01-13-2020 MTG #3
Regular Town Board Meeting, 01-13-2020, Mtg #3 384
REGULAR TOWN BOARD MEETING MTG# 3
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JANUARY 13, 2020 RES# 45-64
7:05 P.M. BOH# 1-3
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN GEORGE FERONE
BOARD MEMBER ABSENT
COUNCILWOMAN JENNIFER SWITZER
TOWN COUNSEL
MARK SCHACHNER, ESQ.
PRESS
LOOK TV
POST STAR
SUPERVISOR STROUGH called meeting to order…
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER
1.0 BOARD OF HEALTH
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 45, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and enters into the Queensbury Board of Health.
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Duly adopted this 13 day of January, 2020 by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: Mrs. Switzer
Supervisor Strough welcomed new Town Board Member, Harrison Freer.
Councilman Freer-Thank you, it’s an honor to be here.
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF PAUL DERBY
RESOLUTION NO.: BOH 1, 2020
INTRODUCED BY: Mr. George Ferone
Regular Town Board Meeting, 01-13-2020, Mtg #3 385
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is
authorized by Queensbury Town Code Chapter 136 “Sewers and Sewage Disposal” to issue variances
from the Town’s On-Site Sewage Disposal Ordinance, and
WHEREAS, Paul Derby (Applicant) seeks to install an Onsite Wastewater Treatment System
on property located at 31 Canterbury Drive, Queensbury (Tax Map No.: 289.17-1-22), which requires
the issuance of a Septic Disposal Permit pursuant to Chapter 136, and
WHEREAS, the Applicant has applied to the Local Board of Health for variances from
Chapter 136 to allow for the following deviations from the provisions of that Chapter:
1. Dispersal System to be 38’ from the well instead of the required 100’ setback;
2. Dispersal System to be 38’ from Glen Lake instead of the required 100’ setback;
3. Dispersal System to be 5’ from the north property line instead of the required 10’
setback;
4. Clarus Fusion System to be 1’6” from the foundation instead of the required 10’
setback;
5. Pump Station to be 1’6” from the foundation instead of the required 10’ setback; and
6. PERC and deep hole tests performed outside of the required time period;
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing
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on Monday, January 27, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Paul Derby’s sewage disposal variance application concerning property
located at 31 Canterbury Drive, Queensbury (Tax Map No.: 289.17-1-22) and at that time all
interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500’ of the applicant’s property as required by law.
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Duly adopted this 13 day of January, 2020, by the following vote:
AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough
NOES : None
ABSENT: Mrs. Switzer
Regular Town Board Meeting, 01-13-2020, Mtg #3 386
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF KATHY SANDERS
RESOLUTION NO.: BOH 2, 2020
INTRODUCED BY: Mr. Anthony Metivier
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, Kathy Sanders (Applicant) has applied to the Local Board of Health for a
variance from Chapter 136 to install a leaching system 85’ from the well in lieu of the required 100’
setback on property located at 119 Birdsall Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing
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on Monday, January 27, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Kathy Sanders’ sewage disposal variance application concerning property
located at 119 Birdsall Road, Queensbury (Tax Map No.: 289.17-1-42) and at that time all interested
persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500’ of the applicant’s property as required by law.
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Duly adopted this 13 day of January, 2020, by the following vote:
AYES : Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES : None
ABSENT: Mrs. Switzer
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 3, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
Regular Town Board Meeting, 01-13-2020, Mtg #3 387
SECONDED BY: Mr. George Ferone
RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into
the Town Board of the Town of Queensbury.
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Duly adopted this 13 day of January, 2020, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: Mrs. Switzer
2.0 PUBLIC HEARINGS
2.1 PUBLIC HEARING – West Glens Falls Emergency Squad, Inc. Proposal to Purchase
Ambulance and Authorizing Incurrence of Tax-Exempt Financing/Debt for Such Purpose
NOTICE SHOWN
PUBLICATION DATE: December 6, 2019
SUPERVISOR STROUGH reviewed proposal of purchase and financing agreement.
COUNCILMAN FERONE noted as a former neighbor, that ambulance was used constantly so it
makes sense that a 2010 ambulance would have received plenty of use and needs to be replaced.
SUPERVISOR STROUGH noted that the department had close to four thousand calls in the year.
This EMS Squad would not function without the volunteers that are involved so I would like to
thank you all on behalf of the Town of Queensbury for everything you do. If anyone wants to say
anything about this, I will now open the public hearing.
No public comment.
PUBLIC HEARING CLOSED
RESOLUTION AUTHORIZING WEST GLENS FALLS EMERGENCY
SQUAD, INC.’S PROPOSAL TO PURCHASE AMBULANCE AND
AUTHORIZING INCURRENCE OF TAX-EXEMPT FINANCING/
DEBT FOR SUCH PURCHASE
RESOLUTION NO.: 46, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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
Regular Town Board Meeting, 01-13-2020, Mtg #3 388
WHEREAS, the Squad advised the Town Board that the Squad wishes to trade-in its 2010
ambulance 710 and purchase a 2019 Chevy K-3500 Chassis Ambulance with a Demers MXP-150
Conversion Box at a purchase price not to exceed $186,998, and
WHEREAS, the trade-in value of the ambulance being replaced will be $10,000, bringing
the new ambulance’s purchase price down to $176,998, 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. $ 30,000 – cash down payment from its current budget; and
2. $146,998 maximum amount of tax-exempt financing having a 72 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
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WHEREAS, on Monday, January 13, 2020, 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 2019 Chevy K-3500 Chassis Ambulance with a
Demers MXP-150 Conversion Box as set forth in the preambles of this Resolution for an amount
not to exceed $186,998, and
BE IT FURTHER,
RESOLVED, that the Town Board further approves of the Squad’s incurrence of
Regular Town Board Meeting, 01-13-2020, Mtg #3 389
approximately $146,998 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 72 month term, 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.
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Duly adopted this 13 day of January, 2020 by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mrs. Switzer
2.2 PUBLIC HEARING – Proposed Local Law No. ___ 2020 Amending Queensbury Town
Code Chapter 137
NOTICE SHOWN
PUBLICATION DATE: December 20, 2019
SUPERVISOR STROUGH reviewed proposed Town Code amendments.
COUNCILMAN FREER congratulated previous Town Board for taking the lead on this issue
regionally, this was a big first step and a well needed step and I think there will be future discussions
on where we take this next.
SUPERVISOR STROUGH opened the public hearing. Any member of the public wish to speak to
this resolution amending our Local Law, Chapter 137?
No public comment.
PUBLIC HEARING CLOSED
RESOLUTION ADOPTING LOCAL LAW NO.: 1 OF 2020
AMENDING QUEENSBURY TOWN CODE CHAPTER 137
RESOLUTION NO.: 47, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
Regular Town Board Meeting, 01-13-2020, Mtg #3 390
SECONDED BY: Mr. George Ferone
WHEREAS, by Local Law 2 of 2018, the Queensbury Town Board adopted its “Septic
Inspection Upon Property Transfer” which is set forth at Chapter 137 of the Queensbury Town
Code, and
WHEREAS, at that time, the Town Board determined that there would be no significant
adverse environmental impacts resulting therefrom, and
WHEREAS, by Local Law No. 5 of 2019, the Town Board amended Chapter 137 to add
an additional exemption in cases where property owners and/or prospective purchasers already
know or believe that the on-site wastewater treatment system (OWTS) would not pass inspection
and where the System is to be replaced within six (6) months of the property transfer at issue, and
WHEREAS, the Town Board wishes to consider additional amendments of Chapter 137 to
clarify requirements pertaining to inspection procedures, minimum septic tank capacity, holding
take components and the circumstances under which the requirements of the Chapter are
inapplicable or subject to waiver, and
WHEREAS, a public hearing on proposed Local Law No.: 1 of 2020 was duly noticed and
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on Monday, January 13, 2020 was duly conducted,
NOW, THEREFORE, BE IT
RESOLVED, that Local Law No.: 1 of 2020 constitutes a minor modification of a
previously reviewed SEQRA Action which will not result in any new, different or additional
environmental impacts which were not previously analyzed and, therefore, no additional SEQRA
Review is warranted, and
BE IT FURTHER,
RESOLVED, that Local Law No.: 1 of 2020 is hereby adopted, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Clerk and/or Town Counsel to execute any required documents and take any and all action
necessary to effectuate all terms of this Resolution.
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Duly adopted this 13 day of January, 2020, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES : None
ABSENT : Mrs. Switzer
LOCAL LAW NO.: 1 OF 2020
A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE
CHAPTER 137 “SEPTIC SYSTEMS” ARTICLE I
Regular Town Board Meeting, 01-13-2020, Mtg #3 391
“SEPTIC INSPECTION UPON PROPERTY TRANSFER”
BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS:
Section 1. Authority – This Local Law is adopted pursuant to Article 16 of the Town Law
and Article 3 of the Public Health Law
Section 2. Queensbury Town Code by replacing Section 137-4 (B)(1) is hereby replaced
with the following:
(1) Prior to any conveyance of real property in the Town of Queensbury Waterfront
Residential (WR) Zone where the property utilizes an on-site wastewater treatment
system (OWTS), the OWTS must be inspected by the Town of Queensbury
Building and Codes Enforcement Office (herein referred to as the "Building and
Codes Enforcement Office"). The inspection shall include a septic tank pump out
by a NYSDEC registered septic hauler and all seepage pits and septic drainfield
distribution boxes (D-box) accepting effluent from a septic tank must be uncovered
and opened by the property owner or their agent prior to inspection. The property
transfer inspection and pump out shall be arranged by the property owner as early
in the conveyance of real property process as possible in order to obtain an accurate
and timely assessment of the OWTS. Upon submission of a complete Application
to the Building and Codes Enforcement Officer and payment of the applicable
fee, the property owner must make arrangements to schedule the inspection with
no less than 48 hours' advance notice and shall coordinate with the septic hauler to
be on site simultaneously. The cost of the inspection, as set forth in the Town's Fee
Schedule Ordinance, shall be paid to the Town of Queensbury prior to the
inspection. Inspections must be undertaken within one year of the Application
or a renewal Application with payment of the associated fee will be required.
Section 3. Queensbury Town Code Section 137-4 (B)(5)(a) is hereby replaced with the
following:
(a) All septic tanks and holding tanks must be within 250 gallons of the
minimum volume requirement; minimum volume includes bedrooms,
rooms used for sleeping, Jacuzzi tubs and garbage grinders.
Section 4. Queensbury Town Code Section 137-4 (B)(5)(b) is hereby replaced with the
following:
(b) All holding tanks shall be equipped with a float switch with a 50% level
alarm, and a 100% high level alarm located in a conspicuous place to
indicate when pump out is necessary and a water shut-off device. A copy
of pump out records shall be submitted during the inspection prior to
conveyance of real property;
Regular Town Board Meeting, 01-13-2020, Mtg #3 392
Section 5. Queensbury Town Code Section 137-4 (C)(1) is hereby replaced with the
following:
(1) The property to be sold or transferred will not be inhabited, and the new owner
plans to demolish the existing structure and remove the OWTS within six (6)
months. In order to qualify for the exemption, a notarized affidavit must be
submitted to the Building and Codes Enforcement Office stating that the dwelling
will not be inhabited and that it will be demolished and the OWTS fully removed
within six (6) months. In addition, a check payable to the Town of Queensbury in
the amount of $2,000 must accompany the notarized affidavit. Such funds will be
held in a non-interest-bearing escrow account and will be released upon
confirmation that demolition and removal have been timely carried out. Failure
will result in forfeiture of the deposit pursuant to Section 137-4 (C)(6) unless an
appeal to the Town Board is timely made pursuant to Section 137-5, in which
case the Town Board may grant an extension.
Section 6. Severability – The invalidity of any clause, sentence, paragraph or provision
of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
Section 7. Repealer – All Local Laws or Ordinances or parts of Local Laws or Ordinances
in conflict with any part of this Local Law are hereby repealed.
Section 8. Effective Date – This Local Law shall be effective upon filing by the New
York State Department of State.
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT 3 MIN) -
NO PUBLIC COMMENT
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING BANKING TRANSACTIONS
AND INTERNET-BASED FINANCIAL
INVESTMENT SERVICES FOR YEAR 2020
RESOLUTION NO.: 48, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, New York State Town Law Paragraph 64, Subdivision 1, requires the Town
Board to annually designate its Depositories for Town Funds, and
WHEREAS, in accordance with New York State General Municipal Law §5-a and §10 and
Town Law §64, it is the duty of the governing boards of local government to adopt a system of
Regular Town Board Meeting, 01-13-2020, Mtg #3 393
internal controls for the documentation and reporting of all transfers or disbursements of funds
accomplished by electronic or wire transfer, and
WHEREAS, in accordance with prudent business and cash management practices the
Queensbury Town Board wishes to formally specify the authorities under which business may be
transacted with these Depositories, and
WHEREAS, the Town previously received agreements providing for Internet-based
banking services entitled:
1. Internet Banking and Bill Paying Service Agreement;
2. ACH Agreement;
3. Wire Transfer Agreement (Governmental); and
4. New York Cooperative Liquid Asset Securities System (NYCLASS)
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the following
actions for the year 2020:
1. The following individuals, in their official capacities, are authorized to transact the
financial and banking business of the Town of Queensbury in accordance with all
applicable laws and organization documents, and the specific authorities granted by this
Resolution:
John F. Strough, Supervisor
Barbara Tierney, Town Budget Officer
Joanne Watkins, Town Accountant
Maura C. Mellon, Senior Account Clerk
2. The following Financial Institutions have applied and consented to serve as Depositories
of Town funds and have executed a Third Party Custodian Agreement satisfactory to the
Town Budget Officer/Accountant and Town Counsel and are hereby designated as
approved Depositories: Glens Falls National Bank and Trust Company and New York
Cooperative Liquid Asset Securities System (NYCLASS)
3. The Town Supervisor, Town Budget Officer and Accountant, or any one of them, is/are
hereby authorized to initialize opening a bank account or accounts from time to time with
authorized banks and their affiliates for and in the name of the Town of Queensbury with
such title or titles as he/she may designate, and to execute depository contracts that comply
with Town Policy and operating procedures.
Regular Town Board Meeting, 01-13-2020, Mtg #3 394
To finalize any new account, all Town Board members need to execute the appropriate
documentation required by the Financial Institution, including, but not limited to, signature
cards.
4. The maximum FDIC insured amount which may be kept on deposit at each Financial
Institution at any time is $250,000. The amount over and above FDIC insurance of
$250,000 which may be kept on deposit at each bank is limited the value of approved
collateral, calculated in accordance with Regulations of the New York State Comptroller,
pledged to secure Town deposits and deposited with the designated Third Party Custodian.
5. The Town Supervisor, Town Councilperson and their successors and any other person
authorized by statute, regulation or Court Order on behalf of the these authorized persons,
is/are hereby authorized to sign, by hand or by facsimile (including, but not limited to,
electronically generated) signatures(s), checks, drafts, acceptances and other instruments.
Two signatures shall be required on any checks, drafts, acceptances and other instruments.
The signature of the Town Supervisor or a Councilperson in his absence, and that of one
Councilperson shall be required.
6. The Town Supervisor, Town Budget Officer, Town Accountant and Town Senior Account
Clerk are authorized singly, within the Town’s operational procedures, to initiate
Automated Clearing House debits without signature; initiate payment by use of Depository
Transfer Checks without a signature; or give instructions, by means other than the signing
of an item, with respect to any account transaction, including the payment transfer or
withdrawal by wire, computer or other electronic means. Any and all transactions will be
signed off by the Town Supervisor upon completion of the transaction.
7. The Town Supervisor, Town Budget Officer and Town Accountant are hereby authorized
without further action of the Town Board to execute such Financial Institutions’ regular
forms establishing procedures for call-back verifications and written confirmations in
connection with payment orders, thereby designating one or more individuals, whether or
not such individuals be designated as “Authorized Persons”, for the purpose of the
verification of payment orders and issuance of written confirmations.
8. The Town Clerk and/or Deputy Town Clerk(s) is/are hereby authorized and directed to
certify to Authorized Bank Depositories Company and New York Cooperative Liquid
Asset Securities System (NYCLASS) under the seal of the Town of Queensbury the effect
of this Resolution, the names of the officials, authorized persons and other representative
of the Town of Queensbury and any changes from time to time of these officials, authorized
persons and representatives, and specimens of their respective signatures.
and
Regular Town Board Meeting, 01-13-2020, Mtg #3 395
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that:
1. Glens Falls National Bank and Trust Company (Bank) Company and New York
Cooperative Liquid Asset Securities System (NYCLASS) are designated to provide
the computer-based financial accommodations indicated in this Resolution.
2. This Resolution shall continue to have effect until express written notice of its
rescission or modification has been received and recorded by such Financial
Institutions. Any and all prior Resolutions adopted by the Town Board and certified
to the Financial Institutions as governing the operation of the Town’s accounts are
in full force and effect until the Financial Institution receives and acknowledges an
express written notice of its revocation, modification or replacement. Any
revocation, modification or replacement of a Resolution must be accompanied by
documentation, satisfactory to the Financial Institutions, establishing the authority
for the changes.
3. The signature of an Agent named on this Resolution is conclusive evidence of his
authority to act on behalf of the Town. Any Agent, so long as he acts in a
representative capacity as Agent of the Town, is authorized to make any and all
other contracts agreements, stipulations and orders which he may deem advisable
for the effective exercise of the powers indicated above, from time to time with
such Financial Institutions, subject to any restrictions on this Resolution or
otherwise agreed to in writing.
4. All computer Financial Institution transactions, if any, by or on behalf of the Town
prior to the adoption of this Resolution are hereby ratified, approved and confirmed.
5. The Town agrees to the terms and conditions of the Cash Management Internet
Banking Services Agreement – Governmental and the ACH Agreement
Governmental Customer Agreement for Electronic Payment Services, the Wire
Transfer Agreement (Governmental) Company and the New York Cooperative
Liquid Asset Securities System (NYCLASS) Cooperative Investment Agreement
and authorizes any Agent named above to execute such Agreements and deliver
them to the Financial Institution. The Town authorizes the Financial Institutions,
at any time, to charge the Town for all checks, drafts or other orders for the payment
of money that are drawn on the Financial Institution so long as they contain the
required number of signatures for this purpose.
6. The Town acknowledges and agrees that the Financial Institution may rely on
alternative signature and verification codes to or obtained from the Agents named
Regular Town Board Meeting, 01-13-2020, Mtg #3 396
in this Resolution. The term “alternative signature and verification codes” includes,
but is not limited to, ID numbers and personal identification numbers (PIN) to be
used by the Agents to access Internet banking services. The Financial Institution
shall have no responsibility or liability for unauthorized use of alternative signature
and verification codes unless otherwise agreed to in writing.
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town of
Queensbury’s Accounting Office to adopt a system of internal controls for the documentation and
reporting of all transfers or disbursements of funds accomplished by electronic or wire transfer,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Budget Officer and/or Town Accountant to take any and all action necessary to effectuate
all terms of this Resolution.
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Duly adopted this 13 day of January, 2020, by the following vote:
AYES : Mr. Freer, Mr. Ferone, Mr. Strough
NOES : None
ABSENT: Mrs. Switzer
ABSTAIN: Mr. Metivier
RESOLUTION AUTHORIZING HIRING OF ROBERT METIVIER AS
TEMPORARY LABORER IN TOWN WATER DEPARTMENT TO
PERFORM INSPECTIONS FOR SHORE COLONY WATER DISTRICT
RESOLUTION NO.: 49, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury’s Water Superintendent has requested Town Board
authorization to hire a part time, Temporary Laborer to work for the summer for the Town’s Water
Department to perform inspections at Shore Colony to meet New York State Department of Health
requirements, and
Regular Town Board Meeting, 01-13-2020, Mtg #3 397
WHEREAS, funds for such position have been budgeted for in the 2020 Town Budget, and
WHEREAS, Town Policy requires that familial relationships must be disclosed and the
Town Board must approve the appointment of Town employees’ relatives and Robert Metivier is
the brother of Town Councilperson Anthony Metivier,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Robert Metivier as a part time, Temporary Laborer to work for the summer in the Town’s Water
Department to perform inspections at Shore Colony to meet New York State Department of Health
stst
requirements, commencing on or about May 1, 2020 and ending on or about October 31, 2020 at a
rate of $15 per hour to be paid from the appropriate payroll account, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Water Superintendent,
Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to
effectuate the terms of this Resolution.
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Duly adopted this 13 day of January, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough
NOES: None
ABSENT: Mrs. Switzer
ABSTAIN: Mr. Metivier
RESOLUTION SETTING PUBLIC HEARING ON 2020 – 2022
FIRE PROTECTION SERVICES AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE CO., INC.
RESOLUTION NO.: 50, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay
Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central
Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer
Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and
WHEREAS, the Town and the West Glens Falls Volunteer Fire Co., Inc. have negotiated
Regular Town Board Meeting, 01-13-2020, Mtg #3 398
terms for a new three (3) year Agreement for fire protection services, and
WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the
Town Board wishes to set a public hearing concerning the proposed 2020-2022 Agreement for fire
protection services,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the
proposed 2020-2022 fire protection services Agreement between the Town of Queensbury and the
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West Glens Falls Volunteer Fire Co., Inc., on Monday, January 27, 2020 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 ten (10) days prior to
the Public Hearing.
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Duly adopted this 13 day of January, 2020, by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING INCREASE FOR SERVICES PROVIDED
BY EDWARD & THOMAS O’CONNOR, INC., RELATED TO THE REPAIR
OF THE SHUT-OFF VALVE
TO ALDI’S MARKET ON QUAKER ROAD
RESOLUTION NO.: 51, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 356,2019, the Queensbury Town Board authorized
engagement of the services of Edward & Thomas O’Connor, Inc. (O’Connor) to repair a 6” shut-off
valve to Aldi’s Market located on Quaker Road for the amount of $13,000, and
WHEREAS, the Water Superintendent has advised that the underground conditions were
tougher than anticipated due to the unexpected presence of two (2) huge thrust blocks which
required overtime to remove, and O’Connor was at the site the next day to clean up and demobilize
Regular Town Board Meeting, 01-13-2020, Mtg #3 399
from the site, and
WHEREAS, O’Connor provided such extra services to the Town without applying a 15%
mark up to its labor and equipment rates, and
WHEREAS, O’Connor provided these additional services above and beyond the scope of the
previously authorized services for an additional amount of $4,747 for a total project cost of $17,747
as set forth in O’Connor’s 11/30/2019 Invoice No. 2238 presented at this meeting, and
WHEREAS, the Town Board wishes to authorize payment to O’Connor for these additional
services in the amount of $4,747,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies the additional
services provided by Edward & Thomas O’Connor, Inc. (O’Connor) to repair a 6” shut-off valve to
Aldi’s Market located on Quaker Road for the additional amount of $4,747 for a total project cost
of $17,747 as set forth in O’Connor’s 11/30/2019 Invoice No. 2238 presented at this meeting and as
set forth in this Resolution to be paid for from Misc. Contractual Account No.: 040-8340-4400,
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all
actions necessary to amend the Town Budget and effectuate the transfer of $4,747 from the Water
Department’s Undesignated Fund Balance to Misc. Contractual Account No.: 040-8340-4400 to fund
such additional work, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign
any needed documentation, and the Town Supervisor, Town Water Superintendent and/or Budget
Officer to take such other and further action as may be necessary to effectuate the terms of this
Resolution.
th
Duly adopted this 13 day of January, 2020, by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING LICENSE AGREEMENT FOR
Regular Town Board Meeting, 01-13-2020, Mtg #3 400
TEMPORARY USE OF GURNEY LANE RECREATION AREA
RESOLUTION NO.: 52, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury owns and operates a Town Park known as the
Gurney Lane Recreation Area (Park), and
WHEREAS, the Under the Woods Foundation, Inc. (Foundation) wishes to host a fat tire
and snow shoe race at the Park known as the Churney Gurney Winter Race and wishes to make
beer available to the public at the Race to be conducted in January 2020, and
WHEREAS, the Foundation and the Common Roots Brewing Company (Common Roots)
have agreed that Common Roots will provide the beer and oversee its sale to the public, and
WHEREAS, the Town Board has determined that the proposed activities are in furtherance
of a proper Town purpose and the goals of the Town’s Department of Parks and Recreation, and
WHEREAS, the parties wish to enter into a License Agreement setting forth the rights and
responsibilities of each in connection with the Race and the sale of beer at the Park, and
WHEREAS, a copy of a proposed License Agreement is presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs
the Town Supervisor to execute the License Agreement for Temporary Use of Gurney Lane
Recreation Area between the Town of Queensbury, Under the Woods Foundation, Inc., and Common
Roots Brewing Company substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Counsel, Town Budget Officer and/or Director of Parks and Recreation to take any other action
necessary to effectuate the terms of this Resolution.
th
Duly adopted this 13 day of January, 2020 by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
Regular Town Board Meeting, 01-13-2020, Mtg #3 401
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING INCREASE OF PETTY CASH
ALLOTMENT IN TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 53, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, certain Departments of the Town of Queensbury are allotted petty cash in order
to purchase necessities such as postage or supplies on a more timely basis, and
WHEREAS, the Town Highway Superintendent has requested an increase in the Highway
Department’s petty cash allotment from $200 to $500,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes an increase in the Town
Highway Department’s petty cash allotment from $200 to $500, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent
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 13 day of January, 2020, by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING PAYMENT TO THE
FUND FOR LAKE GEORGE FOR LIVE EDGE PLOW PURCHASED BY
HIGHWAY DEPARTMENT IN CONNECTION WITH THE
LAKE GEORGE WATERSHED PRIORITY ACTION PLAN
IMPLEMENTATION VILLAGE OF LAKE GEORGE GRANT #C1000532
RESOLUTION NO.: 54, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
Regular Town Board Meeting, 01-13-2020, Mtg #3 402
WHEREAS, the Village of Lake George (Village) was awarded grant funds by the New
York Department of State for a Project referred to as the Lake George Watershed Management
Priority Action Plan Implementation – Village of Lake George – Grant #C1000532 (Grant), such
Grant funds to reimburse the Village and local municipalities’ (Parties) actually paid Project costs,
with the Parties, including the Town of Queensbury, to provide for and achieve matching funds or
qualified matching services, goods or equipment, and
WHEREAS, by Resolution No.: 202, 2019, the Queensbury Town Board authorized a
Memorandum of Agreement (MOA) Relating to the Grant between the Village, Town and Parties
providing for the acceptance of Grant funds, and
WHEREAS, as part of this MOA, the Town agreed to contribute a match consisting of the
purchase of equipment in order to receive a reimbursement of Grant funds for a Live Edge Plow,
and
WHEREAS, the Town was required to provide proof that the Town purchased such
equipment, and
WHEREAS, by Resolution No.: 322, 2019, the Town Board authorized the Town Highway
Superintendent’s purchase of two (2) 2020 Ford F-350 Dump Trucks for an amount not to exceed the
total amount of $102,943.10, which purchase served as the Town’s match of equipment for Grant
reimbursement purposes, and
WHEREAS, the New York State Legislature adopted legislation allowing any political
subdivision in New York State to “piggyback” off an existing Bid and therefore in this instance, the
Town of Queensbury is “piggybacking” with Warren County Bid #WC 66-19 for the purchase of
equipment to further advance the Lake George Watershed Road Salt Reduction Program which
included the Town of Queensbury receiving a Live Edge Plow, and
WHEREAS, the Fund for Lake George was the successful bidder on the Live Edge Plow, and
WHEREAS, the Town Board wishes to authorize payment to the Fund for Lake George in
the amount of $16,455 for the Plow as set forth in the Fund for Lake George’s Invoice #: WarrenCo-
6 dated 11/21/2019 and presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes payment to the Fund for
Lake George in the amount of $16,455 for the Plow as set forth in the Fund for Lake George’s Invoice
Regular Town Board Meeting, 01-13-2020, Mtg #3 403
#: WarrenCo-6 dated 11/21/2019 and presented at this meeting to be paid from Highway Heavy
Equipment Account No.: 004-5130-2040, and
BE IT FURTHER,
RESOLVED, that by meeting this match, the Town Board further authorizes:
the acceptance of Grant funds in the amount of $16,455;
an increase in Revenues in State Aid Account No.: 004-0000-53789 in the amount
of $16,455;
an increase in appropriations in Highway Heavy Equipment Account No.: 004-
5130-2040 in the amount of $16,455,
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 and/or prepare
any documentation necessary to effectuate payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Highway Superintendent and/or Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
th
Duly adopted this 13 day of January, 2020, by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING ENGAGEMENT OF QCQA LABS FOR
SPECIAL INSPECTIONS AND TESTING SERVICES RELATED TO
HIGHWAY GARAGE CAPITAL PROJECT
RESOLUTION NO.: 55, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
Regular Town Board Meeting, 01-13-2020, Mtg #3 404
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
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 C.T.
Male accordingly prepared bid documents and specifications for the Project, and
WHEREAS, by Resolution No.: 262, 2019, the Town Board authorized engagement of The
Chazen Companies (Chazen) for professional services as Clerk of the Works for the Project, and
WHEREAS, by Resolution No.: 362, 2019, the Town Board authorized the Town’s
Purchasing Agent to advertise for bids for the Project and by Resolution No.: 414,2019, the Town
Board awarded the bids for the Project to the lowest, responsible bidders in each Contract category,
and
WHEREAS, Chazen solicited proposals for Special Inspections and Testing Services as
outlined in the Contract documents and as a result of its cost analysis of the three (3) received
proposals, has recommended that the Town Board authorize engagement of QCQA Labs for the
amount of $11,244 in accordance with QCQA Labs’ November 27, 2019 proposal as QCQA Labs
would provide the best value for the scope of services needed,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of QCQA
Labs for Special Inspections and Testing Services as delineated in this Resolution for the amount of
$11,244 in accordance with QCQA Labs’ November 27, 2019 proposal substantially in the form
presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that payment shall be
from 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 amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any
Regular Town Board Meeting, 01-13-2020, Mtg #3 405
documentation necessary to effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any needed Agreements and further documentation, and the Town Supervisor, Highway
Superintendent, Purchasing Agent and/or Budget Officer to take such other and further actions as may
be necessary to effectuate the terms of this Resolution.
th
Duly adopted this 13 day of January, 2020, by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT AREC 34,
LLC’S PETITION FOR CHANGE OF ZONE APPLICATION
TO QUEENSBURY PLANNING BOARD AND REQUESTING
PLANNING BOARD TO SEEK LEAD AGENCY STATUS
RESOLUTION NO.: 56, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, AREC 34, LLC submitted a zoning change application to the Queensbury Town
Clerk’s Office on December 20, 2019 to allow for the addition of Interior Self Storage as an allowable
use by Special Use Permit in the Commercial Light Industrial zoning district, and
WHEREAS, Apex Capital, LLC has also submitted to the Town a site plan review application
for adding new retail use, exterior storage structures and interior storage to the former Kmart property,
and
WHEREAS, the applications have been reviewed by the Town Planning Staff and deemed
complete for purposes of review, and
WHEREAS, applications for zoning changes and site plan review are subject to Warren
County Planning Department review in accordance with §239-m of NYS General Municipal Law,
and
WHEREAS, applications for zoning changes that include projects requiring site plan review
Regular Town Board Meeting, 01-13-2020, Mtg #3 406
may be forwarded to the Town Planning Board for recommendations in accordance with §179-15-
040 of the Town Zoning Ordinance, and
WHEREAS, following such recommendations, the Queensbury Town Board will review the
application and take such other action as it shall deem necessary and proper, and
WHEREAS, prior to making a decision about whether to approve the zoning change, it is
necessary to conduct a review under the New York State Environmental Quality Review Act
(SEQRA), for potential environmental effects, and
WHEREAS, the projects proposed with the zoning change application are also subject to
SEQRA review and the Planning Board has the necessary knowledge and experience to conduct any
necessary SEQRA review and evaluate the potential environmental impacts for both the proposed
zoning change and the proposed project,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk
to forward AREC 34, LLC’s application received by the Town Clerk’s Office on or about December
20, 2019 to the Queensbury Planning Board for SEQRA review, report and recommendation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby consents to the Planning Board acting as Lead
Agency for any needed SEQRA review of this project, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any
necessary documents and the Town’s Department of Community Development to notify, if and when
appropriate, any other Involved Agencies of the Town Board’s consent to the Planning Board serving
as Lead Agency for SEQRA Review of the project and the Town Supervisor, Town Clerk and/or
Department of Community Development to take any other necessary actions to effectuate the terms
of this Resolution.
th
Duly adopted this 13 day of January, 2020 by the following vote:
AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT: Mrs. Switzer
Regular Town Board Meeting, 01-13-2020, Mtg #3 407
RESOLUTION AUTHORIZING NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION “FLOATING OBJECTS OTHER
THAN AIDS TO NAVIGATION” PERMIT APPLICATION REGARDING
SPEED LIMIT BUOYS IN DUNHAM’S BAY
RESOLUTION NO.: 57, 2010
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Queensbury Town Code Chapter 55 “Boats,” Section 55-6 (E) establishes a
five (5) mph speed limit in Dunham’s Bay on Lake George, and
WHEREAS, the Dunham’s Bay Association (DBA) has advised that Dunham’s Bay has
experienced ongoing problems with boaters exceeding the five (5) mph speed limit and therefore
the DBA wishes to place three (3) additional speed limit buoys and possibly adjust the existing
speed limit buoys in Dunham’s Bay as generally delineated on the map presented at this meeting,
and
WHEREAS, the New York State Navigation Law provides that placement of any buoys in
the Bay requires a Navigation Law Floating Objects Permit (Permit) issued by the New York State
Department of Environmental Conservation, which Permit must be applied for by and permitted
to the Town, and
WHEREAS, the DBA has advised that if the Town applies for the necessary Permit, the DBA
will purchase the buoys/markers/chains/anchors, etc., and will annually install and maintain them in
the Bay, and
WHEREAS, Town Board wishes to authorize the Permit application and possible installation
of the buoys consistent with the Town Code and Navigation Law,
NOW, THEREFORE, BE IT
RESOLVED, that in accordance with the Queensbury Town Code and New York State
Navigation Law, the Queensbury Town Board hereby authorizes submission of a New York State
Department of Environmental Conservation “Floating Objects Other Than Aids to Navigation”
Permit Application (Permit) regarding the proposed placement of three (3) additional five (5) mph
speed limit buoys in Dunham’s Bay in Lake George as delineated in this Resolution, such Permit
to be substantially in the form presented at this meeting, with the possible purchase, installation and
maintenance of such buoys by the Dunham’s Bay Association, and
BE IT FURTHER,
Regular Town Board Meeting, 01-13-2020, Mtg #3 408
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute and submit the Application, along with a certified copy of this Resolution, to the New York
State Department of Environmental Conservation and accordingly advise the Dunham’s Bay
Association of this action, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or
Town Budget Officer to take any such other and further actions as may be necessary to effectuate the
terms of this Resolution.
th
Duly adopted this 13 day of January, 2020, by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mrs. Switzer
RESOLUTION TO AMEND 2019 BUDGET
RESOLUTION NO.: 58, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the following Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting practices by the
Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s
Accounting Office to take all action necessary to amend the 2019 Town Budget as follows:
Regular Town Board Meeting, 01-13-2020, Mtg #3 409
To
Code Appropriation Code Appropriation $
001-1010-4090 Training
001-1010-1010 Salaries 375
001-1990-4400 Contingency
001-1315-4451 Computer Proc 2,500
001-1990-4400 Contingency
001-4020-4135 Staff Compensation 485
001-1410-4400 Misc. Contractual
001-1410-1010 Salaries 3,500
001-1410-4453 Records Restoration 001-1410-1010 Salaries 1,500
001-1990-1010 Contingency 001-1410-1010 Salaries 4,000
001-1990-4400 Contingency 001-3410-1010 Salaries 7,000
001-1990-4400 Contingency 001-3510-4414 Community Svc. 7,000
001-1990-4400 Contingency 001-3620-1010 Salaries 31,000
001-1990-4400 Contingency 001-7020-1010 Salaries 9,000
001-7020-4400 Misc. Contractual 001-7110-1010 Salaries 3,000
001-7110-4400 Misc. Contractual 001-7110-1010 Salaries 1,200
001-7510-4400 Misc. Contractual 001-7110-1010 Salaries 2,000
001-1990-4400 Contingency 001-7110-1010 Salaries 9,000
001-8020-4090 001-8020-1010 Salaries
Training 1,900
002-8810-4070 Bldg. Repair 002-8810-1010 Salaries
7,000
002-9060-8040 Health Insurance 002-8810-1010 Salaries
16,000
002-9010-8010 NYS Retirement 002-9030-8030 Social Sec.
1,200
004-9010-8010 NYS Retirement 004-5130-4110 Vehicle Repair
8,000
004-9060-8060 Health Insurance 004-5142-4641 Snow & Ice Melt 53,000
004-9040-8040 Workers' Comp 004-5140-4009 Tree Trimming 4,400
009-8160-4110 Vehicle Repair 009-8160-1010 Salaries
5,000
020-0000-0909 Fund Balance 020-5182-4305 Street Lights
300
047-8310-4400 Misc. Contractual 040-1650-4100 Telephone 200
th
Duly adopted this 13 day of January, 2020 by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mrs. Switzer
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO. ___ OF 2020 TO EXTEND TEMPORARY MORATORIUM ON
INSTALLATION OF GROUND-MOUNTED SOLAR ENERGY SYSTEMS
RESOLUTION NO.: 59, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
___ of 2020 entitled, "A Local Law to Extend Temporary Moratorium on Installation of Ground-
Mounted Solar Energy Systems for an Additional Two (2) Months” which Law shall authorize the
extension of a temporary moratorium on the installation of ground-mounted solar energy systems
located within all Town of Queensbury Zoning Districts for an additional two (2) months, through
th
April 5, 2020 or any earlier date that the Town Board adopts regulations relating to installation of
Regular Town Board Meeting, 01-13-2020, Mtg #3 410
ground-mounted solar energy systems, whichever date comes first, and
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
th
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, January 27,
2020 to hear all interested persons and take any necessary action provided by law concerning
proposed Local Law No.: ___ of 2020, 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 2020 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, 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 §179-15-020, and directs the Community Development Department to take all actions
necessary to effect such referrals.
th
Duly adopted this 13 day of January, 2020, by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT
TH
34 ANNUAL SHAMROCK SHUFFLE ROAD RACE AND
LEPRECHAUN LEAP CHILDREN’S FUN RUN
Regular Town Board Meeting, 01-13-2020, Mtg #3 411
RESOLUTION NO.: 60, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury
th
Town Board to conduct its 34 Annual Shamrock Shuffle Road Race and Leprechaun Leap
Children’s Fun Run to benefit the Warren-Washington Counties (Area 37) Special Olympics as
follows:
SPONSOR : The Adirondack Runners Club
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EVENT : 34 Annual Shamrock Shuffle Road Race
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DATE : Sunday, March 29, 2020 commencing at 10:00 a.m.
PLACE : Beginning and ending at Glens Falls High School - course
partially within the Town of Queensbury
(Letter and maps depicting course attached);
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proper proof
th
of insurance from the Adirondack Runners Club to conduct its 34 Annual Shamrock Shuffle Road
Race and Leprechaun Leap Children’s Fun Run partially within the Town of Queensbury as set forth
in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this event subject to approval by the
Town Highway Superintendent, which may be revoked due to concern for road conditions at any time
up to the date and time of the event.
th
Duly adopted this 13 day of January, 2020, by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY
TOWARD COMBATING AQUATIC INVASIVE SPECIES IN GLEN LAKE
RESOLUTION NO.: 61, 2020
INTRODUCED BY: Mr. Anthony Metivier
Regular Town Board Meeting, 01-13-2020, Mtg #3 412
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 523 of 2019, the Warren County Board of Supervisors
authorized Agreements with certain Towns regarding funding earmarked for combating aquatic
invasive species in publicly accessible water bodies other than Lake George in Warren County for
the year 2020 including $25,000 in funding to the Town of Queensbury toward combating such
aquatic invasive species in Glen Lake, and
WHEREAS, the Town Board wishes to enter into such an Intermunicipal Agreement and
accept such funds, and
WHEREAS, such proposed Intermunicipal Agreement is presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
“Intermunicipal Agreement between Warren County and the Town of Queensbury for Combating
Aquatic Invasive Species in Glen Lake a Publicly Accessible Water Body Within the Town of
Queensbury,” substantially in the form presented at this meeting regarding $25,000 in Warren
County funding to the Town of Queensbury and authorizes and directs the Town Supervisor to
execute such Agreement, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s
Accounting Office to take all action necessary to amend the 2020 Town Budget and increase
revenue 051-0000-52189 and increase appropriation 051-8790-4400 by the $25,000, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk and/or Town Budget Officer take any further action necessary to effectuate the terms
of this Resolution.
th
Duly adopted 13 day of January, 2020, by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN
Regular Town Board Meeting, 01-13-2020, Mtg #3 413
COMPANIES FOR TECHNICAL SERVICES ASSOCIATED WITH
DEVELOPMENT OF AN ENGINEERING REPORT AND MAP, PLAN AND
REPORT RELATING TO PROPOSED ESTABLISHMENT OF NORTH
QUEENSBURY/ROCKHURST SEWER DISTRICT
RESOLUTION NO.: 62, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board is considering establishing a North
Queensbury/Rockhurst Community Sewer District (District) in accordance with Article 12-A of New
York Town Law, and
WHEREAS, by Resolution No.: 270.2019, the Town Board accepted up to $25,000 in Grant
funding from The Fund for Lake George toward establishment of the District to be used toward the
cost of engineering studies and/or preparation of a Map, Plan and Report, and
WHEREAS, the Town Board wishes to engage The Chazen Companies (Chazen) for
technical services associated with the development of an Engineering Report and Map, Plan and
Report for the proposed District for a sum not to exceed $61,620 in accordance with Chazen’s
September 27, 2019, Revised December 19, 2019, proposal submitted at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of
The Chazen Companies for technical services associated with the development of an Engineering
Report and Map, Plan and Report regarding the establishment of a North Queensbury/Rockhurst
Community Sewer District (District) for a sum not to exceed $61,620 in accordance with Chazen’s
September 27, 2019, Revised December 19, 2019, proposal substantially in the form submitted at this
meeting, and upon completion thereof to file the Map, Plan and Report in the Town Clerk’s Office,
and
BE IT FURTHER,
RESOLVED, that payment for The Chazen Companies’ services shall be paid from
Engineering Account No.: 001-1440-4720-0038 and shall be reimbursed as a cost of the
improvement to the extent designated by the Town Board if the District is established, and
BE IT FURTHER,
Regular Town Board Meeting, 01-13-2020, Mtg #3 414
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
amend the 2020 Town Budget by transferring $36,620 from Unappropriated, Undesignated Fund
Balance to Engineering Account No.: 001-1440-4720-0038, make any adjustments, budget
amendments, transfers or prepare any documentation necessary to provide for such payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Wastewater Director, Town Counsel and/or Town Budget Officer to take any other actions 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 shall not take effect until such time as provided therein,
and the Town Board authorizes and directs the Town Clerk to publish and post such notices and
take such other actions as may be required by law for Resolutions subject to permissive
referendum.
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Duly adopted this 13 day of January, 2020, by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mrs. Switzer
RESOLUTION APPROVING AUDIT OF BILLS -
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WARRANT OF JANUARY 14, 2020
RESOLUTION NO.: 63, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
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Warrant with a run date of January 9, 2020 and a payment date of January 14, 2020,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date
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of January 9, 2020 and a payment date of January 14, 2020 totaling $663,163.42, and
Regular Town Board Meeting, 01-13-2020, Mtg #3 415
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.
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Duly adopted this 13 day of January, 2020, by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mrs. Switzer
5.0 CORRESPONDENCE
TOWN CLERK BARBER-Building and Codes Supervisor’s December Monthly Report has been
received and is on file in the Town Clerk’s Office.
5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES)-
NO PUBLIC COMMENT
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN FERONE (WARD III)
Nothing to Report
COUNCILMAN FREER (WARD II)
Stated the following: It is my honor to be here and I do have a few remarks as the new guy
on the board. First, I want to thank everyone who voted for me and helped me get elected.
Second, I want to thank the Town Board and the Town staff for their warm welcome that they
provided. My first couple of weeks on the job have been fun and instructive. Two people I
want to provide a special thanks for are Dave Bogue, Jr. and my wife Tricia who gave her
blessing for me to take on this service. I’d also like to comment on how I intend to approach
this responsibility. I endeavor to be a servant leader in my role on the Town Board. For me
this philosophy is summed up in a serenity prayer, ‘God give me the patience to accept the
things I can’t change, the courage to change the things I can and the wisdom to know the
difference’. As I have already told Mr. Strough, I intend to be in the receive mode for the
immediate future, try to better understand the issues facing the Town and how I might
contribute to making things better. I have no delusions of solving world hunger or Middle
East peace, I just want to leave the wood pile a little bigger than the way I found it. And as
I’ve expressed to everyone that listened, I am of the mind that budget is important. I will ask
a lot of questions, I am diving in to understand the budget more thoroughly and will continue
to do so. I will also welcome input from citizens in our community with a special emphasis
on those folks who live in Ward two. It is truly an honor and privilege to represent you and I
look forward to your input. I actually had a meeting with two constituents this afternoon about
better crosswalks and sidewalks in some places where kids walk to school.
COUNCILMAN METIVIER (WARD I)
Nothing to Report
Regular Town Board Meeting, 01-13-2020, Mtg #3 416
SUPERVISOR STROUGH –
Reviewed the Christmas Tree Pickup schedule.
Noted the Town Board held their Organizational Meeting on January 1, 2020.
Noted that Warren County held their Organizational Meeting on January 3, 2020.
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Noted the Town Board Workshop held on January 6, 2020 and reviewed the topics discussed
by the Board.
Presented Supervisor’s Report to the Board and community.
Listed some of the forthcoming projects that are before the Town Board: locating EV
Charging Stations; progressing the Rockhurst Community Septic System; Stormwater
improvements in Rockhurst, Assembly Point and Cleverdale; Completing the CSEA
Contract; three EMS Contracts to execute; develop and improve a Stormwater Facilities
Management Program; update and upgrade employee handbook; Human Resource
arrangement; help to implement Glen Lake’s Integrated Environmental Action Plan;
move forward our salt reduction program; expand our LED street lights; continue the re-
work of our zoning and consider updating our comprehensive land use plan; reviewing
LED signage; nuisance law; short-term rental law; expanding sidewalks; new traffic
management programs along Route 9; researching a smart zone on Quaker Road;
replacing and upgrading traffic signals on Quaker Road; completing a new highway
garage and new salt barn; implementation of the 678 Grant, the Lake George
Environmental Management Action Plan; completing the Halfway Brook Trail and
Halfway Brook/Feeder Canal Connector Trail; completing a Lower Watershed
Management Plan; completing the HVAC project. Those are just some of them, maybe
half and working on the 2021 budget.
Thanked Look TV and sponsors.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 64, 2020
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.
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Duly adopted this 13 day of January, 2020, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: Mrs. Switzer
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY