero to a hundred, no stress whatsoever. What does that mean? It means that you've got so much money sitting around that this Town no matter what might happen to it, has virtually no stress. The latest numbers that you provided to the Comptroller was that you had, well actually that came out of the audit, the most recent audit which would be as of December 3 1"2022, there was 18.9 million dollars in cash and cash equivalents, unrestricted. An additional 6.6 million dollars restricted and 5.6 million dollars that you can't tough, this is the LOSAP that was mentioned before. So well over 20 million dollars in the bank and I've got the bank statements as well that show clearly well over 20 million dollars and that does not include those investments, those LOSAP investments. It gives you a great deal of latitude, perhaps more latitude than you should have when making decisions on how to spend that money. The other thing is, you really ought to ask some people that understand budgets better. The audit every year for the last eight years and I Regular Town Board Meeting, 11-06-2023, MTG 935 317 hadn't looked back before that, but the last eight years has gone ahead and told you how you ended up as far as your unassigned, unappropriated general fund balance versus what you predicted it would be. And your predictions are always way off and they are always way off in the same direction. Now, if you go ahead and aim at a target and you're always to the right or to the left of that target, you ... adjust it. Now budgeting is just that, it's your best guess. But your aim should be down the middle. However, your aim has always been to make your life less stressful. Last year, and we just went over this a few weeks ago but as the Supervisor just mentioned, the State requires you to come up with a number that is a reasonable amount of number, reasonable amount of money to have in reserve for your general fund, unassigned, unappropriated. That is really the only number that they will limit you to. John just said, that's three months. That's 25 percent. He finally figured that out last week, didn't they? COUNCILMAN FREER-But it says minimum in our policy. Minimum, it doesn't say target. MR. WHITEHEAD-The policy, it's not COUNCILMAN FREER-You're using the wrong term. MR. WHITEHEAD-No, you're using the wrong policy because SUPERVISOR STROUGH-Let's not get into a dialogue. Mr. Whitehead, please proceed. MR. WHITEHEAD-The policy, the State Comptroller requires you to come up with a reasonable amount. That's what they ask. They don't ask for a high or a low, they ask for a reasonable amount. Many other municipalities will say no less than something, no more than something. You just say no less than something so that's like, that's not a reasonable amount. And I've had discussions with the State Comptroller's Office on this and clearly what they're looking for is a reasonable amount and clearly you do understand that that's, I'm going to go back and grab my water. So you get audited every year and every year the auditor says the same thing. Now, this audit comes in, it's like 65 pages long. Pages and pages of numbers, it would put anybody to sleep. However in the beginning there's four or five pages that's in English, you should at least be able to read that. What it says every year, and I'm reading from the most recent one, the General Fund is the main operating fund of the Town. At the end of the current fiscal year, the unreserved unappropriated fund balance of the General Fund was 7.7 million while the total fund balance for the General Fund aggregated at 13.6 million dollars. As a measure of the General Fund's liquidity, it is useful to compare both the unreserved unappropriated fund balance and total fund balance to total fund expenditures. The unreserved unappropriated fund balance represents 49 percent of the total General Fund expenditures and transfers out for 2022. That was just explained to you that that number should be 25 percent. That number should be 25 percent and it is, at latest account, 49 percent. You're nowhere near this target. In the past, previous year, it was 37 percent. Year before that, 46, 39, 47, 34, 52 and back in 2015, 53 percent. It should have been 25 percent each and every year. That is the reasonable amount that you said by your policy. Now, a school district, Mr. Freer, we can have this discussion now or we can have it later but you need, the law says that you must set a reasonable amount. That reasonable amount per your policy is three months. To say no less than three months is not setting a reasonable amount, you're not in compliance in the law. So, and I'm hopeful that the Comptroller will come in here and do an audit because they haven't done an audit as far as I can tell for decades for the Town of Queensbury. What Mr. Strough is saying about the stress is something they do for every Town every year, it's not an audit. An audit would get into things like I am talking about today and it would compare it to the audit that you're required to do each and every year but you don't pay much attention to it apparently. So you have twice the amount of money than you should despite the fact that you move at the end of the year generally and you just did a couple of weeks ago, millions of dollars out of that General Fund into another pile, that pile being the reserved for capital equipment. You moved 1.8 million dollars there a couple of weeks ago. You moved 1.5 million there in May. If you hadn't made those moves, you would have had to return that money to the taxpayers by law or pay off debt,that could be another possibility but you have virtually no debt. We have virtually no debt, which is really another issue that I may or may not get into. But to go ahead and, the other thing I'd really like to point Regular Town Board Meeting, 11-06-2023, MTG 935 318 out here, it was pointed out well if you noticed it here in Mr. Strough's discussion, what the property taxes pay for and what they don't pay for. As you know I've been making an issue of this 59 percent, this 1.3 million dollars extra that's still in the budget today. That's right, it's still in the budget today. We, until 2011, this Town never had a Town tax. Say that again, we had zero Town tax up until 2011. How can that be? I mean there is no free lunch, right? It's because, it's highly unusual for a County to give back so much sales tax which they can keep if they want. The County could keep it and most Counties do but they give back half of that every year to the Towns. So to compare our tax rate to somebody, outside of Warren County makes no sense whatsoever because they're, you know aren't getting that benefit of all of that sales tax money. To even compare them to people in the County, you'd have to be careful because not everybody has a, the same equalization rate as the next Town. Where we might be, where a house that is valued at 300,000 dollars, might also be assessed at 300,000 dollars. There are Towns, if you can believe it, Stony Creek where a 300,000 dollar house is only valued at 30,000 dollars. They can do that but then again, there's tax rate is going to be astronomical, it's going to be ten times higher obviously than if it was assessed at its true value. So, I've seen numbers thrown around here too, comparing tax rates and you'd have to go ahead and adjust that for equalization as well. But I can tell you that we had zero Town tax into 2011. The Town tax went up to about two million dollars a year for the past, you know, since then until last year. Now it's up to 3.3, 3.4 million dollars a year and you're happy to leave it at that forever. When, if you had not taken that money out of the General Fund just two weeks ago, you would had to have given that 1.3 back. You took out 1.5 and 1.8 and all you had to do is give back 1.3 of that and you didn't do it. Shame on you. The other point I would like to make is that, if you're going to go ahead and do a budget, you ought to understand what a budget is all about. When you look at this budget, you'll see that there are many sources of revenue and there's many things to pay for. I was bringing up the issue of General Fund, the 59 percent tax increase but several of you, all you can talk about is ambulances. Well as Mr. Strough pointed out, ambulances, EMS, that's not part of that. It has nothing to do with that. In fact, last year you raised that a 129 percent, 129 percent on EMS. Okay, and you never heard me complain about that. If I'm trying to make waves and noise, why didn't I speak about 129 percent? It's because also understand what's been happening to the EMS people. The State has gone ahead and required them to do a lot more training, a lot more certifications. This is not a volunteer fun thing to do anymore. This is a business. This is a, you know and they should be paid and they are being paid. So for you guys to stand up there and say I voted for the budget because I thought we should have more ambulances or EMS people I support. Well guess what, I support the EMS people as well. What I don't support is you taking the money and stashing it away. A school district is only allowed to keep four percent. Four percent in their unassigned unappropriated General Fund. And a municipality like this have to come up with a policy. That's all they have to do and they can make that four percent or 25 percent or anything in between. I've never seen anything higher than 25 percent and yet, BST, your Auditor for every year says anywhere from 53 percent down to 34 percent. You're nowhere, you at no point in time were you at 25 percent or less. John says you're going to be at 21 percent. We'll see what happens next year at this time when I come down but I'm guessing BST will say that's not 21 percent. If it is, congratulations, you've, the first time you've gone ahead and hit the target on the other side. It's not going to kill you. It means you're getting closer to doing your jobs correctly. COUNCILMAN MCNULTY-Are you talking about, are you going to talk about the budget or about the Town Board? This is a hearing on the Town Budget. MR. WHITEHEAD-The budget is put together by the Town Board. SUPERVISOR STROUGH-Alright, Mr. Whitehead are you close to completing? MR. WHITEHEAD-Well maybe I am. SUPERVISOR STROUGH-Because you know, you've got 15 in so go ahead and finish up. MR. WHITEHEAD-Well I mean if someone else would like to get up here and talk, I'd be glad to hand over the floor. You can ask if anybody else wants to come up and I'd be glad to let them Regular Town Board Meeting, 11-06-2023, MTG 935 319 come up. But you know, normally I get three minutes. Today is a special case. It's a public hearing, there's no egg timer tonight. Thank you. SUPERVISOR STROUGH-Well just a small correction, I probably could go on forever talking about your inaccuracies but it's three minutes if you want to talk about the resolutions and its four minutes if you want to talk about any other Town matter. It has now and it always has been that. MR. WHITEHEAD-Yes that's correct and three minutes and four minutes don't last very long when you're talking about issues of this complexity. SUPERVISOR STROUGH-That's one of many corrections I can make. Let's not get into a dialogue, finish up please. MR. WHITEHEAD-Budget requirement, County Law 355, Town Law 107 l(b), this is what applies to you. A budget must contain a statement for each fund of the fund balance estimated to be on hand at the close of the current fiscal year together with the breakdown of such fund balance estimated for encumbrances, amounts appropriated for the ensuing year's budget, amounts reserved for stated purpose remaining unappropriated amount not, and this is underlined and this is not my underline, this is from Thomas DiNapoli, not to exceed a reasonable amount. That's the language in the Law. Reasonable amount. You said it at 25 percent. School has to live at four percent. Auditor says that you're at 49 percent last count. Shame on you. I'll be back. Well actually, yeah, I'll be back to see if in three minutes I can talk about why you may or may not want to spend 567,000 dollars on two more trucks. Because really that might be out of line at this point in time. So, when that comes back, we'll talk about it. SUPERVISOR STROUGH-Okay thank you Mr. Whitehead. Is there anybody else that would like to speak to the proposed 2024 Town Budget? Okay, seeing none. COUNCILMAN MCNULTY-Is there anybody on zoom? COUNCILMAN FERONE-No, there's one person on there but they're not raising their hand. SUPERVISOR STROUGH-So our tax rate trend, I guess, the eleven year average is two percent. I think that's pretty good. We end up with one of the lowest tax rates of any municipality in the Capital Region. Our goals, you know as, I just want to point out the numbers that we're presenting tonight to the public are accurate. So the amount to be raised by taxes, you know is 111,000 more or one percent than last year. Costs are up so I say we're doing pretty good. You know, we're very conservative, at the same time you have the Comptroller's Office, Moody's, BST Auditors,professionals in the field who are saying and look at the Town's financial management and saying you're doing a good job. And we're doing a good job for the public. So you know misinformation is not helpful. So we talked about costs, elected officials, the districts, water districts, everything here. We talked about emergency services, the need for new trucks. We'll be talking about as Mr. Whitehead pointed out more later. Our EMS services, they are as low as they are because of our volunteers and we're very thankful for the volunteers and what they do. Are our fund balances excessive? No they aren't. Our fund balance is less than the 25 percent that is the guide mark for what you should have to set aside for cash flow. You know, you've got to keep in mind that when your bills start up in January, the revenues aren't coming in. They don't come in January. We may not get some of the revenues until March, April, May so we have to have carryover. And then you have things, you know, different services that we provide the Town have different fund balances. The Water Department has a fund balance and it's a good thing it did. We just had a huge water main break on Aviation Road and Route 9, at the, one of the biggest intersections in the Capital District, about 40,000 cars. That is going to be very expensive but we had to do it immediately. The State said you've got to work at night. You have to manage traffic. We had all of these requirements. It's going to be very expensive. It's a good thing we had a fund balance so that we could respond to that emergency situation. Here's another thing, this Town Board believes that you need to have cash on hand. Borrowing money puts a burden to pay that money. If there's an economic downturn, those monthly payments still Regular Town Board Meeting, 11-06-2023, MTG 935 320 have to be paid if you borrow money. If you're paying for things with cash and you have an economic downturn, you can better deal with that. You can lower taxes, you can lower your spending but if you borrowed all of that money, you can't lower what you borrowed. You have to pay that. We don't want to put future Town Boards in that situation. And again, why do we have zero fiscal stress and zero environmental stress because we're managing your money correctly. So, you know, 1.8 million dollars in capital expenditures. You'll hear about some of the expenditures going forward. Our, for example when we came in ten years ago, the Highway Department was in really bad shape. The average apparatus vehicle age was over 15 years. Now, you know from having your own cars, once they get 15 years, the maintenance, the breakdowns and you don't want to hear when you call my office that we can't plow your road because our snow plow trucks broke down. You don't want to hear that. You want to make sure that when it snows your road is plowed and we can only be as reliable as our equipment and repairing these big trucks, these single axles and tandem trucks is very expensive. So you want to make sure that you've got everything and it's up to snub. So we were so far beyond, this Board has worked very hard to get that Highway Department back up on its feet. We built a garage to house the snowplow trucks which were sitting outside and rusting. Now they're protected. We've made the efforts and we built that building for what, three and a half million. There's another Town, and that's for 20 snowplow trucks by the way. Another Town just paid, I think it was eight million for a building to house eight trucks. So you know, so we talked about revenues and we talked about general operations. You're going to have seven dollars and eighty cents increase for the average assessed house. The average assessed house will pay 248 dollars and 76 cents for all of those things that I have listed in this presentation. All those things will cost you 248 dollars and 76 cents. That's because we're doing things correctly. So Town wide operations, budget expenditures, it brings me back to the beginning. I just wanted to highlight some of the things. It's important that you get accurate information. Okay, plus we had two valves go bad at Glenwood and Quaker. I know Quaker was just paved but we've got two valves, we're replacing the lines on Glenwood. We have to shut the valves off, they're faulty. Now, we've got to dig into a freshly paved road to repair and replace two valves. But these stories, if you ever stop by and spend a day in my office, you'll see every day, there's a hundred items that comes through and we have to manage to make sure that your quality of life and the services that you're getting are up to what you expect. I think we've done a good job at that. Alright, I did go on. Town Board members, any thoughts on the budget that you'd like to share at this point? Alright, seeing none, it's time to look at our resolution which is adopting, I'll close the public hearing. Thank you Caroline for looking my way. PUBLIC HEARING CLOSED RESOLUTION ADOPTING ANNUAL TOWN BUDGET FOR 2024 RESOLUTION NO.: 375,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board duly conducted a public hearing on Monday, November 61h, 2023 concerning the proposed 2024 Preliminary Budget and heard all interested persons, and WHEREAS, the proposed 2024 Preliminary Budget sets forth the proposed 2024 salaries of the Town's Elected Officials as required by New York State Town Law §27, Regular Town Board Meeting, 11-06-2023, MTG 935 321 NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs that the 2024 salaries for the Town of Queensbury Elected Officials shall be as follows: TOWN SUPERVISOR 67,276. TOWN COUNCILPERSON(4) 18,000. TOWN CLERK 90,300. TOWN HIGHWAY SUPERINTENDENT 90,300. TOWN JUSTICES (2) 61,517. and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts the 2024 Preliminary Budget presented at this meeting as the Town of Queensbury Annual Budget for 2024, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to enter the Adopted Annual Budget in the minutes of the Town Board proceedings, and BE IT FURTHER, RESOLVED, that a copy of the adopted Annual Budget for 2024, including a copy of the S495 Exemption Impact Report, is attached and made part of this Resolution, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Clerk to prepare and certify duplicate copies of the Adopted Annual Budget and deliver two (2) copies to the Town Supervisor so that he may present them to the Warren County Board of Supervisors, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer to take all actions necessary to effect this Resolution. Duly adopted this 6 h day of November, 2023, by the following vote: Regular Town Board Meeting, 11-06-2023, MTG 935 322 AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: Mr. Metivier 1.0 Public Hearings 1.1 West Glens Falls Emergency Squad —Proposal to Purchase 2023 Demers Ambulance and Tax-Exempt Financing Publication Date: October 21,2023 SUPERVISOR STROUGH reviewed proposed purchase. We have a public hearing because there is a proposed tax exempt financing and it requires a public hearing under the Internal Revenue Code. I'll open the public hearing on the proposed Ambulance. Anybody like to speak to the proposal? Was this what you were waiting for? Okay, David? Alright, thank you. Again, any member of the public wish to speak to the purchasing of a 2023 Demers Ambulance to replace a 2017? Yes, sir, please come forward and identify yourself for the record. MR. WHITEHEAD-Yeah, still Travis Whitehead, it hasn't changed. I support this. I also support the idea that they are taking out a loan on this, it will be paid over time. An ambulance will last a number of years and it will paid for over that number of years and I think that's good. Unlike the Town Board which goes ahead and buys a,pays for a 40 year life building with cash from people who are now retired to Florida and get no use out of that. So yes this all makes sense and I support it. SUPERVISOR STROUGH-Thank you. Any other member of the public wish to speak to the proposal before us? Seeing none, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING WEST GLENS FALLS EMERGENCY SQUAD, INC.'S PROPOSAL TO PURCHASE A 2023 DEMERS AMBULANCE AND INCURRENCE OF TAX-EXEMPT FINANCING/DEBT FOR SUCH PURCHASE RESOLUTION NO.: 376,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, in accordance with New York State Public Health Law Article 30,the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for general emergency ambulance services within the Town,which Agreement sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has advised the Town Board that it wishes to trade-in its 2017 Demers MXP150 F-450 4x4 Ambulance 712 and purchase a 2023 Demers MXP150 F-450 4x4 Diesel Ambulance with liquid springs at a purchase price not to exceed $264,250, and Regular Town Board Meeting, 11-06-2023, MTG 935 323 WHEREAS, the trade-in value of the ambulance being replaced will be $40,000, bringing the new ambulance's purchase price down to $224,250, and WHEREAS, the Ambulance will be owned and used by the Squad to provide general emergency ambulance services to the Town and maintained at the Squad's building located at 86 Luzerne Road in the Town of Queensbury, New York, and WHEREAS,the Squad plans on paying for the proposed, new Ambulance by using: 1. $ 59,000—cash down-payment from its current budget; and 2. $ 165,250 maximum amount of tax-exempt financing having a 60 month term with the Adirondack Trust Company; and WHEREAS, Town Board approval of this proposed purchase is required by the Squad's Agreement with the Town, and the proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and WHEREAS, on Monday, November 6 h, 2023, the Town Board held a public hearing concerning the Squad's proposed purchase and tax-exempt financing as required by the Squad's Agreement with the Town and the Internal Revenue Code and heard all interested persons, and WHEREAS,the Town Board believes that this new Ambulance will provide additional safety protection for the Town and also believes it to be necessary, financially beneficial and in the public interest to consider such financing, and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Ambulance purchase and the Squad's corresponding incurrence of tax-exempt debt and financing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad, Inc.'s proposal to purchase a 2023 Demers MXP150 F-450 4x4 Diesel Ambulance with liquid springs at a purchase price not to exceed $264,250 as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Squad's incurrence of approximately $165,250 maximum amount in debt for such purchase with the understanding that the Town Board is relying upon the Squad's assurance that the Ambulance is serviceable and suitable for its long-term intended use, and approves of the tax-exempt financing with the Adirondack Trust Company for the purpose of purchasing the new Ambulance and associated equipment, with such Regular Town Board Meeting, 11-06-2023, MTG 935 324 tax-exempt financing having a tax-exempt interest rate not to exceed 6.25% fixed for 60 months, and BE IT FURTHER, RESOLVED,that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Squad nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury 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 any actions necessary to effectuate the terms of this Resolution. Duly adopted this 6 h day of November, 2023 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier 1.2 West Glens Falls Emergency Squad —Proposal to Purchase 2025 Demers Ambulance and Tax-Exempt Financing Publication Date: October 21,2023 SUPERVISOR STROUGH reviewed proposed purchase. There is a public hearing on this tonight. The Town Board believes that this additional ambulance when it comes in is necessary, will be financially beneficial to the Town and in the public's interest and so that's why we're looking at authorizing this and they have to incur tax-exempt debt. So, I'll open the public hearing. Does anybody wish to speak to the proposal of this,buying a 2025 Demers Ambulance by West Glens Falls EMS? Seeing none, I'll close the public hearing. PUBLIC HEARING CLOSED COUNCILMAN MCNULTY-John, if we can, I met with the West Glens Falls staff on this and it's a great plan,the fourth ambulance. There's some opportunities for some revenue generation in terms of support services within the community. They put a lot of time and effort into this and I appreciate their efforts. It was great sitting down and hearing how they laid out their plans,this is a great move forward. COUNCILMAN FERONE-I'll just dovetail on what Tim just said. I know from the perspective of hospitals,particularly Glens Falls Hospital,medical transportation has become aproblem. Sometimes there are folks who have to get down for services at either Albany Medical Center, even St. Peters Hospital, where there trauma centers are there and you can't get an ambulance to transport people down there. So hopefully in the future there will be an opportunity where the squads, if they do have the additional resources, can help out the hospital with those transports. RESOLUTION AUTHORIZING WEST GLENS FALLS EMERGENCY SQUAD, INC.'S PROPOSAL TO PURCHASE A 2025 DEMERS AMBULANCE AND INCURRENCE OF TAX-EXEMPT FINANCING/DEBT FOR SUCH PURCHASE Regular Town Board Meeting, 11-06-2023, MTG 935 325 RESOLUTION NO.: 377,2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, in accordance with New York State Public Health Law Article 30,the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for general emergency ambulance services within the Town,which Agreement sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has advised the Town Board that it wishes to purchase a 2025 Demers MXP150 F-450 4x4 Diesel Ambulance with liquid springs at a purchase price not to exceed $284,250, and WHEREAS, the Squad will not take possession of this Ambulance until a mid-2025 timeframe due to a long lead-time for production scheduling,thereby requiring a commitment by the Squad in 2023 to purchase the Ambulance, and WHEREAS, no upfront payment/deposit is required for such purchase commitment, and WHEREAS, the Ambulance will be owned and used by the Squad to provide general emergency ambulance services to the Town and maintained at the Squad's building located at 86 Luzerne Road in the Town of Queensbury, New York, and WHEREAS,the Squad plans on paying for the proposed, new Ambulance by using: 1. $ 74,250—cash down-payment from its current budget; and 2. $ 210,000 maximum amount of tax-exempt financing having a 60 month term with the Adirondack Trust Company; and WHEREAS, Town Board approval of this proposed purchase is required by the Squad's Agreement with the Town, and the proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and WHEREAS, on Monday, November 6 h, 2023, the Town Board held a public hearing concerning the Squad's proposed purchase and tax-exempt financing as required by the Squad's Agreement with the Town and the Internal Revenue Code and heard all interested persons, and Regular Town Board Meeting, 11-06-2023, MTG 935 326 WHEREAS,the Town Board believes that this new Ambulance will provide additional safety protection for the Town and also believes it to be necessary, financially beneficial and in the public interest to consider such financing, and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Ambulance purchase and the Squad's corresponding incurrence of tax-exempt debt and financing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad, Inc.'s proposal to purchase a 2025 Demers MXP150 F-450 4x4 Diesel Ambulance with liquid springs at a purchase price not to exceed $284,250 as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Squad's incurrence of approximately $210,000 maximum amount in debt for such purchase with the understanding that the Town Board is relying upon the Squad's assurance that the Ambulance is serviceable and suitable for its long-term intended use, and approves of the tax-exempt financing with the Adirondack Trust Company for the purpose of purchasing the new Ambulance and associated equipment, with such tax-exempt financing having a tax-exempt interest rate to be determined in 2025 for 60 months,and BE IT FURTHER, RESOLVED,that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Squad nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury 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 any actions necessary to effectuate the terms of this Resolution. Duly adopted this 6 h day of November, 2023 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Freer, Mr. Ferone NOES None ABSENT: Mr. Metivier 2.0 Queensbury Board of Health Regular Town Board Meeting, 11-06-2023, MTG 935 327 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 378, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 61h day of November, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 2.1 PUBLIC HEARING—SEWER DISPOSAL VARIANCE APPLICATION Christopher Martin Publication Date: October 21, 2023 SUPERVISOR STROUGH reviewed proposed application and four variances being requested. The applicant's agent is before us. TOM HUTCHINS-Good evening Board. Tom Hutchins, Hutchins Engineering on behalf of Christopher Martin. It's, if you've had a chance to look at the property, I don't know, I didn't get a notice about a field visit but if you've had a chance to look at it you can see that there's not a lot of available space. There's minimal available space off and the only real compliant available space is where the parking area currently is. The owners are aware of that and we've explained the holding tank option to them and they can accept that. I really didn't have a good alternative to holding tanks in this case. So that's what we're proposing. They will be traffic rated concrete tanks and there are actually two buildings, sewer coming out of two separate buildings so we've got a small pump station that I am showing is 47 feet from the lake, that's one of the variances that we're requesting in lieu of 50 and we're requesting that the minimum holding tank capacity of 4,000 be varied to two 3,000 in this case and that's a matter of space. If we go to the bigger tanks, they're two feet longer and one foot wider and we need to avoid digging within the road. We don't want to dig up your road and these just fit a whole lot better and will serve the need. And we have a couple of property line setbacks for the tanks. Three feet to the west line, that's the Town road, five feet to the south line and we then we have a force main that comes up seven feet from the south line and that's about it. If there's any questions, I'd be happy to answer them. SUPERVISOR STROUGH-Any questions for the applicant's agent? COUNCILMAN FREER-Tom, I've asked this before but nobody will give me a straight answer. But maybe you can bound what you know in terms of a lifetime for these holding tanks. MR. HUTCHINS-A lifetime for a heavy duty traffic rated concrete holding tank COUNCILMAN FREER-75 years? MR. HUTCHINS-50 anyway I would estimate, probably more. I mean I've seen 50 year old concrete tanks that aren't the heavy traffic rated tanks that are in fine shape. Some deteriorate, sometimes it's function of the soils, how much water is around there compared to being in a dry environment. Yes so 50 years anyway. Regular Town Board Meeting, 11-06-2023, MTG 935 328 COUNCILMAN FREER-Okay, thank you. MR. HUTCHINS-The electronics may not go 50 years, they may need to be serviced but the tanks themselves yes. SUPERVISOR STROUGH-Any other questions? I'll open to the public for Christopher Martin on 370, 372 Cleverdale Road asking for a variance to put in holding tanks and the other variances I described? Seeing no public interest, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING CHRISTOPHER MARTIN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 73,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, Christopher Martin (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank and a variance from§136-1 lA as the Applicant wishes to install two (2) 1,500 gallon capacity concrete septic holding tanks as a replacement septic system to service the existing four (4) bedroom residence, for a total capacity of 3,000 gallons, in lieu of the required 4,000 gallon capacity, and WHEREAS, the Applicant also applied for additional variances from Chapter 136 to allow installation of the: 1. holding tanks 3' from the west property line in lieu of the required 10' setback; 2. holding tanks 5' from the south property line in lieu of the required 10' setback; 3. pump station 47' from the Lake George Shoreline in lieu of the required 50' setback; and 4. force main 7' from the south property line in lieu of the required 10' setback; on property located at 370, 372 Cleverdale Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, November 6 h, 2023, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, Regular Town Board Meeting, 11-06-2023, MTG 935 329 NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Christopher Martin for variances from the Sewage Disposal Ordinance to allow installation of two(2) 1,500 gallon capacity concrete septic holding tanks as a replacement septic system to service the existing four(4) bedroom residence, for a total capacity of 3,000 gallons, in lieu of the required 4,000 gallon capacity and installation of the: 1. holding tanks 3' from the west property line in lieu of the required 10' setback; 2. holding tanks 5' from the south property line in lieu of the required 10' setback; 3. pump station 47' from the Lake George Shoreline in lieu of the required 50' setback; and 4. force main 7' from the south property line in lieu of the required 10' setback; on property located at 370, 372 Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 226.12-1-61, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during such period. Regular Town Board Meeting, 11-06-2023, MTG 935 330 Duly adopted this 6 h day of November, 2023, by the following vote: AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Metivier RESOLUTION GRANTING PAUL DERBY ADDITIONAL EXTENSION OF TIME TO COMPLETE INSTALLATION OF COMBINATION REPLACEMENT WASTEWATER SYSTEM ON PROPERTY LOCATED AT 25 AND 31 CANTERBURY DRIVE RESOLUTION NO.: BOH 74,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" set forth at Queensbury Town Code Chapter 137 and by Resolution Nos: 176, 2019 and 47,2020 adopted Local Laws 5 of 2019 and 1 of 2020 respectively to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided, and WHEREAS, by letter dated May 31, 2022, Paul Derby (Applicant) advised that as a result of a septic inspection of his property located at 25 Canterbury Drive (Tax Map No.: 289.17-1-20) Applicant wished to obtain an updated elevation survey of the property, develop an engineered septic system and secure the necessary variances from the Local Board of Health to complete installation of a replacement wastewater treatment system and therefore,requested additional time to complete such work and by Resolution No.: BOH 55, 2022, the Town Board authorized and granted Applicant the requested additional time or until November 20'', 2022, and WHEREAS, by letter dated October 20, 2022, Applicant requested that the Town Board grant additional time to complete such work and by Resolution No.: BOH 89, 2022, the Town Board authorized an extension through November 20'', 2023, and WHEREAS, by email dated October 20, 2023, Applicant has advised that due to the complexity of a proposed combination replacement wastewater treatment system to serve Applicant's properties located at 25 and 31 Canterbury Drive, the engineered plan only recently having been Regular Town Board Meeting, 11-06-2023, MTG 935 331 completed and the need to secure variances, Applicant has requested a six (6) month extension of time to complete installation of the system or until May 151h, 2024 and the Director of Building and Codes Enforcement has recommended approval of this request, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Paul Derby (Applicant) additional time or until May 151h, 2024 to obtain a certificate of compliance from the Town's Building and Codes Enforcement Department to complete installation of a combination replacement wastewater treatment system to serve properties located at 25 and 31 Canterbury Drive and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited until May 15'h, 2024 with the conditions that: 1) the property at 25 Canterbury Drive shall not be utilized for rental until and unless the combination replacement wastewater treatment system is installed; and 2) this approval in no way approves any of the variances that might be forthcoming for the combination replacement wastewater treatment system; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 61h day of November, 2023, 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 GIFFORD, KITTREDGE AND GEISER FAMILIES RESOLUTION NO.: BOH 75,2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION 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 Regular Town Board Meeting, 11-06-2023, MTG 935 332 WHEREAS, Sally Gifford, the Nancy K. Geiser Irrevocable Trust, Audrey Kittredge and Ashley Kittredge(Applicants)have applied to the Local Board of Health for a variance from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank system, as the Applicants wish to replace a substandard onsite septic system by installing a holding tank system consisting of two (2) holding tanks each with a 2,000 gallon capacity,thus meeting the required total capacity of 4,000 gallons, on property located at 9 Duncan Cove, Cleverdale in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, November 20'', 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury,to consider Sally Gifford,the Nancy K. Geiser Irrevocable Trust, Audrey Kittredge and Ashley Kittredge's sewage disposal variance application concerning property located at 9 Duncan Cove, Cleverdale in the Town of Queensbury (Tax Map No.: 226.16-1-4) 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. Duly adopted this 6 h day of November, 2023, 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 WENDY HOFFMAN RESOLUTION NO.: BOH 76,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION 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 Regular Town Board Meeting, 11-06-2023, MTG 935 333 WHEREAS, Wendy Hoffman (Applicant) has applied to the Local Board of Health for a variance from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank system, as the Applicant wishes to replace the existing deficient onsite wastewater system by installing a holding tank system consisting of two(2)holding tanks each with a 1,500 gallon capacity, thus meeting the required total capacity of 3,000 gallons, with placement of the holding tank system to be located 8' from the north property line in lieu of the required 10' setback on property located at 146 Lake Parkway in the Town of Queensbury, and WHEREAS, Town Code Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided, and WHEREAS, a change of deed for the Applicant's property occurred and when the required property transfer septic inspection took place, it was found that the existing wastewater system was deficient; however, the proposed new system is not able to be completed within the required six (6) month time period due to the time of year and timing of permitting, and WHEREAS, the Applicant has therefore applied for a timeline extension or until May 61h 2024 to install the system and to extend the date on which the $2,000 escrow deposit she previously deposited with the Town shall be automatically forfeited and the Town's Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, and WHEREAS, the Local Board of Health will consider this extension request at the time of the public hearing on the requested variances from Chapter 136, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, November 20'', 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Wendy Hoffman's sewage disposal variance application concerning property located at 146 Lake Parkway in the Town of Queensbury and bearing Tax Map No.: 226.15- 1-8 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. Duly adopted this 6 h day of November, 2023, by the following vote: Regular Town Board Meeting, 11-06-2023, MTG 935 334 AYES Mr. McNulty, Mr. Strough, Mr. Freer, Mr. Ferone NOES None ABSENT: Mr. Metivier RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DAVID AND THERESA RIES RESOLUTION NO.: BOH 77,2023 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, David and Theresa Ries(Applicants)have applied to the Local Board of Health for variances from Chapter 136 for installation of an on-site subsurface wastewater treatment system, specifically a mounded soil absorption system, to be located on Applicants' property located at 8 Seeyle Road North to serve both 8 Seelye Road North and 12 Seelye Road North in the Town of Queensbury, with the: 1. Groundwater table to be 6"below the ground surface in lieu of the required 3' below ground surface; 2. Fill or built-up system to be located 13' from the dwelling in lieu of the required 20' setback; NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, November 20'', 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider David and Theresa Ries' sewage disposal variance application concerning property located at 8 Seeyle Road North in the Town of Queensbury (Tax Map No.: 227.17-1-24) 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. Regular Town Board Meeting, 11-06-2023, MTG 935 335 Duly adopted this 6 h day of November, 2023, 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 GERALDINE EBERLEIN RESOLUTION NO.: BOH 78,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION 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, Geraldine Eberlein (Applicant) has applied to the Local Board of Health for variances from Chapter 136 for installation of an on-site subsurface wastewater treatment system, specifically a mounded soil absorption system,to be located on 8 Seelye Road North to serve 8 Seelye Road North and Applicant's property located at 12 Seeyle Road North in the Town of Queensbury, with the: 1. Groundwater table to be 6" below the ground surface in lieu of the required 3' below ground surface; 2. System to be placed on a neighboring property- identified as 8 Seeyle Road North in accordance with: a) drawings prepared by Studio A Landscape Architecture dated 5/9/2023;and b)an Agreement between Applicant and David K. Ries and Theresa M. Ries dated September 7, 2023; both of which documents are part of variance application; and 3. Effluent line to be located 0' from the property line in lieu of the required 10' setback; NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, November 20'', 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Geraldine Eberlein's sewage disposal variance application concerning Regular Town Board Meeting, 11-06-2023, MTG 935 336 property located at 12 Seeyle Road North in the Town of Queensbury(Tax Map No.: 227.17-1-25) 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. Duly adopted this 6 h day of November, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: Mr. Metivier RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 79,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 6 h day of November, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES) MR. WHITEHEAD-Spoke regarding Resolution 4.2, `Resolution Authorizing Purchase of Two (2) 2025 Model HX520 International Tandem 6X4 Cabs & Chassis with Plows and Spreaders for Highway Department'. 4.0 RESOLUTIONS RESOLUTION ADDING EXISTING PRIVATE DRIVEWAYS OR ACCESS DRIVES IN THE LAKE GEORGE RV PARK TO TOWN'S LIST OF PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 379,2023 Regular Town Board Meeting, 11-06-2023, MTG 935 337 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,by Resolution No. 434.95,the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add existing driveways or access drives in the Lake George RV Park to the Town's list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds the following existing private driveways or access drives in the Lake George RV Park to the Town of Queensbury's list of private driveways and roads: • East West Blvd • Welcome Way and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Highway Department and Director of Building and Codes Enforcement to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 6 h day of November, 2023, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES : None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING PURCHASE OF TWO (2) 2025 MODEL HX520 INTERNATIONAL TANDEM 6X4 CABS & CHASSIS WITH PLOWS AND SPREADERS FOR HIGHWAY DEPARTMENT RESOLUTION NO.: 380,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone Regular Town Board Meeting, 11-06-2023, MTG 935 338 WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback"off an existing County Bid, and WHEREAS,the Town of Queensbury's Highway Superintendent has requested Town Board approval to purchase two (2) 2025 International Model HX520 6x4 Tandem Cabs & Chassis with Front Plows and Wings With Spreaders from Navistar in accordance with Navistar's 10/16/2023 NYS Municipal Quote Form presented at this meeting and by the Town "piggybacking" with Onondaga County Bid 410914, for the amount of$283,648.07 each for a total cost of$567,296.14, and WHEREAS,the Town will adhere to all New York State Law bidding requirements, and WHEREAS, the Town Board wishes to authorize such purchase with withdrawals and expenditures to be from Capital Reserve No. 64 to fund this capital purchase, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Capital Reserve No. 64 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Highway Superintendent's purchase of two (2) 2025 International Model HX520 6x4 Tandem Cabs & Chassis with Front Plows and Wings With Spreaders from Navistar in accordance with Navistar's 10/16/2023 NYS Municipal Quote Form substantially in the form presented at this meeting for the amount of $283,648.07 each for a total cost of $567,296.14 by the Town "piggybacking" with Onondaga County Bid 410914,to be paid for from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawals and expenditures for such capital purchase are expenditures for which the Capital Reserve Fund No. 64 was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs establishment of appropriations and estimated revenues as follows: • 001-9901-9128-0064 Transfer to Operating Funds - $567,296.14 0 004-0000-55031 Interfund Revenues - $567,296.14 Regular Town Board Meeting, 11-06-2023, MTG 935 339 • Heavy Equipment Account No.: 004-5130-2040 - $567,296.14 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 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 such other and further actions as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 6 h day of November, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS AREA YOUTH CENTER RESOLUTION NO.: 381, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into community service agreements with certain organizations for the provision of community-based services and benefits and therefore wishes to contract with the Glens Falls Area Youth Center for the provision of such services including career counseling and dinners to economically disadvantaged youths residing in the Town and surrounding area, and Regular Town Board Meeting, 11-06-2023, MTG 935 340 WHEREAS, a proposed agreement between the Town and the Glens Falls Area Youth Center has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and the Glens Falls Area Youth Center for the year 2023 with funding for the Agreement not exceeding the sum of $12,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, to be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 6 h day of November, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier RESOLUTION REAPPOINTING TODD EICHER TO TOWN RECREATION COMMISSION RESOLUTION NO.: 382,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury previously established the Town Recreation Commission in accordance with applicable New York State law, and WHEREAS, the term of Recreation Commission member Todd Eicher will expire as of December 31", 2023 and Mr. Eicher wishes to be reappointed to the Commission, and WHEREAS,the Town Board wishes to reappoint Mr. Eicher to the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Todd Eicher to the Town of Queensbury Recreation Commission with his term to expire as of December 31", 2030. Duly adopted this 6 h day of November, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier Regular Town Board Meeting, 11-06-2023, MTG 935 341 RESOLUTION AUTHORIZING WATER METER SERVICE WORKER TO USE TOWN VEHICLE FOR TRAVEL BETWEEN TOWN JOB SITE AND PERSONAL RESIDENCE TO RESPOND TO EMERGENCY SITUATIONS RESOLUTION NO.: 383, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Town of Queensbury Employee Handbook §1008 entitled "Vehicle Usage and Travel Reimbursement" states that in situations where an employee's official duties require him/her to be on call and available at times other than the normal work day the Town Board may adopt a Resolution authorizing the Town employee to use a Town vehicle for travel between his/her official domicile and job site in order to ensure rapid response in emergency situations, and WHEREAS, the Town's Water Superintendent/Wastewater Director has advised the Town Board that as part of Water Meter Service Worker Scott River's job duties, Mr. Rivers responds to emergency water situations within the Town during evening and weekend hours, and WHEREAS,the Town Board wishes to adopt a Resolution authorizing Water Meter Service Worker Scott River to use a Town vehicle for travel between his residence and Town job site so that he may expediently respond to emergency water situations during non-business hours, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Water Meter Service Worker Scott River to use a Town vehicle between his residence and Town job site so that he may expediently respond to emergency water situations during evenings and weekends,in accordance with and as expressly set forth in the Town of Queensbury Employee Handbook §1008 entitled "Vehicle Usage and Travel Reimbursement," and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Water Superintendent/Wastewater Director and/or Town Budget Officer to take such actions necessary to effectuate the terms of this Resolution. Duly adopted this 6 h day of November, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier Regular Town Board Meeting, 11-06-2023, MTG 935 342 RESOLUTION SETTING PUBLIC HEARING ON BAY RIDGE VOLUNTEER FIRE CO., INC.'S PROPOSAL TO PURCHASE NEW 2025 ENGINE TANKER AND USE OF TAX-EXEMPT FINANCING RESOLUTION NO.: 384,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Town of Queensbury and the Bay Ridge 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,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 Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to purchase a new 2025 Engine Tanker (Tanker) for a purchase price not to exceed $1,299,000 to replace its 2004 American LaFrance Engine Tanker 324, such proposed 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,the Fire Company proposes paying for the Tanker by using a maximum amount of$1,299,000 in tax-exempt financing with the Adirondack Trust Company, and WHEREAS, proceeds from the Fire Company's sale of Engine Tanker 324 will be placed against the principal of the new,proposed Tanker and/or toward other Fire Company debt, and WHEREAS, once the new Tanker is placed into service, the Fire Company will remove Engine Tanker 324 from service and sell it after all potential warranty/service issues are resolved with the new Tanker, and WHEREAS, the Town Board wishes to set a public hearing concerning the Fire Company's proposed Tanker purchase, as Town Board approval is required by the Fire Company's Agreement with the Town, and the proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and WHEREAS, the Fire Company will own and use the Tanker to provide fire protection to the Town and will maintain the Tanker at its firehouse located at 1080 Bay Road in the Town, NOW, THEREFORE, BE IT Regular Town Board Meeting, 11-06-2023, MTG 935 343 RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning Bay Ridge Volunteer Fire Co., Inc.'s proposed Tanker purchase delineated in the preambles of this Resolution and the financing of the Tanker using tax-exempt financing, on Monday, December 4 h, 2023 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least fourteen (14) days prior to the Public Hearing. Duly adopted this 6 h day of November, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT THE ESTATE OF GEORGE SICARD'S PETITION FOR CHANGE OF ZONE TO QUEENSBURY PLANNING BOARD RESOLUTION NO.: 385, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, The Estate of George Sicard (Sicard) submitted a Petition for Change of Zone application to the Queensbury Town Clerk's Office on or about October 25, 2023 to amend Chapter 179 (Zoning) of the Code of the Town of Queensbury to add a definition of "Storage Yard" and allow storage yards by Special Use Permit approval, and WHEREAS, Sicard has also submitted applications to the Planning Board for Site Plan Review and Special Use Permit approvals to allow continuation of the storage yard at the property known as 340 & 366 Queensbury Avenue, Tax Map ID: 297-.20-1-2.1, and WHEREAS, the application has been reviewed by the Town's 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 New York State General Municipal Law §239-m, and WHEREAS, applications for zoning changes may be forwarded to the Town Planning Regular Town Board Meeting, 11-06-2023, MTG 935 344 Board for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Town Board may review the application and take such other actions 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 requests that the Planning Board seek Lead Agency status for SEQRA review of the proposed zoning changes, Site Plan Review and Special Use Permit applications submitted by Sicard 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 forward Sicard's application received by the Town Clerk's Office on or about October 25, 2023 to the Queensbury Planning Board for review, report and recommendation on the proposed zoning change, 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, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation 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. Duly adopted this 6 h day of November, 2023 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier Regular Town Board Meeting, 11-06-2023, MTG 935 345 RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OR DISPOSAL OF OBSOLETE EQUIPMENT RESOLUTION NO.: 386,2023 INTRODUCED BY: Mr. Harrison Freer 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 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),to be sold or disposed of as scrap, NOW, THEREFORE, BE IT 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 using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s),to be sold or disposed of as scrap, as follows: 2015 Jeep Compass Building &Codes 9196 2011 Cargo Van Cemetery 8957 Dell Optiplex GX620 Community Dev N/A TI Optoma Projector Community Dev N/A 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 Regular Town Board Meeting, 11-06-2023, MTG 935 346 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, 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. Duly adopted this 6 h day of November, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING 2024 FUNDING TOWARD VILLAGE OF LAKE GEORGE STUDENT CONNECTION OFFICE RESOLUTION NO.: 387,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by prior Resolution the Queensbury Town Board authorized a Memorandum of Agreement between the Town and the Village of Lake George concerning Lake George Village's creation of the Student Connection Office in Lake George Village to assist students in employment matters and appointed Town Councilperson Anthony Metivier to the Student Connection Board, and WHEREAS, the Town Board wishes to authorize $2,000 in funding toward the Student Connection Office for 2024 contingent upon approval of the 2024 JI Visa Travel and Work Program, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs funding in the amount of$2,000 toward Lake George Village's Student Connection Office to assist students in employment matters contingent upon approval of the JI Visa Travel and Work Program for 2024 and further authorizes and directs the Town Supervisor to sign any necessary documentation to effectuate payment, including a Student Connection Agreement between the Town of Queensbury Regular Town Board Meeting, 11-06-2023, MTG 935 347 and Village of Lake George Village in form acceptable to the Town Supervisor, Town Budget Officer and/or Town Counsel, if one is needed, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to arrange for payment from the Community Service Contracts Account No.: 001-8989-4414 and take any other necessary actions including Town Budget amendments and/or adjustments, and BE IT FURTHER, RESOLVED, that the Town Board further affirms its reappointment of Councilperson Anthony Metivier to the Board of the Student Connection for 2024 to serve at the direction of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Councilperson Metivier 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 61h day of November, 2023 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING PROMOTION OF RON NOLIN FROM INSTRUMENT TECHNICIAN TO SENIOR TREATMENT PLANT INSTRUMENTATION TECHNICIAN AT WATER TREATMENT PLANT RESOLUTION NO.: 388,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Water Superintendent/Wastewater Director has recommended that the Town Board authorize the promotion of Ron Nolin from Instrument Technician to Senior Treatment Plant Instrumentation Technician at the Town Water Treatment Plant on a provisional basis until such time that Mr. Nolin places successfully on the Civil Service Exam for the position, and Regular Town Board Meeting, 11-06-2023, MTG 935 348 WHEREAS,the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Ron Nolin from Instrument Technician to Senior Treatment Plant Instrumentation Technician at the Town Water Treatment Plant effective on or about November 7 h, 2023 on a provisional basis until such time that Mr. Nolin places successfully on the Civil Service Exam for the position at the rate of pay specified in the Town's CSEA Union Agreement for the position, and BE IT FURTHER, RESOLVED, that in accordance with the Town's Agreement with CSEA, such promotion shall be subject to a 90 day trial (probationary) period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water Superintendent/Wastewater Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6 h day of November, 2023 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2023/2024 AND PROVISION OF 2023 STANDARD YEAR-END SERVICES RESOLUTION NO.: 389,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Queensbury Town Board wishes to engage the services of PENFLEX, INC. Service Award Program Specialists to provide administration and support services during 2023/2024, and the 2023 standard year-end administration services for the Town of Queensbury's Volunteer Firefighter Service Award Program and the LOSAP Audit Package, as outlined in PENFLEX's Regular Town Board Meeting, 11-06-2023, MTG 935 349 Service Fee Agreement presented at this meeting, and WHEREAS,PENFLEX will provide these services for the total estimated amount of: • $13,500—Estimated Standard and Distribution Services Fees; and • $ 375 —NYS LOSAP Audit Package; for a total estimated cost of$13,875, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the engagement of PENFLEX, INC. to provide administration and support services during 2023/2024 and the 2023 standard year-end administration services for the Town of Queensbury's Volunteer Firefighter Service Award Program for a total estimated cost of $13,875, to be paid from the appropriate account as determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Service Fee Agreement with PENFLEX, INC. substantially in the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 6 h day of November, 2023 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING PURCHASE OF MOBILE LIFTS FOR TOWN HIGHWAY DEPARTMENT FROM STERTIL-KONI USA, INC. PER SOURCEWELL CONTRACT RESOLUTION NO.: 390, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury Highway Superintendent has requested approval to purchase a set of four(4) Stertil-Koni model ST-1085 mobile column lifts with accessories for the Highway Maintenance Garage from Stertil-Koni, a participating member of Sourcewell Regular Town Board Meeting, 11-06-2023, MTG 935 350 Contracting, for the total amount of $72,545.67 as set forth in Steril-Koni's Quote 41245 dated 10/25/2023 per Sourcewell Contract 4: 013020-SKI, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback"off an existing County/State Bid and therefore in this instance,the Town of Queensbury is "piggybacking"with Stertil-Koni, and WHEREAS,the Town Board wishes to authorize such purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Highway Superintendent's purchase of four (4) Stertil-Koni model ST-1085 mobile column lifts with accessories for the Highway Maintenance Garage from Stertil-Koni, a participating member of Sourcewell Contracting, for the total amount of $72,545.67 as set forth in Steril-Koni's Quote 41245 dated 10/25/2023 per Sourcewell Contract 4: 013020-SKI in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such purchase shall be by a transfer of $72,545.67 from the Highway Department's undesignated, unassigned fund balance Account No.: 004-0000-0909 to Tools Account No.: 004-5130-2060 and the Town Budget Officer shall amend the 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 Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 61h day of November, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING CLEANING AND REPAIR OF CERTAIN MONUMENTS AT SUNNYSIDE CEMETERY BY GRAVE GUARDIAN AND ACCEPTANCE OF FUNDS FROM CEMETERY COMMISSION RESOLUTION NO.: 391, 2023 Regular Town Board Meeting, 11-06-2023, MTG 935 351 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Cemetery Superintendent wishes to arrange for the cleaning and repair of certain monuments at the Sunnyside Cemetery in Queensbury (work) and sought quotes for such work, but has advised that she only received one quote from Grave Guardian, and therefore has requested that the Town Board waive the Town Purchasing Policy's self-imposed requirement for two written(2) quotes in this instance and authorize the needed work, and WHEREAS, the Town Cemetery Commission has offered to fund such work, and WHEREAS, the Town Board wishes to waive the Town Purchasing Policy's self-imposed requirement for two written(2) quotes, authorize the needed work and accept such funds, NOW, THEREFORE, BE IT RESOLVED, that for the reason outlined above and in this circumstance, the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2)written quotes for purchases over$2,500, and BE IT FURTHER, RESOLVED, that the Town Board further approves and authorizes the Cemetery Superintendent's engagement of Grave Guardian for the cleaning and repair of certain monuments at the Sunnyside Cemetery for an amount not to exceed$13,250 as set forth in Grave Guardian's Quote 41001 dated November 7, 2023 substantially in the form presented at this meeting, contingent upon Grave Guardian providing the Town with satisfactory proof of insurance prior to commencing such work, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the acceptance of payment from the Town Cemetery Commission to fund such work in the amount of$13,250, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget by: 0 Increasing Appropriation—Misc. Contractual—002-8810-4400 by $13,250; Regular Town Board Meeting, 11-06-2023, MTG 935 352 • Increasing Revenue—Misc. Revenue—002-0000-52770 by $13,250; 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,Cemetery Superintendent and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 61h day of November, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING AWARD OF BID FOR HIGHWAY STORAGE GARAGE REPAIR CAPITAL PROJECT RESOLUTION NO.: 392, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 82, 2016, the Queensbury Town Board authorized establishment of the Highway Garage Capital Project and Highway Garage Capital Project Fund 4208 and by Resolution No.: 239,2023, authorized engagement of C.T. Male Associates(C.T. Male) for engineering services relating to the Design, Bid and Construction Administration Phase Services regarding the repair and replacement work associated with vehicle impact damage to the Highway Garage Storage facility structure and overhead door elements (Project) and C.T. Male accordingly prepared bid documents and specifications for the Project, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, and WHEREAS, the Town's Purchasing Agent advertised for bids for the Project in the Town's official newspaper and following such advertisement and receipt of bids, opened the bids on October 16'h, 2023, and WHEREAS, the Purchasing Agent and C.T. Male have reviewed the bids and recommended that the Town Board award the bid for the Project to the lowest, most responsible bidder, Gallo Construction, for the amount of$211,950 as delineated in C. T. Male's October 20, 2023 letter presented at this meeting, and Regular Town Board Meeting, 11-06-2023, MTG 935 353 WHEREAS,the Town Board concurs with this bid recommendation, and WHEREAS, there may be times when Change Orders may become necessary for such Project and therefore the Town Board wishes to provide the Town Supervisor with authorization to approve and sign certain Change Orders up to a two-percent (2%) contingency ($4,239) for Change Orders that he deems necessary or appropriate, WHEREAS,the Town Board wishes to authorize a withdrawal and expenditure in the amount of$216,189 from Capital Reserve No. 64 toward this Capital Project, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Reserve 464 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the repair and replacement work associated with the vehicle impact damage to the Highway Garage Storage facility structure and overhead door elements (Project) from the lowest, responsible bidder, Gallo Construction, for the amount of$211,950 as delineated in C. T. Male's October 20, 2023 letter presented at this meeting, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes the Town Supervisor to approve and sign Change Orders pertaining to such Project up to a two-percent(2%) contingency or in the total amount not exceeding $4,239 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for this Project are expenditures for a specific capital project for which the Capital Reserve Fund 464 was established and therefore authorizes and directs the transfer of$216,189 from Capital Reserve Fund 464 to Capital Construction Account No.: 208-1620-2899, 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 increase the following appropriations and revenues as necessary: Regular Town Board Meeting, 11-06-2023, MTG 935 354 • Revenue Acct No. —208-0000-55031 (Interfund Revenue) $216,189; • Expense Acct. No. —208-1620-2899 (Capital Construction) $216,189; and • Increase Appr 001-9950-9030-0064 Transfer to Cap Project $216,189; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Notice of Award, an Agreement with Gallo Construction in form acceptable to C.T.Male, the Town Supervisor and/or Town Counsel and any other needed documentation, and the Town Supervisor,Highway Superintendent,Facilities Manager,Purchasing Agent and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 61h day of November, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier RESOLUTION TO AMEND 2023 TOWN BUDGET RESOLUTION NO.: 393,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Town of Queensbury Budget Officer has duly initiated,justified and deemed compliant the following Budget Amendment Requests with Town operating procedures and accounting practices, 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 2023 Town Budget as follows: To Code Appropriation Code Appropriation $ Regular Town Board Meeting, 11-06-2023, MTG 935 355 002-1990- Contingency 002-8810-4400 Misc. Contractual 6,000 1010 004-9060- 004-5130-4009 8060 Health Insurance Trees 10,000 040-8320- 040-8330-4271 4300 Electricity Treatment Chem 10,000 Increase Revenue 040-0000- Insurance Recovery 640 52680 Increase Appropriation 040-8310-4130 Legal Retainer 640 Duly adopted this 6 h day of November, 2023 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS: 10262023 AND 11072023 RESOLUTION NO.: 394, 2023 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: 10262023 and 11072023 with run dates of 10/25/2023 and 11/02/2023 and payment dates of 10/26/2023 and 11/07/2023 respectively, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills presented as Warrants: 10262023 and 11072023 with run dates of 10/25/2023 and 11/02/2023 and payment dates of 10/26/2023 and 11/07/2023 totaling $381,744.76 and $1,089,974.74 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. Regular Town Board Meeting, 11-06-2023, MTG 935 356 Duly adopted this 6 h day of November, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier 5.0 CORRESPONDENCE—None 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) MR. WHITEHEAD noted misleading information regarding the budget. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY(WARD IV) • Updated the Town Board on the status of 27 Indiana Avenue, the trailer and RV are gone. The new owner pulled those out and he's going to renovate the home to sell. • Referred to the ATV patrols by the Sheriff's Department on the Hudson Preserve and Division Preserve and noted that it's been very effective. They hope to expand it towards Ward 3 along the power lines. • Referred to the comment made tonight and there's nothing that this Town Board does to make our lives less stressful. The work we do, day in and day out and recognized by the Town is to help the residents have less stressful lives and I applaud our efforts what we all do. COUNCILMAN FERONE(WARD II1) • Referred to comments made earlier and noted that he's tired of being called inept by those who insist that they know better but they don't sit on this Town Board. COUNCILMAN FREER(WARD II) • Announced that the LED Solar Street lights on Veterans Road have been installed. • Referred to the culvert replacement on River Street which has turned into a six month job due to the hazardous mitigation. We did have a site visit and it should be done before the weather. • Referred to the cannabis retail action that the Town will be seeing sooner rather than later. The Town has received four or five semi proposals that the Town will have to address. Important to get input from the public. SUPERVISOR STROUGH • As the Town Supervisor and Ambassador for Queensbury, noted the recent activities and events attended. • Reviewed the Annual Fall Pick Up Schedule. • Attended the Comprehensive Land Use Plan public workshop, there was a lot of good input and the survey is still online for public input due by November 20'h. • Acknowledged the Lake George Land Conservancy for what they do for the areas around Lake George. I support and attend their meetings and personally give them funding. • Announced attending the fund raising events for the Wiawaka, the Center for Women, the Hyde Museum,the Chapman, and the Balloon Festival Gala. • Thank you letters for the Town's Support received from the following: Wiawaka, North Country Arts, Mickey Hayes, Baskets for Ben, and EDC. Regular Town Board Meeting, 11-06-2023, MTG 935 357 • Thanked Joel Barlow, Jesse Jackson, Look TV, Town Counsel Mark Schachner, Town Clerk Caroline Barber, Town Board and the public. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 395, 2023 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 its Regular Town Board Meeting. Duly adopted this 61h day of November, 2023, by the following vote: AYES: Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: Mr. Metivier RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY