07-15-2019 MTG #22
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 72
REGULAR TOWN BOARD MEETING MTG# 22
JULY 15, 2019 RES# 248-263
7:00 P.M.
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILWOMAN CATHERINE ATHERDEN
COUNCILMAN GEORGE FERONE
COUNCILWOMAN JENNIFER SWITZER
TOWN COUNSEL
ROBERT HAFNER, ESQ.
PRESS
LOOK TV
POST STAR
SUPERVISOR STROUGH called meeting to order…
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER
1.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN.)
GEORGE WINTERS- Spoke regarding Resolution 2.10 Authorizing Emergency Medical
Services (EMS) Study, Establishment of EMS Study Capital Project Fund #230 and Engagement
of CGR.
2.0 RESOLUTIONS
RESOLUTION CONSENTING TO DISCONTINUANCE
OF A PORTION OF BIG BOOM ROAD AND
AUTHORIZING SALE OF DISCONTINUED PROPERTY
RESOLUTION NO.: 248, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, The Saratoga Hospital (the “Applicant”) is the owner of the parcel of land described
as Tax Map No. 309.14-1-5 (the “Property”) which is located adjacent to land owned by the Town of
Queensbury between the Property and the portion of Big Boom Road that is paved and traveled by the
public (the “Vacant Property”), and
WHEREAS, the Vacant Property has been used unofficially by previous owners of the Property as
a portion of their parking lots for decades and has not been used by the public for travel as a roadway, and
WHEREAS, the Applicant wishes to purchase the Vacant Property for its own use in connection
with hospital facilities, and
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 73
WHEREAS, pursuant to New York Highway Law §171, the Applicant has made application to the
Town of Queensbury Superintendent of Highways to discontinue the Vacant Property as a portion of Big
Boom Road as described therein, and
WHEREAS, it appears that the portion of Big Boom Road sought to be discontinued has not been
used by through traffic for decades and has become useless, and
WHEREAS, the Applicant has agreed to pay for relocation of a Town water main from under the
Vacant Property to the right-of-way of Big Boom Road, installation of curbing and extension of the
sidewalk adjacent to the Applicant’s Property, and
WHEREAS, the requested discontinuance will not affect use of the portion of Big Boom Road that
is paved and used for travel by the public, and
WHEREAS, a release from all damages (the “Release”) has been received from the Applicant,
which is the sole owner of lands affected by the discontinuance, and the consideration for such release has
been agreed upon between the Town Highway Superintendent and the Applicant, and
WHEREAS, the Town Highway Superintendent has confirmed that the portion of Big Boom Road
sought to be discontinued is not used, maintained or needed for any Town purpose and is useless, and
WHEREAS, upon review of all documents submitted, the Town Board finds that the portion of Big
Boom Road sought to be discontinued is useless and unnecessary for Town highway purposes, and
WHEREAS, the Town Board has determined that the fair value for such vacant property is $27,800
and wishes to sell it to the Applicant to merge with their adjacent property, and
WHEREAS, the Town and the Applicant have negotiated an Agreement and the Town Board
wishes to authorize such Agreement, a copy of such Agreement presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, AS FOLLOWS:
1. The Town Board approves the consideration for the Release which has been agreed upon
between the Town Highway Superintendent and the Applicant.
2. The Town Board consents to the discontinuance of the subject portion of Big Boom Road
and the Town Board Members are authorized to execute a written Consent to the discontinuance.
3. Upon filing and recording in the Town Clerk’s Office of the Order of the Town Highway
Superintendent together with the Application, the Consent of the Town Board and the Release, the Town
Clerk is authorized and directed to cause the Release to be recorded in the Office of the Warren County
Clerk.
4. The Town Board agrees to sell the vacant property to the Applicant, The Saratoga Hospital,
on the terms detailed in such Agreement.
5. 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.
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 74
6. The Town Board authorizes and directs the Town Supervisor to execute the Agreement and
the Town Supervisor, Town Highway Superintendent, Town Clerk and/or Town Budget Officer to take such
actions as are necessary to effectuate this Resolution.
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Duly adopted this 15 day of July, 2019, by the following vote:
AYES: Mr. Metivier, Mrs. Atherden, Mrs. Switzer, Mr. Strough
NOES: None
ABSENT: None
ABSTAIN: Mr. Ferone
RESOLUTION AUTHORIZING AN EXTENSION OF UP TO FIVE DAYS
FOR PAYMENT OF REAL PROPERTY TAXES
RESOLUTION NO.: 249, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, Section 925-b of the New York Real Property Tax Law provides that a municipal
corporation may, by resolution adopted prior to the levy of such taxes, authorize an extension of no more than
five business days for the payment of taxes on real property without interest or penalty for any resident who
has received an exemption under Real Property Tax Law Section 425 Subdivision 4 and/or Section 467 (“senior
citizen exemption”) and who is sixty-five years of age or older, and
WHEREAS, the Town’s Receiver of Taxes and Assessments has recommended that the Town Board
authorize, for residents aged sixty-five or older who have a senior citizen exemption, such an extension of not
more than five business days for payments of real property taxes, as she believes that allowance of such an
extension for payment would benefit such taxpayers, and
WHEREAS, the Town Board concurs with such recommendation,
NOW, THEREFORE, BE IT
RESOLVED, that for taxes on real property levied after the date of adoption of this Resolution, the
Queensbury Town Board hereby authorizes its Receiver of Taxes and Assessments to accept payments from
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 75
Town residents, aged sixty-five or older, who have received an exemption pursuant to Subdivision four of
Section 425 or Section 467 of the New York State Real Property Tax Law of real property taxes, special ad
valorem levies and special assessments for Town, County and School tax collection not more than five business
days after the date such taxes would otherwise be due, without penalty or interest, and
BE IT FURTHER,
RESOLVED, that the Receiver of Taxes and Assessments will continue to collect such taxes, levies
and assessments in all other manners in accordance with New York State Real Property Tax Law Article 9, and
BE IT FURTHER
RESOLVED, that any such payments made or received after expiration of the five day extension
period shall then be subject to penalty and interest as otherwise provided by law as if there were no extension,
and
BE IT FURTHER
RESOLVED, that the Town Board authorizes and directs the Receiver of Taxes and Assessments to
prepare and mail a one-time informational notice concerning such extension period in all mailed tax bills, and
forward certified copies of this Resolution to the:
Commissioner of the New York State Department of Taxation and Finance;
Warren County Treasurer’s Office;
Queensbury Union Free School District;
Lake George Central School District; and
Hudson Falls Central School District (School Districts);
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Receiver of Taxes and
Assessments to take all other actions needed to effectuate the terms of this Resolution.
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Duly adopted this 15 day of July, 2019 by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 76
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING INCREASE IN BUY-IN RATE FOR TOWN
OF QUEENSBURY PROPERTIES LOCATED OUTSIDE OF CURRENT
TOWN OF QUEENSBURY SANITARY SEWER DISTRICTS
RESOLUTION NO.: 250, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, properties located outside of the Town of Queensbury’s current Sanitary Sewer
Districts wishing to connect to the Town’s Sanitary Sewer Mains, i.e., contract users, Sewer District
Extensions and/or new Districts, must pay the Town a one-time buy-in fee at the rate of $1.15 per gallon
for sewer capacity based on gallons per day average of the property(ies), and
WHEREAS, the Town of Queensbury uses such buy-in monies to purchase additional capacity to
the Glens Falls Wastewater Treatment Plant, and
WHEREAS, such Town buy-in rates have not increased since 2012, and
WHEREAS, the Town’s Wastewater Director has recommended that the Town Board authorize an
increase of such buy-in rate in order to cover the Town’s costs with the City of Glens Falls, and
WHEREAS, after due deliberation, the Town Board wishes to increase its buy-in rate to $1.32 per
gallon,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the increase in buy-in rates for
properties located outside of the Town of Queensbury’s current Sanitary Sewer Districts wishing to connect
to the Town’s Sanitary Sewer Mains, from $1.15 per gallon to $1.32 per gallon based on the properties’
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gallons per day average, such new rates to go into effect as of July 16, 2019, and
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 77
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Wastewater
Director and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this
Resolution.
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Duly adopted this 15 day of July, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING RENEWAL OF ARC GIS DESKTOP
SOFTWARE MAINTENANCE CONTRACT WITH ESRI, INC.
RESOLUTION NO.: 251, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, the Town of Queensbury’s GIS Administrator has requested Town Board approval to
renew the Town’s ArcGIS software maintenance contract(s) with ESRI, Inc., in accordance with ESRI, Inc.’s
06/16/2019 Renewal Quotation in the amount of $11,100 presented at this meeting, and
WHEREAS, New York State Bidding is not required for such contract as it is under New York State
Contract No.: PM67345/ESRI Contract No.: 305303,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the renewal of the Town’s ArcGIS
software maintenance contract with ESRI, Inc., in accordance with ESRI, Inc.’s 06/16/2019 Renewal Quotation
in substantially the form presented at this meeting for an amount not to exceed $11,100 and in accordance with
New York State Contract No.: PM67345/ESRI Contract No.: 305303, to be paid for from Software
Subscriptions Account No.: 001-1680-4335, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 78
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, GIS
Administrator, Purchasing Agent and/or Town Budget Officer to take any actions necessary to effectuate the
terms of this Resolution.
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Duly adopted this 15 day of July, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING DEDICATION OF LANDS AND
WARRANTY DEED WITH LIEN COVENANT AND
RIGHT-OF-WAY EASEMENT FROM QUEENSBURY LAND
CONSERVANCY, INC., FOR OGDEN ROAD CEMETERY
RESOLUTION NO.: 252, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, the Queensbury Land Conservancy, Inc., (QLC) is the owner of certain lands located off
Ogden Road in the Town of Queensbury having a tax map number of 315.-1-8.3 and wishes to convey title of
a cemetery parcel located in the interior of the parcel to the Town of Queensbury as well as grant a Right-of-
Way to the Town in order to access such Ogden Road Cemetery property, and
WHEREAS, the Town has exempted itself from its subdivision rules in a situation like this, and
WHEREAS, a Warranty Deed With Lien Covenant and Right-of-Way Easement is presented at this
meeting and is in form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby authorizes and accepts the dedication of the Ogden Road
Cemetery and transfer of the .02 acre parcel of land located off Ogden Road in the Town of Queensbury being
a portion of a parcel having a tax map number of 315.-1-8.3 known as the Ogden Road Cemetery property
from the Queensbury Land Conservancy, Inc., and
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 79
BE IT FURTHER,
RESOLVED, that the Town Board, pursuant to its authority assigned under the Conservation
Easement Assignment and Assumption Agreement dated November 8, 2018 and recorded in the Warren
County Clerk’s Office on June 21, 2019 at Book 5948 of Deeds at Page 33, hereby authorizes the Queensbury
Land Conservancy, Inc., to also grant a Right-of-Way Easement to the Town so that the Town can maintain
the Cemetery, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the
Warranty Deed With Lien Covenant and Right-of-Way Easement substantially in the form presented at this
meeting and any and all documents necessary to complete this transaction, including, without limitation, any
further agreements in form acceptable to Town Counsel, Real Property Transfer Report and TP-584 and the
Town Supervisor, Cemetery Superintendent, Town Budget Officer, Director of Planning, Zoning and Code
Compliance and/or Town Counsel to take such other and further action as may be necessary to effectuate the
terms of this Resolution.
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Duly adopted this 15 day of July, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF JORDAN BROWN
AS ACCOUNT CLERK IN WASTEWATER DEPARTMENT
RESOLUTION NO.: 253, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, the Town of Queensbury’s Wastewater Director has advised that there is a vacancy in
the Account Clerk position in his Department, and
WHEREAS, the Wastewater Director advertised for such position, reviewed resumes, interviewed
interested candidates from the existing Warren County Civil Service List for the position and has recommended
that the Town Board authorize his hiring of Jordan Brown, and
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 80
WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town
Board must approve the appointment of Town employees’ relatives, and Ms. Brown is the wife of Water
Meter Service Worker Heath Brown,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Wastewater Director
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to hire Jordan Brown as full-time Account Clerk in the Wastewater Department effective on or about July 16,
2019 subject to the Town successfully completing a pre-employment physical and background checks as
reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and
subject to Ms. Brown’s completion of a twenty-six (26) week probationary period, and
BE IT FURTHER,
RESOLVED, that Ms. Brown shall be paid the hourly rate of pay for the Account Clerk position as
delineated in the Town’s current Agreement with the Civil Service Employees Association, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Wastewater
Director and/or Town Budget Officer to complete any documentation and take any action necessary to
effectuate the terms of this Resolution.
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Duly adopted this 15 day of July, 2019 by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING DONATION OF SICK TIME TO AN
EMPLOYEE EMPLOYED IN TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 254, 2019
INTRODUCED BY: Mr. George Ferone
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 81
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, an employee employed in the Town of Queensbury’s Highway Department
(Employee), has been diagnosed with a serious health issue, and
WHEREAS, the Employee is expected to exhaust all paid leave available to him, including all sick
leave, and
WHEREAS, certain fellow employees have expressed the desire to donate a portion of their
accumulated sick leave time to the Employee to assist him during his illness, and
WHEREAS, the Employee is represented by the Civil Service Employees Association, Inc., Local
1000, AFSCME, AFL-CIO (CSEA), which has joined in the request that employees be permitted to donate
sick leave time to the Employee, and
WHEREAS, the Town Board wishes to allow such donation of sick leave time,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the donation of sick leave time
by Town of Queensbury CSEA bargaining unit and/or non-bargaining unit employees to assist the
Employee during his time of serious illness, and
BE IT FURTHER,
RESOLVED, that any employee of the Town of Queensbury who has more than 40 hours of
accumulated sick leave may voluntarily donate any hours above 40 hours, in two (2) hour increments, as
directed by the employee provided that the donating employee signs an acknowledgement of the donation
and recognizes that once donated the sick leave hours cannot be restored under any circumstances, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 82
RESOLVED, that the Employee may use the donated sick leave under the same terms and
conditions as earned sick leave, except that there may not be any payout of unused donated sick leave under
any circumstances, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway
Department Superintendent and/or Budget Officer to take any action necessary to effectuate the terms of
this Resolution.
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Duly adopted this 15 day of July, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING SUPPORT OF WARREN COUNTY SOIL
AND WATER CONSERVATION DISTRICT’S MS4 STORMWATER
GRANT APPLICATION REGARDING STORMWATER RUNOFF ON
WINCREST DRIVE
RESOLUTION NO.: 255, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, by Resolution No.: 191,2011, the Queensbury Town Board authorized an Agreement
between the Town and the Warren County Soil & Water Conservation District (WCSWCD) whereby the
District assumed the role of Queensbury’s Stormwater Management Officer, becoming the primary contract
for the Town on matters related to the MS4 Program, and by Resolution No.: 243,2019 the Town Board
authorized an Agreement extension/renewal through June 30, 2020, and
WHEREAS, the WCSWCD is applying for a New York State Department of Environmental
Conservation non-agricultural nonpoint source planning grant to address stormwater issues on Wincrest
Drive in the Town of Queensbury (Project), and
WHEREAS, if awarded grant funds, WCSWCD would request Town support of the Project as
Wincrest Drive is a Town-owned road, such support proposed to be the Town’s contribution of up to $1,500
in a local match to be comprised of force labor and equipment usage utilized during the planning and design
phases which may include, but not be limited to, field inventory and evaluations with Town Highway and
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 83
Planning Department staff, test pits, review and comment of draft and subsequent final designs, and
WHEREAS, the Town Board wishes to authorize its support of WCSWCD’s grant application for
the proposed Project,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes its support of the Warren County
Soil & Water Conservation District (WCSWCD)’s application for a New York State Department of
Environmental Conservation non-agricultural nonpoint source planning grant to address stormwater issues
on Wincrest Drive in the Town of Queensbury (Project), and
BE IT FURTHER,
RESOLVED, that should the project be awarded, the Town Board pledges the Town’s contribution
of up to $1,500 in local match to be comprised of force labor and equipment usage utilized during the planning
and design phases which may include, but not be limited to, field inventory and evaluations with Town
Highway and Planning Department staff, test pits, review and comment of draft and subsequent final designs,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or
WCSWCD staff to sign any necessary documents in connection with the submission, including all
applications, certifications and forms and further authorizes and directs the Town Supervisor, Town Budget
Officer, Town Highway Superintendent and WCSWCD staff to take such other and further actions as may
be necessary to effectuate the terms of this Resolution.
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Duly adopted this 15 day of July, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION TO AMEND 2019 BUDGET
RESOLUTION NO.: 256, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and
are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer,
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 84
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 2019 Town Budget as follows:
To
Code Appropriation Code Appropriation $
030-0000-0909 Fund Balance 030-8120-4400 Misc. Contractual 4,000
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Duly adopted this 15 day of July, 2019 by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING EMERGENCY MEDICAL SERVICES
(EMS) STUDY, ESTABLISHMENT OF EMS STUDY CAPITAL PROJECT
FUND #230 AND ENGAGEMENT OF CGR
RESOLUTION NO.: 257, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, the Queensbury Town Board requested proposals for professional consulting services
related to the study and analysis of the Town’s Emergency Medical Services (Project), and
WHEREAS, the Town Supervisor and Town EMS Agency representatives reviewed the received
proposals for such Project and have recommended that the Town Board authorize engagement of CGR in
accordance with CGR’s “Revised Proposal for Queensbury EMS Analysis” dated July 8, 2019 in the amount
of $59,900, and
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 85
WHEREAS, the Town Board wishes to accordingly establish a Capital Project and establish and
fund the Revenue and Expense Accounts for the Capital Project in the amount of $59,900, and
WHEREAS, the Town Board needs to authorize a transfer from Fund Balance #005-000-0909-4981
in the amount of $59,900 to Capital Project Fund #230,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the study/analysis of the Town’s
Emergency Medical Services (Project) and establishment of EMS Study Capital Project Fund #230 in the
amount of $59,900 which will establish funding for expenses associated with the Project, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the engagement of the services of CGR for an
amount not to exceed $59,900 in accordance with CGR’s “Revised Proposal for Queensbury EMS Analysis”
dated July 8, 2019 substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such Capital
Project shall be by using $59,900 of unappropriated, undesignated Fund Balance (Account No.: 005-0000-
0909) and transferring such balance to the Capital Project as follows:
005-9950-9030 Transfer to Capital Project - $59,900
230-0000-55031 Interfund Revenue - $59,900
230-3410-4400-4981 Misc. Contractual - $59,900
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to
temporarily transfer $59,900 from Fund #005 to Capital Project Fund #230, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend
2019 Fund #005 and Capital Project Fund #230 as needed, keep suitable records and arrange for the repayment
of the temporary loan as soon as available, and
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 86
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any
documentation necessary to establish such appropriations and estimated revenues, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
any needed agreement with CGR and/or necessary documentation and the Town Supervisor, Purchasing
Agent and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this
Resolution.
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Duly adopted this 15 day of July, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. ___ OF 2019 TO ESTABLISH A TEMPORARY
MORATORIUM ON INSTALLATION OF
GROUND-MOUNTED SOLAR ENERGY SYSTEMS
RESOLUTION NO.: 258, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, the Queensbury Town Board finds that it is in the public interest to prevent the
premature and inappropriate installation of any ground-mounted solar energy system that would cause
negative impacts to properties and therefore wishes to consider adoption of Local Law No.: ___ of 2019
entitled, "A Local Law to Establish a Temporary Moratorium on Installation of Ground-Mounted Solar Energy
Systems” which Law shall authorize a temporary moratorium on the installation of ground-mounted solar
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energy systems located within all Town of Queensbury Zoning Districts through February 5, 2020 or any
earlier date that the Town Board adopts updated regulations relating to installation of ground-mounted solar
energy systems, and
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 87
WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule
Law §10, and
WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local
Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury
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Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, August 5, 2019 to hear all interested
persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2019, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to
publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2019 in the manner
provided by law and send the Notice of Public Hearing to the Clerk of the Warren County Board of
Supervisors, Warren County Planning Department and Town of Queensbury Planning Board and other
communities or agencies that it is necessary to give written notice to in accordance with New York State
Town Law §264 and §265, the Town’s Zoning Regulations and the Laws of the State of New York, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby refers such proposed Local Law to the Warren County
Planning Department and the Queensbury Planning Board for their advisory recommendations in
accordance with General Municipal Law §239-m and Queensbury Town Code §179-15-040, and directs the
Community Development Department to take all actions necessary to effect such referrals.
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Duly adopted this 15 day of July, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS -
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WARRANT OF JULY 16, 2019
RESOLUTION NO.: 259, 2019
INTRODUCED BY: Mr. George Ferone
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 88
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant
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with a run date of July 11, 2019 and a payment date of July 16, 2019,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of July
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11, 2019 and a payment date of July 16, 2019 totaling $964,709.52, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town
Budget Officer to take such other and further action as may be necessary to effectuate the terms of this
Resolution.
th
Duly adopted this 15 day of July, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OF OBSOLETE EQUIPMENT
RESOLUTION NO.: 260, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
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
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 89
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, and
WHEREAS, the following is the list of surplus items provided by the various Town Departments:
Item Dept Tag#
Card File Cabinet Water W0023
Desk Water T0031
2008 Trailblazer-Fire Marshal B&C 8748
2002 Scraifier Parks 7502
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:
Item Dept Tag#
Card File Cabinet Water W0023
Desk Water T0031
2008 Trailblazer-Fire Marshal B&C 8748
2002 Scraifier Parks 7502
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, 07-15-2019, MTG #22 90
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.
th
Duly adopted this 15 day of July, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING LICENSE AGREEMENT FOR
TEMPORARY USE OF GURNEY LANE RECREATION AREA
RESOLUTION NO.: 261, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, the Town of Queensbury owns and operates a Town Park known as the Gurney Lane
Recreation Area (Park), and
WHEREAS, the Under the Woods Foundation, Inc. (Foundation) hosts an annual mountain bike
race at the Park known as the Churney Gurney Mountain Bike Race and wishes to make beer available to
the public at the Race to be conducted in August 2019, and
WHEREAS, the Foundation and the Common Roots Brewing Company (Common Roots) have
agreed that Common Roots will provide the beer and oversee its sale to the public, and
WHEREAS, the Town Board has determined that the proposed activities are in furtherance of a
proper Town purpose and the goals of the Town’s Department of Parks and Recreation, and
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 91
WHEREAS, the parties wish to enter into a License Agreement setting forth the rights and
responsibilities of each in connection with the Race and the sale of beer at the Park, and
WHEREAS, a copy of a proposed License Agreement is presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs the Town
Supervisor to execute the License Agreement for Temporary Use of Gurney Lane Recreation Area between
the Town of Queensbury, Under the Woods Foundation, Inc., and Common Roots Brewing Company
substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Counsel, Town
Budget Officer and/or Director of Parks and Recreation to take any other action necessary to effectuate the
terms of this Resolution.
th
Duly adopted this 15 day of July, 2019 by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ACCEPTANCE OF PROPOSAL
AND ENGAGEMENT OF THE CHAZEN COMPANIES FOR
PROFESSIONAL SERVICES AS CLERK OF THE WORKS FOR
NEW HIGHWAY GARAGE PROJECT
RESOLUTION NO.: 262, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, by Resolution No.: 82,2016, the Queensbury Town Board authorized establishment of
the Highway Garage Capital Project and Highway Garage Capital Project Fund #208 and the engagement
of C.T. Male Associates (C.T. Male) to evaluate the feasibility of the construction of a new Town Highway
Garage (Project), and
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 92
WHEREAS, by Resolution No.: 336,2018, the Town Board authorized further engagement of C.T.
Male for architectural services relating to the Preliminary Design Phase of the Project and by Resolution No.:
167,2019, authorized engagement of C.T. Male for architectural and engineering services relating to the
Design, Bid and Construction Administration Phase of the Project, and
WHEREAS, C.T. Male requested proposals for professional services (Services) for engagement of a
“Clerk of the Works” for the Project, and
WHEREAS, the Purchasing Agent and C. T. Male have reviewed the received proposals and the Town
Board wishes to authorize engagement of The Chazen Companies (Chazen) as Chazen submitted the lowest
proposal for such Services as set forth in Chazen’s July 3, 2019 Proposal No. PM19-111 for an amount not
to exceed $99,500,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts the proposal and authorizes and directs
engagement of The Chazen Companies (Chazen) for professional services (Services) as Clerk of the Works
for the new Town Highway Garage Project (Project) for an amount not to exceed $99,500 as delineated in
Chazen’s Proposal No. PM19-111 dated July 3, 2019 presented at this meeting, to be paid for from Capital
Construction Account No.: 208-1620-2899, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the
proposal and/or any needed agreement between the Town and Chazen and/or documentation, and the Town
Supervisor, Facilities Manager, Town Highway Superintendent, Purchasing Agent and/or Town Budget
Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution.
th
Duly adopted this 15 day of July, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
3.0 CORRESPONDENCE- NONE
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 93
4.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES)
GEORGE WINTERS-
Spoke to the Board regarding the traffic light on Aviation Road next to the school.
Questioned how it works during the summer months when school is not in session.
Asked when the speed signs will be placed throughout the Town? Supervisor Strough
explained Highway Superintendent, Dave Duell will start installing those when he gets
back from vacation next week.
5.0 TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER (WARD I)-
Spoke at a previous meeting regarding cars being entered illegally. At that time, had
warned people to lock their doors. Now the thieves are breaking windows to get inside.
Asked everyone to make sure they do not leave valuables such as purses and computers
in vehicles.
Spoke regarding the structure fire on Homer Avenue. Thanked the firefighters for their
hard work and efforts.
COUNCILWOMAN ATHERDEN (WARD II)- Spoke concerning recent code changes with
regards to storm water reduction. Wanted to point out that these changes were made as a result of
concerned citizens approaching the Board. Grass roots can really have an impact on the
community. It’s important that folks come forward if they have an issue.
COUNCILMAN FERONE (WARD III)- NOTHING TO REPORT
COUNCILWOMAN SWITZER (WARD IV)- The Family Services Association of Glens Falls
has a Feet First Program. Every year they provide new shoes for children in need (must be
enrolled in school to qualify). For more information and to register a child, please contact The
Family Services Association at (518) 793-0797.
SUPERVISOR STROUGH-
The Fund for Lake George recently presented the Town with the Irving Langmuir Award in
recognition of the Town’s dedication to protecting Lake George through adoption of low impact
development practices, including substantial stream corridor and shoreline buffer requirements.
The Fund for Lake George will be presenting the Town with $25,000 for the establishment of the
Rockhurst Community Septic System. Thanked the Fund for Lake George, especially Eric Siy,
Chris Navitsky and the Board.
Spoke regarding publication he received recently, “Adirondack Park in Rural America”.
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On Wednesday, July 10 attended the Warren County Water Quality Strategy Committee
Meeting.
Shared a letter to the Highway Superintendent, Dave Duell from the Board of Elections thanking
them for their help with delivering and retrieving the voting machines during the 2019 Primary
Election.
Spoke regarding recent article in the Post Star regarding the Fund for Lake recognizing the
Town’s environmental efforts.
Recently attended a meeting in the Broadacres area with Councilwoman Atherden regarding
establishing sidewalks.
Made a site visit to Golden Goals in the Town of Fort Ann. Very impressed with the magnitude
of this site. They are looking for occupancy tax money.
Made another site visit with Highway Superintendent, Dave Duell to assess some washout at the
Dobrowski property on 8 Trails End.
Received a call from Mayor Hall regarding EPA assessing landfill on Luzerne Road. Mayor Hall
would like to work with the Town to develop a solar program for both Luzerne and Ridge Road
landfills.
Thanked Look TV and our sponsors for televising these meetings.
All LED lights have been installed on Main Street and Route 9 (Million Dollar Mile). Per Rise
Engineering, Board Members should go out and visit these locations to see if they are happy with
REGULAR TOWN BOARD MEETING, 07-15-2019, MTG #22 94
the product, and if they are all working like they should. Asked them to please report back with
findings.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 263, 2019
INTRODUCED BY: Mrs. Jennifer Switzer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
TH
Duly adopted this 15 day of July 2019, by the following vote:
AYES: Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden
NOES: None
ABSENT: None
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY
MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I