03-09-2020 MTG #9
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 488
REGULAR TOWN BOARD MEETING MTG #9
MARCH 9, 2020 RES #102-122
7:00 P.M. BOH #20-21
LL #3-4
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN GEORGE FERONE
BOARD MEMBERS ABSENT
COUNCILWOMAN JENNIFER SWITZER
TOWN COUNSEL
ROBERT HAFNER, ESQ.
TOWN OFFICIALS
JOAN ALDOUS, TOWN HISTORIAN
PRESS
LOOK TV
POST STAR
SUPERVISOR STROUGH called meeting to order…
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER
1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF
HEALTH
RESOLUTION NO.: 102, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
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 9 day of March 2020 by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough
NOES: None
ABSENT: Mrs. Switzer
PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE APPLICATION OF BRIAN
HAYWARD
NOTICE SHOWN
PUBLICATION DATE: FEBRUARY 28, 2020
SUPERVISOR STROUGH- Tom Center is here from Hutchins Engineering and representing the
applicant, Brian Hayward who lives on 5 Palmer Drive. He is seeking two variances. They wish
to install a new well. This well would be from the new septic system 65 feet from a seepage pit
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 489
on the parcel to the north in lieu of the required 100 foot setback; and 96 feet from the seepage
pit on the parcel to the south in lieu of the required 150 foot setback. I understand that the
applicant has already agreed to install an ultraviolet light water disinfection system.
TOM CENTER, ENGINEER- That is correct.
SUPERVISOR STROUGH- Okay. We did do a site visit today, George and I, after we walked
the proposed Halfway Brook Trail. We got a familiarity with the site. It’s a beautiful location. Is
there anything you would like to elaborate on?
MR. CENTER- No, it’s pretty straight forward. Mr. Hayward and his wife purchased this camp.
They are looking to install a new septic system. The existing one is in the front. We are going to
abandon that in place and install this new well and install a compliant wastewater system to the
rear of the parcel, which will be the required 100 feet from all the neighboring wells and his own
well. It’s a tight neighborhood as you saw so we’re looking for relief to place that well on his
parcel on the other side of the road and installing the water treatment…
SUPERVISOR STROUGH- Alright, and introduce yourself for the sake…
MR. CENTER- Tom Center with Hutchins Engineering.
SUPERVISOR STROUGH- Okay, I did but you need to too. Alright, any Town Board questions
of the applicant before I open the public hearing?
COUNCILMAN FERONE- We had some questions about trees in the back. So it looks like
where the two tanks are going is a pretty large tree.
MR. CENTER- The trees will be removed. There is some forwarding thinking to request an area
variance for a new camp and redesign the existing one. So there will be some removal of trees …
COUNCILMAN FERONE- And by the leach field, as well?
MR. CENTER- Yes.
COUNCILMAN FERONE- Okay, thank you.
SUPERVISOR STROUGH- Anything else? Alright, any member of the public wish to speak to
this variance application before the Board of Health tonight? Alright, I will close the public
hearing. Any other final thoughts before we go to motion?
COUNCILMAN FERONE- No.
SUPERVISOR STROUGH- None. Alright, how about a motion to approve Brian Hayward’s
application for sanitary sewage disposal variance; and we understand Town Counsel that we are
going to put one amendment to it.
TOWN COUNSEL, ROBERT HAFNER- Just one clause is what we suggested. At the last
Resolved after the word “Resolved”, contingent upon the installation of an ultraviolet light water
disinfection system.
SUPERVISOR STROUGH- And is that acceptable to the Board?
COUNCILMAN FERONE- Yes.
COUNCILMAN METIVIER- Yes.
COUNCILMAN FREER- Yes.
SUPERVISOR STROUGH- Okay, motion to approve as amended.
RESOLUTION APPROVING BRIAN HAYWARD’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 490
RESOLUTION NO.: BOH 20, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Brian Hayward (Applicant) filed an application for variances from the Town of
Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new drilled well:
1. 65’ from a seepage pit on the parcel to the north in lieu of the required 150’ setback;
and
2. 96’ from a seepage pit on the parcel to the south in lieu of the required 150’ setback;
on property located at 5 Palmer Drive in the Town of Queensbury, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health duly conducted a public hearing concerning the
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variance requests on Monday, March 9, 2020, and
WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that
1. due to the nature of the variances, the Local Board of Health determines that the
variances would not be materially detrimental to the purposes and objectives of this
Ordinance or other adjoining properties nor otherwise conflict with the purpose and
objectives of any Town plan or policy; and
2. the Local Board of Health finds that the granting of the variances are necessary for the
reasonable use of the land and are the minimum variances which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
Applicant; and
BE IT FURTHER,
RESOLVED, contingent upon the installation of an ultraviolet light water disinfection system,
that the Local Board of Health hereby approves the application of Brian Hayward for variances from
the Sewage Disposal Ordinance to install a new drilled well:
1. 65’ from a seepage pit on the parcel to the north in lieu of the required 150’ setback;
and
2. 96’ from a seepage pit on the parcel to the south in lieu of the required 150’ setback;
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 491
on property located at 5 Palmer Drive in the Town of Queensbury and bearing Tax Map No: 316.17-
1-4.
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Duly adopted this 9 day of March, 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 21, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
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.
Duly adopted this 9th day of March 2020, by the following vote:
AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT: Mrs. Switzer
2.0 PUBLIC HEARINGS
PUBLIC HEARING- LOCAL LAW NO.: 3 OF 2020 TO AMEND TOWN CODE
CHAPTER 136 ENTITLED “SEWERS AND SEWAGE DISPOSAL” APPENDIX F
NOTICE SHOWN
PUBLICATION DATE: FEBRUARY 28, 2020
SUPERVISOR STROUGH- Reviewed for the public the proposed Local Law. Opened public
hearing.
NO PUBLIC COMMENT- PUBLIC HEARING CLOSED
RESOLUTION ADOPTING LOCAL LAW NO.: 3 OF 2020
TO AMEND TOWN CODE CHAPTER 136 ENTITLED
“SEWERS AND SEWAGE DISPOSAL” APPENDIX F
RESOLUTION NO.: 103, 2020
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 492
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
3 of 2020 to amend Queensbury Town Code Chapter 136 “Sewers and Sewage Disposal,”
Appendix F thereof, subparagraph “High Groundwater Determination,” to authorize the Town’s
Director of Building and Codes Enforcement, rather than the Local Board of Health, to approve
qualified persons to make determinations concerning seasonal high groundwater evaluations
during months other than March, April, May or June, and
WHEREAS, this legislation is authorized in accordance with New York State Municipal
Home Rule Law §10, and
WHEREAS, New York State Municipal Home Rule Law §20 requires the Town Board to
hold a public hearing prior to the adoption of any Local Law, and the Town Board duly held a public
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hearing concerning such proposed Local Law on Monday, March 9, 2020 and heard all interested
persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: 3 of 2020 to
amend Queensbury Town Code Chapter 136 “Sewers and Sewage Disposal,” Appendix F thereof,
subparagraph “High Groundwater Determination,” as presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to file the Local Law with the New York State Secretary of State in accordance with the provisions
of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately
upon filing with the Secretary of State, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Building and Codes Enforcement, Town Counsel and/or Town Clerk to take such other
and further actions as may be necessary to effectuate the terms of this Resolution.
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 493
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Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: Mrs. Switzer
LOCAL LAW NO.: 3 OF 2020
A LOCAL LAW TO AMEND CHAPTER 136 OF QUEENSBURY TOWN CODE
“SEWERS AND SEWAGE DISPOSAL” APPENDIX F CONCERNING
“HIGH GROUNDWATER DETERMINATION”
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS:
SECTION 1. Queensbury Town Code Chapter 136 "Sewers and Sewage Disposal" is
hereby amended at Appendix F, subsection “High Groundwater Determination,” as follows:
Appendix F
High Groundwater Determination
A. Subsurface conditions shall be determined by digging a hole five feet deeper than
the anticipated depth of the proposed leaching facility.
B. The determination of the seasonal high groundwater level shall be made during the
months of March, April, May or June, within six weeks of the time that the frost
leaves the ground; such determination may be made by monitoring the water level
in the open soil test pit, as described above, for a period of not less than 24 hours
and recording the highest level observed. If such determination is made at other
than such times, the seasonal high groundwater shall be evaluated and certified by
a qualified person approved by the local Board of Health Director of Building and
Codes Enforcement.
SECTION 2. 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 3. 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 4. This Local Law shall take effect immediately upon filing in the Office of the
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 494
New York Secretary of State.
PUBLIC HEARING- LOCAL LAW NO.: 4 OF 2020 AUTHORIZING AWARD OF
CONTRACTS ON BASIS OF BEST VALUE
NOTICE SHOWN
PUBLICATION DATE: FEBRUARY 28, 2020
SUPERVISOR STROUGH- Reviewed for the public the proposed Local Law. Opened public
hearing.
NO PUBLIC COMMENT-PUBLIC HEARING CLOSED
AUTHORIZING THE AWARD OF CONTRACTS
ON THE BASIS OF BEST VALUE
RESOLUTION NO.: 104, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
4 of 2020 entitled, "A Local Law Authorizing the Award of Contracts on the Basis of Best Value”,
which Local Law would authorize the Town to award contracts which would otherwise be subject
to the "lowest bidder" rule on the basis of “best value”, as defined in §163 of the New York State
Finance Law, as determined by the Town Board upon the recommendation of the Purchasing
Agent and the Department Manager, which would include the specific factors to be applied in
determining best value reflecting, wherever possible, objective and quantifiable analysis, and
WHEREAS, adoption of this legislation is authorized by New York State General Municipal
Law §103 and New York State Municipal Home Rule Law §10, and
WHEREAS, New York State Municipal Home Rule Law §20 requires the Town Board to
hold a public hearing prior to the adoption of any Local Law, and the Town Board duly held a public
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hearing concerning such proposed Local Law on Monday, March 9, 2020 and heard all interested
persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: 4 of 2020 to
authorize the award of contracts on the basis of best value as presented at this meeting, and
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 495
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to file the Local Law with the New York State Secretary of State in accordance with the provisions
of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately
upon filing with the Secretary of State, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Counsel and/or Town Clerk 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 9 day of March, 2020, by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough
NOES: None
ABSENT: Mrs. Switzer
LOCAL LAW NO.: 4 OF 2020
A LOCAL LAW AUTHORIZING THE AWARD OF
CONTRACTS ON THE BASIS OF BEST VALUE
BE IT ENACTED by the Queensbury Town Board as follows:
SECTION 1.
A. Section 103 of the New York General Municipal Law (GML 103) requires competitive
bidding for purchase contracts and public works contracts and has historically required that such
bids be awarded to the lowest responsible bidder whose bid meets the requirements of the
specifications for the project.
B. GML 103 has been amended to provide that the Town may award purchase contracts
which would otherwise be subject to the "lowest bidder" rule on the basis of “best value”, as
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 496
defined in Section 163 of the New York State Finance Law, to a responsive and responsible bidder
or offeror, if so authorized by a Local Law.
C. The Town Board hereby determines that it is in the best interest of the Town and its
inhabitants for the Town to have the authority to award contracts on the basis of best value.
SECTION 2.
A. On and after the effective date hereof, the Town may award purchase contracts,
including contracts for service work but excluding any purchase contracts necessary for the
completion of a public works contract pursuant to Article 8 of the New York Labor Law, on the
basis of best value, as defined in Section 163 of the New York State Finance Law, to a responsive
and responsible bidder or offeror.
B. The determination to award any such contract on the basis of best value shall be made
by the Town Board upon the recommendation of the Purchasing Agent and the Department Head.
Such recommendation shall include the specific factors to be applied in determining best value
which shall reflect, wherever possible, objective and quantifiable analysis.
C. In the event that no such determination is made, contracts will continue to be awarded
to the lowest responsible bidder furnishing the required security as required by GML 103.
SECTION 3. 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 4. 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 5. This Local Law shall take effect immediately upon filing in the Office of the New York
Secretary of State as provided in New York Municipal Home Rule Law §27.
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY- (LIMIT 3 MIN.)
JOAN ALDOUS, TOWN HISTORIAN- Spoke to the Board regarding Resolution 4.11 entitled,
Resolution Supporting the Renaming of Halfway Creek to Halfway Brook.
PAUL DERBY- Spoke regarding Resolution 4.6, Authorizing Engagement of Solitude Lake
Management for 2020 Lake Management Contract in Connection with Glen Lake Aquatic Plant
Growth Control District.
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND EASTERN NY MARINE TRADES ASSOCIATION
RESOLUTION NO.: 105, 2020
INTRODUCED BY: Mr. George Ferone
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 497
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury has received a request for funding from the Eastern
NY Marine Trades Association to assist in funding its Great Upstate Boat Show to be held at the
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Adirondack Sports Complex (The Dome) in the Town of Queensbury on March 27 – 29, 2020, and
WHEREAS, such event will promote the Town of Queensbury, its amenities and prosperity
and is expected to draw many people to the Town of Queensbury and its surrounding area’s hotels
and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the
Town and all of Warren County, and
WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the
Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism
Promotion and Convention Development Agreement (Agreement) entered into between the Town
and Warren County, and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under
the Agreement are subject to further Resolution of the Queensbury Town Board, and
WHEREAS, the Town Board wishes to provide funding to the Eastern NY Marine Trades
Association in the amount of $15,000 with occupancy tax revenues received from Warren County,
and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the
Town and the Eastern NY Marine Trades Association substantially in the form presented at this
meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for
the Agreement not exceeding the sum of $15,000 and to be provided by occupancy tax revenues the
Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 498
BE IT FURTHER,
RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take
all actions necessary to amend the Town Budget and increase appropriations and revenues as
necessary as follows:
Revenue Acct No. –050-0000-51113 Occupancy Tax Revenue $15,000;
Expense Acct. No. – 050-6410-4412 Use of Occupancy Tax $15,000; and
BE IT FURTHER,
RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer
confirming that the Town has unallocated occupancy tax funds available from Warren County.
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Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING AWARD OF BID FOR
CONSTRUCTION OF HALFWAY BROOK TRAIL
RESOLUTION NO.: 106, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 107,2018 the Queensbury Town Board authorized
establishment of the Halfway Brook Trail Capital Project Fund #223 to fund expenses associated with
the final design and construction of the Halfway Brook Trail from Aviation Road to Peggy Ann Road
(Project), and
WHEREAS, by Resolution No.: 69,2020, the Town Board authorized and directed the
Town’s Purchasing Agent to publish an advertisement for bids for the Project as were more clearly
specified in bid specifications prepared by the Town Supervisor and/or Town Purchasing Agent, and
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 499
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and
award the bid to the lowest responsible bidder meeting New York State statutory requirements and
the requirements set forth in the Town’s bid documents and specifications, and
WHEREAS, the Purchasing Agent published such advertisement for bids and on February
28, 2020, duly received and opened all bids, and
WHEREAS, the Town Supervisor and Purchasing Agent have recommended that the Town
Board authorize the bid award to the lowest responsible bidder, Volt Landscape for the bid amount
of $112,400, and
WHEREAS, there may be times when Change Orders may become necessary for such
Project and therefore the Town Board wishes to provide the Town Supervisor with authorization
to approve and sign certain Change Orders up to a ten-percent (10%) contingency ($11,240) for
Change Orders that he deems necessary or appropriate,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the
construction of the Halfway Brook Trail from Aviation Road to Peggy Ann Road (Project) from the
lowest responsible bidder, Volt Landscape, for the bid amount of $112,400, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any needed Agreement between the Town and Volt Landscape and/or any other needed
documents related to the bid award and Project in form acceptable to the Town Supervisor, Town
Budget Officer and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor to approve and
sign Change Orders pertaining to such Project up to a ten-percent (10%) contingency or in the total
amount not exceeding $11,240 that he deems necessary or appropriate, and
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 500
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that payments for such
Project shall be from the Halfway Brook Trail Capital Construction Account No.: 223-7110-2899
and the Town Board further directs that in the event there are funds remaining in such Capital
Project Fund after completion of the Project or in the event that the Project is not undertaken, the
moneys in the Capital Project Fund shall be returned to the Capital Reserve Fund No. 64, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Purchasing Agent, Town Budget Officer and/or Town Counsel to take any and all action
necessary to effectuate the terms of this Resolution.
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Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
IMPROVEMENT OF QUEENSBURY CONSOLIDATED
WATER DISTRICT FACILITIES – RIDGE ROAD WATER MAIN
REHABILITATION AND LINING PROJECT
RESOLUTION NO.: 107, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Queensbury Town Board duly established the Town of Queensbury
Consolidated Water District (the "District") in accordance with New York Town Law, and
WHEREAS, the Town Board wishes to improve the District’s water transmission facilities
by rehabilitating certain existing water main along Route 9L/Ridge Road between Route 254/Quaker
Road and Cronin Road (Project) in accordance with Town Law §202-b, and
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 501
WHEREAS, by Resolution No.: 83,2019, the Town Board authorized engagement of The
Chazen Companies (Chazen) for professional Design, Bidding and Construction Phase
Engineering Services and establishment of the “Ridge Road Water Main Replacement Capital
Project Fund #225,” to fund expenses associated with the Project, and
WHEREAS, Chazen has prepared an Engineer’s Report issued March 3, 2020 concerning
the Project together with an estimate of its cost, a copy of which Engineer’s Report is duly filed in
the Queensbury Town Clerk's Office and made available for public inspection and presented at this
meeting, and
WHEREAS, as detailed in the Map and Plan, this is a maintenance and repair project
involving no substantial changes in an existing structure or facility, and therefore a Type II action
under 6 NYCRR Section 617.5(c)(1) of the State Environmental Quality Review Act (SEQRA)
regulations and therefore, no further environmental review is required, and
WHEREAS, although the Town of Queensbury is a town partially within the Adirondack
Park, the District does not contain State lands assessed at more than thirty percent (30%) of the
total taxable assessed valuation of the District, so permission of the State Comptroller to the
proposed expenditure is not required under Town Law §202-b(5),
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The project is a SEQRA Type II action pursuant to 6 NYCRR Section 617.5(c)(1)
and therefore the project is not subject to SEQRA review.
2. The proposed improvements consist of the rehabilitation by a Class IV structural
lining of certain existing water main along Route 9L/Ridge Road between Route 254/Quaker Road
and Cronin Road.
3. The estimated cost of such improvements is $1,374,000.
4. The cost of the improvements will be paid from various District funds being a
combination of serial bonds and/or bond anticipation notes, current fund balance and/or current
funds.
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 502
5. The proposed improvements shall be constructed and installed as specifically
delineated in the Map and Plan and in full accordance with the Town of Queensbury's specifications,
ordinances or local laws, and any State laws or regulations, and in accordance with approved plans
and specifications and under competent engineering supervision.
6. The Town Board shall meet and hold a public hearing at the Queensbury Activities
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Center, 742 Bay Road, Queensbury, New York at 7:00 p.m., on Monday, March 23, 2020 to hear
all persons interested in the improvement of the District facilities described above and to take such
other and further action as may be required or authorized by law.
7. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly
publish and post this Order not less than ten (10) days nor more than twenty (20) days before the
public hearing date, as required by Town Law §202-b.
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Duly adopted this 9 day of March, 2020 by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING ADDITIONAL EXPENSES AND BUDGET
AMENDMENTS RELATED TO EMERGENCY WASTEWATER SYSTEM
REPAIRS IN VICINITY OF 313 QUAKER ROAD, QUEENSBURY
RESOLUTION NO.: 108, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, as a result of a break that occurred on the Town’s sewer force main located near
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313 Quaker Road in the Town of Queensbury on or about February 4, 2020, the Town Wastewater
Director arranged for immediate repairs on an emergency basis for public health and safety
reasons as time would not allow for the receipt of bids, and
WHEREAS, by Resolution No.: 89,2020, the Town Board determined that such repairs
constituted an emergency procurement needed to best serve the Town’s residents and needed to be
completed immediately to protect public health and safety, waived its requirement under General
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 503
Municipal Law §103 and the Town’s Purchasing Policy, and authorized the emergency repairs for
the initial amount of $50,000, and
WHEREAS, the Town Wastewater Director has advised that the total amount for such
emergency repairs totals $111,518, and
WHEREAS, the Town Board wishes to authorize the additional expenses and budget
amendments related to these emergency repairs,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs payment for the
services, equipment and rental of materials for the emergency wastewater system repairs delineated
in the preambles of this Resolution in the total amount of $111,518, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend
the Town Budget to transfer:
$40,500 from Fund Balance Account No.: 036-0000-0909 to Misc. Contractual
Account No.: 036-8120-4400;
$71,500 from Fund Balance Account No.: 032-0000-0909 to Misc. Contractual
Account No.: 032-8120-4400;
$1,800 from Fund Balance Account No.: 036-0000-0909 to Account No.: 036-8110-
4130 for legal fees related to this emergency project;
and take all necessary actions to effectuate payment, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 504
RESOLVED, that the Town Board further authorizes the Town Supervisor, Wastewater
Director and/or Budget Officer 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 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT
MERCHANT MARKET LICENSE FOR NORTHEAST REALTY
DEVELOPMENT/KEVIN QUINN/NAOMI POLITO
RESOLUTION NO.: 109, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Northeast Realty Development/Kevin Quinn/Naomi Polito (Northeast Realty)
has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient
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Merchant Market License to conduct a transient merchant market from June 2 through June 6,
2020 in the parking lot at 1650 State Route 9, Queensbury to sell assorted motorcycle and non-
motorcycle products, services and displays in accordance with the provisions of Town Code Chapter
160, and
WHEREAS, the application is essentially identical to applications submitted by the
applicant in previous years and since the Queensbury Planning Board conducted site plan review
of the prior applications, it is not necessary to again refer the application to the Planning Board
for site plan review,
NOW, THEREFORE, BE IT
RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code
§160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to
Northeast Realty Development/Kevin Quinn/Naomi Polito to conduct a transient merchant market in
the parking lot located at 1650 State Route 9, Queensbury, subject to the following:
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 505
1. Northeast Realty must pay all fees as required by Town Code Chapter 160;
2. Northeast Realty must submit a bond in the amount of $10,000 as required by Chapter
160;
3. Northeast Realty must submit proof of authorization to do business in New York and
authorization of agent to receive service of summons or other legal process in New York;
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4. The License shall be valid only from June 2 through June 6, 2020 from 9:00 a.m. to
9:00 p.m. and the license shall expire immediately thereafter;
5. Northeast Realty shall advise the Town Board of any vendor changes from previous years;
6. Northeast Realty must revise its submitted plot plan to accurately depict the planned
vendor locations prior to the Town Clerk’s issuance of the License;
7. Northeast Realty must provide to the Town Clerk its proof of a current/renewed
occupancy permit from the New York State Department of Transportation for parking in
the area along Route 9 prior to the Town Clerk’s issuance of the License;
8. The Transient Merchant License shall not be assignable; and
9. Northeast Realty must comply with all regulations specified in Town Code §160-8;
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Code Enforcement
Personnel to rigorously enforce the terms of the Site Plan, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Director of Planning,
Zoning and Code Compliance to send a certified copy of this Resolution to the Warren County Sheriff
and also contact the Warren County Sheriff to request that the Warren County Sheriff’s Office enforce
off-road parking issues on Route 9 and throughout the community.
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 506
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Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE
MANAGEMENT FOR 2020 LAKE MANAGEMENT CONTRACT
IN CONNECTION WITH GLEN LAKE AQUATIC PLANT
GROWTH CONTROL DISTRICT
RESOLUTION NO.: 110, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 305,2011, the Queensbury Town Board adopted its Final
Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District,
and
WHEREAS, by Resolution No.: 308,2019, the Town Board adopted the Glen Lake Aquatic
Plant Growth Control District Benefit Tax Roll, and
WHEREAS, by Resolution No: 60,2019, the Town Board authorized engagement of Solitude
Lake Management for the Aquatic Vegetation Management Program for Glen Lake in 2019, which
Program provided for Solitude Lake Management’s herbicide treatment for control of Eurasian water
milfoil and Illinois pondweed within portions of Glen Lake, and
WHEREAS, in Chapter 3(C)(2)(f) of the Town Purchasing Procedures, upon the Town Board
considering the reasonableness of the fee, it may engage a particular professional which was
previously used with the Project without soliciting multiple vendors, and
WHEREAS, the Town Board therefore wishes to engage the services of Solitude Lake
Management for an Aquatic Vegetation Lake Management Contract for Glen Lake for 2020 for an
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 507
amount of $47,655 in accordance with Solitude Lake Management’s Lake Management Contract
dated February 26, 2020 presented at this meeting, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements, and
WHEREAS, the Town Board previously conducted SEQRA review and issued a SEQRA
Negative Declaration in 2018,
NOW, THEREFORE, BE IT
RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury
Town Board hereby waives its requirement under the Town of Queensbury’s Purchasing Policy for
two (2) written quotes, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes engagement of Solitude Lake
Management for an Aquatic Vegetation Lake Management program for the herbicide treatment for
control of Eurasian water milfoil, Curly-Leaf Pondweed and Brittle Naiad within portions of Glen
Lake for 2020 for the amount of $47,655 in accordance with Solitude Lake Management’s February
26, 2020 Lake Management Contract substantially in the form presented at this meeting, contingent
upon the Town’s receipt of a proper certificate of insurance in form acceptable to the Town, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay
expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051-8790-
4400 not to exceed $47,655 and/or take any actions necessary to provide for such payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign
the Lake Management Contract, Permit Applications with the New York State Department of
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 508
Environmental Conservation and/or any other needed documentation and the Town Supervisor, Town
Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the
terms of this Resolution.
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Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING ALLOCATION OF FUNDS TO BE USED
FOR TOWN COURT IMPROVEMENTS
RESOLUTION NO.: 111, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No: 293,2019, the Queensbury Town Board authorized
submission of an application for a Justice Court Assistance Program (JCAP) Grant from the New
York State Office of Court Administration (OCA) to be used by the Town for Town Court
improvements, such improvements including the purchase of an audio/pa system and a
heating/cooling system for use in the Town Courtroom, and
WHEREAS, the grant application was submitted and the Town was awarded a grant in the
amount of $12,258 and by Resolution No.: 79,2020, the Town Board accepted such grant funds,
WHEREAS, by letter of January 29, 2020, the Town Justices advised that the Town Court
lacks $8,089.49 to purchase the audio/pa system and heating/cooling system, and
WHEREAS, the Town Board wishes to authorize $8,089.49 in appropriations toward the
remaining balance of the cost of these items,
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 509
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the allocation of $8,089.49
towards the acquisition of an audio/pa system and heating/cooling system for the Town of
Queensbury Justice Court to be paid from Office Supplies Account No.: 001-1110-4010, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend
the Town Budget to transfer $8,089.49 from Contingency Account No.: 001-1990-4400 to Misc.
Contractual Account No.: 001-1110-4400 and take all other actions necessary to effectuate the
purchases, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
make any necessary adjustments, budget amendments, transfers or prepare any documentation
necessary and authorizes the Town Supervisor, Town Justices, Town Court Clerks and/or Town
Budget Officer to take all other actions necessary to effectuate the terms of this Resolution.
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Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING ACCEPTANCE OF $500 DONATION
FROM ADIRONDACK TRIATHLON CLUB INC. FOR RECREATION
DEPARTMENT’S GURNEY LANE MOUNTAIN BIKE PARK
RESOLUTION NO.: 112, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 510
WHEREAS, the Adirondack Triathlon Club, Inc. (ATC) has offered to donate $500 to the
Town of Queensbury Parks and Recreation Department towards the continued development and
maintenance of the Gurney Lane Mountain Bike Park, and
WHEREAS, the Town Board is honored by this generous offer, feels that such donation will
benefit Town residents and therefore wishes to approve and authorize such donation,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and accepts the donation of
$500 from the Adirondack Triathlon Club, Inc. (ATC) to the Town of Queensbury Parks and
Recreation Department towards the continued development and maintenance of the Gurney Lane
Mountain Bike Park, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to deposit
the donation and increase the Recreation Programs Expense Account No.: 157-7110-2899 by $500
and the Gifts and Donations Revenue Account No.: 001-0000-52705 by $500, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town’s Director of Parks and
Recreation to send a certified copy of this Resolution to the ATC with a letter from the Town thanking
the Club for its generosity.
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Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 511
RESOLUTION AUTHORIZING ENGAGEMENT OF STORED
TECHNOLOGY SOLUTIONS, INC. FOR SERVICES RELATED TO
CAMERAS, SWITCHING AND CABLING AT NEW HIGHWAY GARAGE
RESOLUTION NO.: 113, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 304,2016, the Queensbury Town Board authorized a five
(5) year extension of the Agreement between the Town of Queensbury and StoredTech Technology
Solutions, Inc., (Stored Tech) for the continued provision of professional information technology
services, and
WHEREAS, Stored Tech has submitted Quote No.: STSQ11345 dated Feb 25, 2020 for
the Town’s purchase and installation of cameras, switching and cabling at the Town’s proposed
new Highway Garage Building for an amount of $13,516.36 which amount includes $5,250 for
StoredTech’s professional services, and
WHEREAS, the Town Board wishes to engage StoredTech in accordance with such Quote
as such professional services are consistent with StoredTech’s existing provision of information
technology services and StoredTech has the skill, expertise and an established familiarity and
comfort level with the Town’s building infrastructure,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement
of Stored Technology Solutions, Inc., (Stored Tech) for professional services in accordance with
Stored Tech’s Quote No.: STSQ11345 dated Feb 25, 2020 for the Town’s purchase and installation
of cameras, switching and cabling at the Town’s proposed new Highway Garage Building for an
amount of $13,516.36 which amount includes $5,250 for StoredTech’s professional services, and
authorizes and directs the Town Supervisor to sign any needed documentation and/or agreements to
effectuate such purchase and services to be paid from Capital Construction Account No.: 208-1620-
2899, and
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 512
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 actions as may be necessary to effectuate the
terms of this Resolution.
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Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING ENGAGEMENT OF STORED
TECHNOLOGY SOLUTIONS, INC. FOR SERVICES RELATED TO
INSTALLATION OF NEW PHONE SYSTEM
RESOLUTION NO.: 114, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 304,2016, the Queensbury Town Board authorized a five
(5) year extension of the Agreement between the Town of Queensbury and StoredTech Technology
Solutions, Inc., (Stored Tech) for the continued provision of professional information technology
services, and
WHERAES, by Resolution No.: 87,2020, the Town Board engaged the services of
StoredTech for professional services for the purchase and installation of a new phone system, and
WHEREAS, StoredTech has submitted Quote No.: STSQ11390 dated Mar 4, 2020 for
additional equipment and services related to the installation of such new phone system for an
amount of $16,674.46 which amount includes $7,000 for StoredTech’s professional services, and
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 513
WHEREAS, the Town Board wishes to engage StoredTech in accordance with such Quote
as such professional services are consistent with StoredTech’s existing provision of information
technology services and StoredTech has the skill, expertise and an established familiarity and
comfort level with the Town’s building infrastructure, and
WHEREAS, the Town Board wishes to authorize such purchase and services, with funding
to be from Capital Reserve #64, and
WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town
Board is authorized to withdraw and expend funds from Capital Reserve #64 subject to permissive
referendum,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement
of Stored Technology Solutions, Inc., (Stored Tech) for professional services in accordance with
Stored Tech’s Quote No.: STSQ11390 dated Mar 4, 2020 for the Town’s purchase and installation
of a new phone system for an amount of $16,674.46 which amount includes $7,000 for
StoredTech’s professional services, and authorizes and directs the Town Supervisor to sign any
needed documentation and/or agreements to effectuate such purchase and services to be paid from
Computer Hardware Account No.: 205-1680-2031, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for such
purchase is an expenditure for a specific capital project and/or certain maintenance project for which
the Capital Reserve Account #64 was established, 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 from Reserve No.: 64 in the
amount of $16,674.46 to Computer Hardware Account No.: 205-1680-2031 to fund such purchase,
and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 514
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or
Town Budget Officer to take such other and further actions as may be necessary to effectuate the
terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with
the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town
Clerk to publish and post such notices and take such other actions as may be required by law.
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Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
RESOLUTION SUPPORTING THE RENAMING OF HALFWAY CREEK
TO HALFWAY BROOK
RESOLUTION NO.: 115, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Warren County Board of Supervisors has advised the Queensbury Town
Board that the U.S. Board on Geographic Names (BGN) received a proposal from a resident of
Queensbury to officially correct the name of “Halfway Creek” to “Halfway Brook” on Federal
maps, and
WHERAES, although there is significant historical and current local use of the name
“Halfway Brook,” the name is officially “Halfway Creek” for Federal use, and
WHEREAS, Warren County recommends the change to “Halfway Brook” so that Federal
maps match local use and has requested that the Town Board adopt a Resolution supporting such
changes as well,
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 515
NOW, THEREFORE BE IT
RESOLVED, that the Queensbury Town Board hereby expresses its support of Warren
County’s submission of a notification to the U.S. Board on Geographic Names (BGN) to officially
correct the name of “Halfway Creek” to “Halfway Brook” on Federal maps, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
forward a certified copy of this Resolution to the Warren County Board of Supervisors, sign any
documentation and take any actions necessary to effectuate the terms of this Resolution.
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Duly adopted this 9 day of March, 2020 by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT AVIATION
MALL NEWCO, LLC’S PETITION FOR CHANGE OF ZONE
APPLICATION TO QUEENSBURY PLANNING BOARD AND
REQUESTING SEQRA LEAD AGENCY STATUS
RESOLUTION NO.: 116, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Aviation Mall Newco, LLC submitted a Petition for Change of Zone to the
Queensbury Town Clerk’s Office on December 5, 2019 to allow for the addition of multi-family
residential as allowed by Site Plan Review and to amend parking and subdivision requirements in the
Enclosed Shopping Center (ESC) zoning district, and
WHEREAS, the Town Board met with the applicant and their agent at Town Board Workshop
meetings on December 11, 2019 and March 2, 2020 to discuss changes to the proposed zoning code
amendments, and
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 516
WHEREAS, Aviation Mall Newco, LLC submitted an amended Petition for Change of Zone
application on or about March 5, 2020 to allow for the addition of multifamily residential uses by Site
Plan Review and 26 commercial uses by Site Plan Review or Special Use Permit, and
WHEREAS, the application has been reviewed by the Town Planning Staff and deemed
complete for purposes of review, and
WHEREAS, applications for zoning changes and are subject to Warren County Planning
Department review in accordance with §239-m of NYS General Municipal Law, and
WHEREAS, applications for zoning changes may be forwarded to the Town Planning Board
for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and
WHEREAS, following such recommendations, the 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,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk
to forward Aviation Mall Newco, LLC’s application received by the Town Clerk’s Office on or about
March 5, 2020 to the Queensbury Planning Board for review, report and recommendation, 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 intent to act as Lead Agency for
SEQRA Review of the project and the Town Supervisor, Town Clerk and/or Department of
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 517
Community Development to take any other necessary actions to effectuate the terms of this
Resolution.
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Duly adopted this 9 day of March, 2020 by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
TOWN COUNSEL, HAFNER- Reviewed SEQRA (Regarding New Highway Vehicle Storage
Garage Project) with the Board.
Short Environmental Assessment Form
Part 2 – Impact Assessment
1. Will the proposed action create a material conflict with an adopted land use plan or
zoning regulation? No
2. Will the proposed action result in a change in the use or intensity of use of land? No
3. Will the proposed action impair the character or quality of the existing community? No
4. Will the proposed action have an impact on the environmental characteristics that caused
the establishment of a Critical Environmental Area (CEA)? No
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit, biking or walkway? No
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities? No
7. Will the proposed action impact existing: a. public/private water supplies? No
B. public/private wastewater treatment utilities? No
8. Will the proposed action impair the character or quality of important historic,
archaeological, architectural or aesthetic resources? No
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)? No
10. Will the proposed action result in an increase in the potential for erosion, flooding or
drainage problems? No
11. Will the proposed action create a hazard to environmental resources or human health? No
RESOLUTION ADOPTING SEQRA DETERMINATION OF
NON-SIGNIFICANCE REGARDING NEW HIGHWAY VEHICLE
STORAGE GARAGE PROJECT
RESOLUTION NO.: 117, 2020
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 518
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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 engagement of C.T. Male Associates (C.T. Male) for engineering services related to the
Project, and
WHEREAS, by Resolution No.: 414,2019, the Town Board awarded the bids for the
construction of the new Town Highway Garage from the lowest, responsible bidders, and
WHEREAS, such Project has been determined to be a State Environmental Quality Review
Act (SEQRA) Unlisted Action and a SEQRA Short Environmental Assessment Form (EAF) has
been prepared, and
WHEREAS, the Town Board has not identified any environmental impacts,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, after considering the proposed action,
reviewing the SEQRA Short Environmental Assessment Form (EAF) and thoroughly analyzing the
action for potential environmental concerns, determines that the action will not have a significant
effect on the environment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to
complete the EAF by checking the box indicating that the proposed action will not result in any
significant adverse impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and
directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of
the general regulations of the Department of Environmental Conservation, and
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 519
BE IT FURTHER,
RESOLVED, that prior to Town authorization of construction, the Town Board hereby
affirms and ratifies the authorization of the award of the bids as detailed in Resolution No.:
414,2019 and hereby authorizes the construction of the Highway Garage Project.
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Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
RESOLUTION APPROVING AUDIT OF BILLS -
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WARRANT OF MARCH 9, 2020
RESOLUTION NO.: 118, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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 March 5, 2020 and a payment date of March 10, 2020,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented
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as a Warrant with a run date of March 5, 2020 and a payment date of March 10, 2020 totaling
$1,336,874.38, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or
Town Budget Officer to take such other and further action as may be necessary to effectuate the terms
of this Resolution.
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 520
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Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN
COMPANIES FOR ENGINEERING SERVICES RELATED TO
EMERGENCY REPAIR OF SANITARY SEWER FORCE MAIN IN
VICINITY OF 313 QUAKER ROAD, QUEENSBURY
RESOLUTION NO.: 119, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, as a result of a break that occurred on the Town’s sewer force main located near
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313 Quaker Road in the Town of Queensbury on or about February 4, 2020, the Town Wastewater
Director arranged for immediate repairs on an emergency basis for public health and safety
reasons as time would not allow for the receipt of bids, and
WHEREAS, it is now necessary for the Town to replace the Sewer Force Main on such
emergency basis for public health and safety reasons, and
WHEREAS, the Town Board wishes to engage the technical, professional services of The
Chazen Companies (Chazen) related to the design and construction administration of such Sewer
Force Main replacement including the development of specifications for a sum not to exceed $65,075
in accordance with Chazen’s March 6, 2020 Proposal Project No. 92000.10 presented at this meeting,
and
WHEREAS, in Chapter 3(C)(2) of the Town Purchasing Procedures, upon the Town Board
considering the reasonableness of the fee, it may engage a particular professional which has
professional familiarity with the project, work or Town records, the Town’s experience and working
relationship with the professional and/or the Town and professional’s personal trust and confidence,
and
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 521
WHEREAS, the Town Board wishes to waive the Town Purchasing Policy’s two (2) quotes,
self-imposed bidding/purchasing requirement in this instance, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements, and
WHEREAS, the Wastewater Director has advised the Town Board that there are times
when Change Orders may become necessary for such services and has requested that the Town
Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for
Change Orders that he deems necessary or appropriate, and
WHEREAS, the Queensbury Consolidated Sanitary Sewer District will therefore incur costs
greater than originally budgeted for, and
WHEREAS, the Queensbury Consolidated Sanitary Sewer District has sufficient surplus fund
balances and has met New York State Comptroller's requirements for the appropriation of fund
balance during the fiscal year, and
WHEREAS, the Town Board wishes to therefore increase appropriations and appropriated
fund balance in the Queensbury Consolidated Sanitary Sewer District Funds,
NOW, THEREFORE, BE IT
RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury
Town Board hereby waives its requirement under the Town of Queensbury’s Purchasing Policy for
two (2) written quotes, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby determines that the repair of the sewer force main
located near 313 Quaker Road in the Town of Queensbury (Sewer Force Main) should be made on
an emergency basis for public health and safety reasons as soon as possible, and
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 522
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves and authorizes the engagement of the
technical, professional services of The Chazen Companies (Chazen) related to the design and
construction administration of such Sewer Force Main replacement including the development of
specifications for a sum not to exceed $65,075 in accordance with Chazen’s March 6, 2020 Proposal
Project No. 92000.10 substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Wastewater Director to
approve and sign Change Orders pertaining to the services up to a 5% contingency or in the total
amount not exceeding $3,254 that he deems necessary or appropriate, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend
the Town Budget by increasing appropriations and appropriated fund balance as necessary and
transfer:
$24,598 from Fund Balance Account No.: 036-0000-0909 to Consulting Account
No.: 036-8110-4720;
$43,731 from Fund Balance Account No.: 032-0000-0909 to Consulting Account
No.: 032-8110-4720;
and take all necessary actions to effectuate payment to Chazen, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any needed Agreement with Chazen relating to Chazen’s March 6, 2020 Proposal Project No.
92000.10 as well as any other needed documentation, 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.
th
Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 523
NOES: None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING ACCEPTANCE OF DONATION OF
MATERIALS FROM SCHERMERHORN PROPERTY HOLDINGS FOR
CONSTRUCTION OF HALFWAY BROOK TRAIL
RESOLUTION NO.: 120, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by prior Resolution, the Queensbury Town Board accepted and awarded the
bid for the construction of the Halfway Brook Trail from Aviation Road to Peggy Ann Road (Project),
and
WHEREAS, Schermerhorn Property Holdings (Schermerhorn) has offered to donate trail
materials including item #4 aggregate, as well as trucking of the item #4 aggregate, with a donation
value totaling approximately $50,000, to complete such Project, and
WHEREAS, the Town Board is honored by this generous donation, feels it will benefit Town
residents and therefore wishes to approve and authorize such donation,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and accepts the donation of
trail materials including item #4 aggregate, as well as trucking of the item #4 aggregate, with a
donation value totaling approximately $50,000 from Schermerhorn Property Holdings
(Schermerhorn) to be used to complete construction of the Halfway Brook Trail from Aviation Road
to Peggy Ann Road, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 524
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to send a
certified copy of this Resolution with a letter from the Town thanking Schermerhorn for their
generosity.
th
Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY AND NATIONAL GRID FOR PURCHASE AND
INSTALLATION OF EV CHARGING STATIONS AND ESTABLISHING
APPROPRIATIONS AND ESTIMATED REVENUES FOR GRANT FUNDS
RESOLUTION NO.: 121, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 231,2017, the Queensbury Town Board established the
Clean Energy Communities Capital Project, the Town’s Clean Energy Communities Committee
and the Clean Energy Communities Capital Project Fund #219 to establish funding for expenses
associated with the Capital Project and by Resolution No.: 136, 2018, accepted the designation of
the Town as a Clean Energy Community, and
WHEREAS, the Town wishes to implement Electric Vehicle Charging (EVC) facilities
and technologies in the Town to ensure their availability and use in the community, thereby
supporting vehicles which lower carbon emissions and reduce fossil fuel consumption, and
WHEREAS, by Resolution No.: 207, 2018, and Town Board authorized submission of an
application to the New York State Department of Environmental Conservation to request grant
funding through the Zero-Emission Vehicle (ZEV) and Infrastructure Municipal Rebate Program,
and
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 525
WHEREAS, National Grid may fund costs for approved projects to eligible applicants up
to 100% of electrical infrastructure and installation of EVC, with charging stations to be owned by
the applicant and installed and activated by the applicant’s vendor, and
WHEREAS, the New York State Energy Research and Development Authority
(NYSERDA) Charge Ready NY incentive program offers public and private organizations that
install Level 2 EV charging stations at public parking facilities, workplaces, and multifamily
apartment buildings, rebates of $4,000 per charging port installed, and
WHEREAS, by Resolution No.: 72,2019, the Town Board authorized submission of
applications to National Grid and NYSERDA for the Charge Ready NY rebate incentive program
and authorized the development of plans to implement EVC stations, and
WHEREAS, NYSERDA has awarded to the Town grant funds in the amount of $8,000 per
ChargePoint EVC unit (and the Town wishes to install six (6) such units) for a total of up to $48,000
in grant funds; and National Grid will pay for the installation of each unit at a cost of approximately
$8,465 per unit plus an additional $10,000 for electrical infrastructure and upgrade requirements,
i.e., trenching work, the purchase of a new transformer, etc., for a total of up to approximately
$60,792 in grant funds; for a total Project cost of $108,792, as more fully set forth in Apex Solar
Power, LLC Invoice Date: 03/06/2020 (the Town’s EVC installation vendor) and New York State
Office of General Services Contractor Information Summary, Group 40404 Electric Vehicle
Supply Equipment & Network Services (Statewide) and Contract No.: PC68451 as presented at
this meeting, and
WHEREAS, the Town Board wishes to accept such grant funds and authorize installation
of the ChargePoint Model CT4021-GW1 units,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts the $48,000 in grant funding
from the New York State Energy Research and Development Authority (NYSERDA) and $60,792
in grant funding from National Grid for a total project cost of $108,792 and as set forth in the Apex
Solar Power, LLC Invoice Date: 03/06/2020 and New York State Office of General Services
Contractor Information Summary, Group 40404 Electric Vehicle Supply Equipment & Network
Services (Statewide) and Contract No.: PC68451 described in the preambles of this Resolution, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 526
RESOLVED, that the Town Board further establishes appropriations and estimated revenues
as follows:
Increase Appropriations in Account No.: 219-8030-4400 by $108,792; and
Increase Revenue in Account 219-0000-53910 by $108,792;
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 and transfers, and/or prepare
any documentation necessary to establish such appropriations and estimated revenues and effectuate
all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the installation of six (6)
dual port ChargePoint Model CT4021-GW1 units (or a total of 12 charging ports) by Apex Solar
Power with the ChargePoint Model CT4021-GW1 unit locations to be as follows:
Two (2) dual ports (four {4} charging ports total) near the Town of Queensbury Activities
Center;
Two (2) dual ports (four {4} charging ports total) at the Town’s Hovey Pond Parking Lot;
Two (2) dual ports (four {4} charging ports total) at the I-87 Northway Exit 18 Park and
Ride adjacent to the kiosk;
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign
any needed grant agreements and/or documentation and the Town Supervisor and/or Town Budget
Officer to take such other and further actions necessary to effectuate the terms of this Resolution.
th
Duly adopted this 9 day of March, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Switzer
5.0 CORRESPONDENCE
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 527
Deputy Town Clerk Mellon- Building and Codes Supervisor’s February Monthly Report has
been received and is on file in the Town Clerk’s Office.
6.0 PRIVILEGE OF THE FLOOR- (LIMIT 4 MINUTES)
NO COMMENT
7.0 TOWN BOARD DISCUSSIONS
COUNCILMAN FERONE (WARD III)- Recently had the opportunity to walk the new
Halfway Brook Trail in Ward III. It is a beautiful area.
COUNCILMAN FREER (WARD II)-
Spoke regarding the Coronavirus. Urged people to listen to the responsible people
who are working the issue at the State and National level. Also, be careful of
scammer taking advantage of people’s fears and worries about the virus. Be
extremely diligent.
Spoke regarding the need to address the renewable energy systems law.
st
Councilwoman Switzer will be resigning effective March 31. If you are a
resident in Ward IV and need assistance, please feel free to reach out to any Board
Member. We will help in any way we can to make sure the support that you need
in Ward IV continues.
COUNCILMAN METIVIER (WARD I)- Spoke regarding the Coronavirus pandemic.
SUPERVISOR STROUGH-
Received a greeting card from the Mayor of Saga City.
Received from Joan Aldous, Town Historian her 2020 plan of work. Will forward
this information to Town Board Members.
Reviewed the annual residential lawn and yard spring pick-up schedule. This
information is posted on our website.
The 2020 census is fast approaching. A hundred and forty three million
households in the country will receive an initial invitation to respond to the census
th th
in their mailboxes between March 12and the 20. You can respond online, by
phone or by mail. Your response helps determine the annual distribution of 675
billion in federal funds to communities like ours. Responses are also used to draw
voting districts and determine the number seats in congress. The responses are
safe and confidential.
Spoke regarding Coronavirus pandemic. There will be a Department Head
meeting on this subject later this week.
Presented Supervisor’s Report to Board and community.
Thanked Look TV and sponsors for televising these meetings.
Thanked everyone who attended the meeting tonight.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 122, 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.
Duly adopted this 9th day of March 2020, by the following vote:
REGULAR TOWN BOARD MEETING, 03-09-2020, MTG #9 528
AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT: Mrs. Switzer
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY
MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I