02-14-2022 MTG#5 REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 370
REGULAR TOWN BOARD MEETING MTG#5
FEBRUARY 14, 2022 RES. #73-94
7:00 P.M. BOH #7-11
LL# 2
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN GEORGE FERONE
COUNCILMAN TIMOTHY MCNULTY
TOWN COUNSEL
ROBERT HAFNER, ESQ.
PRESS
LOOK TV
SUPERVISOR STROUGH called meeting to order....
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIMOTY MCNULTY
1.0 QUEENSBURY BOARD OF HEALTH
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 73, 2022
INTRODUCED BY: Mr. Harrison Freer
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.
Duly adopted this 141h day of February, 2022, by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES: None
ABSENT: None
PUBLIC HEARING- Sewage Disposal Variance Application of Frank Cottone
PUBLICATION DATE: JANUNARY 28, 2022
SUPERVISOR STROUGH reviewed proposed application and requested variances. Is the
applicant or applicant's agent present tonight? Were you present when I was giving the
introduction?
ERIC MURDOCK(via zoom)-Yes, I was and everything sounded correct.
SUPERVISOR STROUGH-Eric Murdock, the agent and engineer. Is there anything you'd like
to add to what I said before I open it up to the public?
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 371
MR. MURDOCK-Well, I'd like to just add that the proposal that we're making is in our opinion
really the best solution to handle the onsite wastewater at this site. If we were able to meet these
separation distances, we would find a way to do so. But given the steep slopes and the small size
of the site, we really have very little options available to us. So, this is really the best proposal
we can come up with.
SUPERVISOR STROUGH-Eric,just to verify we believe that currently they only have a
cesspool for wastewater treatment there.
COUNCILMAN FREER-I thought he said a drywell.
SUPERVISOR STROUGH-I thought he said a cesspool. Eric can you confirm?
MR. MURDOCK-I believe it's a drywell that sits right next to a very, very small septic tank that
are both much closer to the lake than the proposed dispersal location.
SUPERVISOR STROUGH-Ok. Alright, thank you. Anything else you would like to add?
MR. MURDOCK-No.
SUPERVISOR STROUGH-Any questions from the Town Board before I open up the public
hearing for Eric Murdock, the agent for the applicant?
COUNCILMAN FERONE-No, I just was going to say John, that in the application the
documents do say cesspool.
SUPERVISOR STROUGH-Ok, I thought I saw that somewhere. Thank you, George.
COUNCILMAN FREER-He mentioned drywell, either way it's not good.
COUNCILMAN FERONE-Either way, it's not good.
SUPERVISOR STROUGH-Right. Hearing no further questions from the Town Board, I will
open up the public hearing. Is there any member of the public who are present tonight that wish
to speak to this application which is a variance application from Frank Cottone at 16 Genista
Lane? Yes sir, please come forward, and state your name for the record.
DAVE JUDKINS, Queensbury-I will start by saying that I am in favor of the new septic system,
I live at 15 Genista. I have not seen the plans and I want to make sure that everybody is aware of
a potential concern here. First of all, I am in favor of it because the existing septic or cesspool or
whatever you want to call it, frequently overran the last two summers because it's mostly run as
an Airbnb. It was not uncommon to have the smell of raw sewage which we brought to his
attention on multiple occasions. But I understand that's not the purpose of this Board. That
being said, I have two concerns that I want to make have been absolutely addressed. One is, I
don't know the exact setback from a well but I have a well on my property and the owner right
behind him has a well. I am sure the Engineer has taken that into account. I just want to make a
hundred percent certain that it's the right distance. But more importantly, I don't know if any of
you had a chance to look at this property but right, the very back part of his property which
adjoins where Bill Fosbrook used to live, it's a very steep slope. That was actually excavated
when that property was bought so within two years it's been excavated. There is a lot of roots
and so forth sticking out. I just want to make certain that this plan has taken into account that
steep slope which it's going to be very close to. So for the runoff from the septic I want to make
sure there's no chance that it is going to leak out that back bank and potentially have a smell.
I'm all in favor of the project and I am willing to help however we can because I want to protect
the lake and I don't want the smell of sewage anymore. But not having seen the plan and know
whether that was specifically addressed, that bank right behind that property is like this. And it's
been recently excavated within the last two years and it's going to create a whole different
problem if this hasn't been specifically addressed.
SUPERVISOR STROUGH-We'll get some answers for you. Are those your only two
questions?
MR. JUDKINS-Yes, that's it. I am in support of it.
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 372
SUPERVISOR STROUGH-Okay, I will get answers for you in a minute. Any other member of
the public wish to speak to this application? Anybody on Zoom? Please raise your little blue
hand. Did you get on Tim?
COUNCILMAN MCNULTY-No, but I am about to so I will keep track.
SUPERVISOR STROUGH-You're my right hand man when it comes to the Zoom stuff.
Alright, I don't see anybody in the attendees. Eric Murdock, would you address Mr. Judkins'
two concerns. One being distance from any of the wells in the area and two being, is there any
chance given the steep slope that affluent would leak out of the embankment?
MR. MURDOCK-Yes, and the third comment was, you know, is it going to stink. So these are
all very good questions. We have looked at all of these items specifically the drinking water
wells. We have identified the location of the wells and they do meet the required separation
distance to our proposed dispersal location.
SUPERVISOR STROUGH-Which is one hundred feet by the way.
MR. MURDOCK-Yup, that's correct. So, what this system, the proposed system consists of is
there is a small ejector basin that's going to be hand dug and installed directly behind the
residence. That's at the location of the cesspool or the drywell, whatever nomenclature you want
to use. So at that location we are going to put a pump basin. We are going to hand dig a trench
to have a force main and we are going to pump the water to the top of the hill. We are going to
pump it into a Clarus treatment unit, the pretreated water is going to flow by gravity out of that
tank and into dispersal piping that's surrounded by some washed sand. So, we are effectively
providing two layers of advanced treatment. So the water, it's safe to say the water is going to
be very, very clean as it enters the ground. The question about the separation distance to this
steep slope is certainly something worth looking at. Now like many of the properties in that area
there's very, very porous gravel that has a very fast percolation rate. Given that type of
subsurface soil, the water moves vertically. So we're expecting that this clean water which is not
going to build up of biomat, an organic clogging layer in the subsurface soil. It is going to flow
straight down and you know, make its way into the existing drainage pattern towards the lake as
all groundwater moves. We don't anticipate a problem with water short-circuiting coming out of
the side of this very steep excavation. Now can I sit here and guarantee that that's not going to
happen? No, I can't because I am not in the business of making that type of guarantee. But
given the type of soil that's at the site and the deep test hole excavation that we performed, you
know, in our experience here is that this clean water will go straight down and not be seen again.
This is much different water than septic tank affluent. It's going to be clean, it's going to be
odorless but these concerns are certainly well noted. I believe this design has taken into
consideration these types of concerns but I don't think there's going to be a problem.
SUPERVISOR STROUGH-Ok, thank you Eric. Mr. Judkins, does his response satisfy your
concerns?
MR. JUDKINS-Yea. I hope he's right.
SUPERVISOR STROUGH-Well, we all do.
COUNCILMAN FREER-Are you the house to the east down the steep driveway?
MR. JUDKINS-Yea, as you go down the driveway, mines before his as you go down that
driveway. I'm to the east, yes.
SUPERVISOR STROUGH-I'm sorry, I thought you were finished. The drainage field is high
capacity, it is H2O rated so that means you can park above it. It has to be designed this way
though, your traditional beds you can't park on them and it's the chamber type which counts for
its H2O rating. It's more expensive but I overall think it is a fairly good system. It's as good as
you're going to get on this piece of property. So, if there's any last minute thoughts on behalf of
the public I'll entertain them. Seeing none, I'll close the public hearing.
PUBLIC HEARING CLOSED
SUPERVISOR STROUGH-Town Board, any further thoughts on this application?
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 373
COUNCILMA FREER-We were out there today and steep slope construction is obviously a
challenge. It's just a tight lot like many of the Glen Lake lots are and certainly a huge
improvement over the current system.
SUPERVISOR STROUGH-I'll entertain a motion to approve then.
RESOLUTION APPROVING FRANK C. COTTONE'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 7,2022
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Frank C. Cotton(Applicant) filed an application for variances from provisions
of the Town of Queensbury On-Site Sewage Disposal Ordinance,Chapter 136 to install a replacement
wastewater treatment system with its components proposed to be located as follows:
1. dispersal system to be 3.2' from the property line in lieu of the required 10' setback;
2. septic tank to be 7.2' from the property line in lieu of the required 10' setback; and
3. pumping station to be 4' from the dwelling in lieu of the required 10' setback;
on property located at 16 Genista Lane in the Town of Queensbury, and
WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's
official newspaper and the Local Board of Health duly conducted a public hearing concerning the
variance requests on Monday, February 14'', 2022, 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 is necessary for the
reasonable use of the land and are the minimum variances which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
Applicant; and
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 374
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Frank C.
Cotton for variances from the Sewage Disposal Ordinance to install a replacement wastewater
treatment system with its components to be located as follows:
1. dispersal system to be 3.2' from the property line in lieu of the required 10' setback;
2. septic tank to be 7.2' from the property line in lieu of the required 10' setback; and
3. pumping station to be 4' from the dwelling in lieu of the required 10' setback;
on property located at 16 Genista Lane in the Town of Queensbury and bearing Tax Map No: 289-
10-1-38.
Duly adopted this 14'h day of February, 2022, by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF PHILLIP MITCHELL
RESOLUTION NO.: BOH 8,2022
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
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, Phillip Mitchell has applied to the Local Board of Health for variances from
Chapter 136 to install a Pump Basin:
1. 2' from the south property line in lieu of the required 10' setback;
2. 45' from Lake George in lieu of the required 50' setback; and
3. 3' from the cabin in lieu of the required 10' setback; and
on property located at 2960 NY-9L in the Town of Queensbury,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 375
RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing
on Monday, February 28 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury,to consider Phillip Mitchell's sewage disposal variance application concerning property
located at 2960 NY-9L in the Town of Queensbury (Tax Map No.: 239.20-1-10) and at that time all
interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500 feet of the property as required by law.
Duly adopted this 14'h day of February, 2022, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF STEVEN CARDONA
RESOLUTION NO.: BOH 9,2022
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
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, Steven Cardona (Applicant) has applied to the Local Board of Health for
variances from Chapter 136 to install a replacement wastewater system with certain of its components
to be located as follows:
1. Wastewater Absorption Field to be 68' from the well instead of the required 100'
setback;
2. Tank to be 8' from the foundation instead of the required 10' setback;
3. Wastewater Absorption Field to be 10' from the foundation instead of the required
20' setback; and
4. Wastewater Absorption Field to be 5' from the property line instead of the required
10' setback;
on property located at 17 Honeysuckle Lane in the Town of Queensbury, and
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 376
WHEREAS, Town Code Chapter 137 requires inspection of Onsite Wastewater Treatment
Systems (OWTS) prior to the sale of certain real property and provides that a $2,000 escrow
deposit will be forfeited to the Town in the event that completion of a wastewater treatment system
meeting all standards is not completed within the time provided as established by Chapter 137,
and
WHEREAS, a change of deed for the Applicant's property occurred on or about November
21, 2021 and when the required property transfer septic inspection took place, it was found that
the existing wastewater system was deficient; however, the proposed new system is not able to be
completed within the required six (6) month time period due to the time of year and timing of
permitting, and
WHEREAS, the Applicant has therefore applied for a timeline extension or until July 19'',
2022 to install the system and to extend the date on which the $2,000 escrow deposit he previously
deposited with the Town shall be automatically forfeited to the Town, and
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of this requested extension, and
WHEREAS, the Local Board of Health will consider this extension request at the time of the
public hearing on the requested variances from Chapter 136,
NOW, THEREFORE, BE IT
RESOLVED,that the Town of Queensbury's Local Board of Health will hold apublic hearing
on Monday, February 28 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury,to consider Steven Cardona's sewage disposal variance application concerning property
located at 17 Honeysuckle Lane, Queensbury (Tax Map Nos: 226.19-1-23, 24, 25) and at that time
all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500' of the applicant's property as required by law.
Duly adopted this 14'h day of February, 2022, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF JEFF HOLE
RESOLUTION NO.: BOH 10,2022
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 377
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
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, Jeff Hole has applied to the Local Board of Health for variances from Chapter
136 to install a replacement wastewater treatment system with its components proposed to be located
as follows:
1. absorption bed to be 53' from Lake George in lieu of the required 100' setback;
2. pump tank to be 30' from Lake George in lieu of the required 50' setback;
3. ETU tank to be 32' from Lake George in lieu of the required 50' setback;
4. absorption bed to be 2' from the north property line in lieu of the required 10' setback;
5. absorption bed to be 1' from the west property line in lieu of the required 10' setback
6. absorption bed to be 2' from the south property line in lieu of the required 10' setback
7. absorption bed to be 2' from the foundation in lieu of the required 10' setback;
8. sewer line to be 1' from the property line in lieu of the required 10' setback; and
9. sewer line to be 3' from the foundation in lieu of the required 10' setback;
on property located at 390 Cleverdale Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing
on Monday, February 28 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Jeff Hole's sewage disposal variance application concerning property
located at 390 Cleverdale Road in the Town of Queensbury (Tax Map No.: 226.8-1-7) and at that
time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500 feet of the property as required by law.
Duly adopted this 14'h day of February, 2022, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT: None
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 378
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION BOH NO.: 11,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular
Session of the Town Board of the Town of Queensbury.
Duly adopted this 14'h day of February, 2022 by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: None
2.0 PUBLIC HEARING
Proposed Local Law No. 2022 to Amend Chapter 179 "Zoning" of the Town Code to
Allow Commercial Boat Sales, Service & Storage in the CLI Zoning District by Site Plan
Review
PUBLICATION DATE: JANUARY 28,2022
SUPERVISOR STROUGH-This is a piece of property,the original request came from a piece of
property on Corinth Road. It's zoned Commercial Light Industrial and they wish to put boat storage
there. Well, boat storage wasn't put there,we've never been requested to put it there but we didn't
think it was bad idea. So,we said that we would consider it and the Planning Board considered it as
well and between the Town Board and the Planning Board we said, boat storage is acceptable in
Commercial Light Industrial. However, it shouldn't be the primary use of the property in
Commercial Light Industrial, it should be an ancillary use. So,the Planning Board suggested that
any boat storage not exceed more than 30 percent of the land area associated with the primary use of
the lot in the Commercial Light Industrial Zone. So the County Planning Board approved it and
there is a SEQRA on that and the Town Board has had a chance to review Part I and our Attorney,
Bob Hafner will take us through Part 11 when the time is appropriate to do so. We do have the
public hearing on it tonight and I do see the applicants before us to expand a little bit more and that
would be very helpful and thank you for doing so. Please introduce yourself to the public for the
sake of the record.
NATHAN HALL-Thank you Chairman. Nathan Hall from Stafford, Carr and McNally for the
applicant and I have with me the President of Hacker Boat, George Badcock. We're happy to be
here tonight,thank you for having us. I think that this has been a productive process from first with
staff,we had our meetings, our workshop. We worked with the Planning Board as well. Just to
parrot some of the things you said Chairman,we are looking to add commercial boat sales, service
and storage, not just boat storage. That's the define use in the code into the Commercial Light
Industrial District. We believe that use is consistent with other uses allowed in the Industrial
District. Certainly we've already, it doesn't come as a surprise that the Town Board, based on our
prior conversations is okay with that, I think in principal but has concerns that a lot in the Light
Industrial District all of a sudden be entirely boat storage,which this is not what we are envisioning
for your Tech Park. Me and my client have crunched the numbers,we're appreciative of the
Town's concern in that regard and I think that ultimately what George and his company envision for
this site is well within that figure. We're not at the stage where we're looking at our lot individually
but you know we're committed to meeting any requirements of that nature that the Town puts in
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 379
place. Like I said, I don't know the last time this use chart was looked at in this area but I think that
some of the other uses allowed in there such as limousine,there's an auto service location next door,
you know it's very consistent with boat servicing. And this would be, for my client an ancillary use
to his principal,which is the boat manufacturing business which he's already using the site for. If
you have any questions for me or George? We are excited to be here.
SUPERVISOR STROUGH-Town Board any questions for the applicant and agent?
COUNCILMAN MCNULTY-Well,just a comment. I reviewed the site with George, he took me
around the area. Coming down Corinth Road, if you remember it used to be a recycling site with all
sorts of trailers out front. A good business, but it wasn't very sightly. His plan now to put the boats
in the back to store them properly,together with the other plans he has for the property will make it
a great site on Corinth Road and I fully support it. I appreciate you taking me around the area to see
it. He's offered to do that for any other Town Board Member as well.
SUPERVISOR STROUGH-Any other Town Board Members before the public hearing is open to
the public? Anybody from the public here tonight wish to speak to this amending of the zone of
Commercial Light Industrial to allow boat storage as an ancillary use? I don't see anybody. And
nobody on Zoom. I know we've looked at several sites and I think you picked a good one.
MR. BADCOCK-We are happy there. We are trying to impress and as Tim said, we've improved
the property for our own purposes but I think it is good for everybody and we'll do more work on it
as we go along.
SUPERVISOR STROUGH-I think it is a great spot and welcome.
MR. BADCOCK-Thank you.
PUBLIC HEARING CLOSED
TOWN COUNSEL HAFNER reviewed the following SEQRA Assessment Form,Part 11
FULL ENVIRONMENTAL ASSESSMENT FORM
PART 2 —INDENIFICATION OF POTENTIAL PROJECT IMPACTS
1. Impact on Land
Proposed action may involve construction on, or physical alteration of, the land surface
of the proposed site. (See Part 1.D.1)
If"Yes", answer questions a-j. If"No", move on to Section 2. X No Yes
2. Impact on Geological Features
The proposed action may result in the modification or destruction of, or inhibit access to,
any unique or unusual land forms on the site (e.g., cliffs, dunes, minerals, fossils, caves).
(See Part 1. E.2g)
If"Yes", answer questions a-c. If"No", move on to Section 3. X No Yes
3. Impacts on Surface Water
The proposed action may affect one or more wetlands or other surface water bodies (e.g.,
streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h)
If"Yes", answer questions a-l. If"No", move on to Section 4. X No Yes
4. Impact on groundwater
The proposed action may result in new or additional use of ground water, or may have
the potential to introduce contaminants to ground water or an aquifer.
(See Part 1.D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t)
If"Yes", answer questions a-h. If"No", move on to Section 5. X No Yes
5. Impact on Flooding
The proposed action may result in development on lands subject to flooding.
(See Part 1.E.2)
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 380
If"Yes", answer questions a-g. If"No", move on to Section 6. X No Yes
6. Impacts on Air
The proposed action may include a state regulated air emission source.
(See Part 1.D.2.£, D,2,h, D.2.g)
If"Yes", answer questions a-f. If"No", move on to Section 7. X No Yes
7. Impact on Plants and Animals
The proposed action may result in a loss of flora or fauna.
(See Part 1.E.2 m-q.)
If"Yes", answer questions a-j. If"No", move on to Section 8. X No Yes
8. Impact on Agricultural Resources
The proposed action may impact agricultural resources.
(See Part 1.E.3.a. and b.)
If"Yes", answer questions a-h. If"No", move on to Section 9. X No Yes
9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from, or are in sharp contrast
to, current land use patterns between the proposed project and a scenic or aesthetic
resource. (Part 1.E.1.A, E.Lb, E.3.h).
If"Yes", answer questions a-g. If"No", go to Section 10. X No Yes
10. Impact on Historic and Archeological Resources
The proposed action may occur in or adjacent to a historic or archaeological resource.
(Part 1.E.3.e, f. and g.)
If"Yes", answer questions a-e. If"No", go to Section 11. X No Yes
11. Impact on Open Space and Recreation
The proposed action may result in a loss of recreational opportunities or a reduction of an
open space resource as designated in any adopted municipal open space plan.
(See Part 1.C.2.c, E.l.c., E.2.q.)
If"Yes", answer questions a-e. If"No", go to Section 12. X No Yes
12. Impact on Critical Environmental Areas
The proposed action may be located within or adjacent to a critical
environmental area(CEA). (See Part 1.E.3d)
If"Yes", answer questions a-c. If"No", go to Section 13. X No Yes
13. Impact on Transportation
The proposed action may result in a change to existing transportation systems.
(See Part 1.D.2.j)
If"Yes", answer questions a-g. If"No", go to Section 14. X No Yes
14. Impact on Energy
The proposed action may cause an increase in the use of any form of energy.
(See Part 1.D.21)
If"Yes", answer questions a-e. If"No", go to Section 15. X No Yes
15. Impact on Noise, Odor, and Light
The proposed action may result in an increase in noise, odors, or outdoor lighting.
(See Part 1. D.2.m., n., and o.)
If"Yes", answer questions a-f. If"No", go to Section 16. X No Yes
16. Impact on Human Health
The proposed action may have an impact on human health from exposure
to new or existing sources of contaminant. (See Part 1.D.2.q., E.l.d.f.g. and h.)
If"Yes", answer questions a-m. If"No", go to Section 17. X No Yes
17. Consistency with Community Plans
The proposed action is not consistent with adopted land use plans.
(See Part 1.C.1, C.2. and C.3.)
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 381
If"Yes", answer questions a-h. If"No", go to Section 18. X No Yes
18. Consistency with Community Character
The proposed project is inconsistent with the existing community character.
(See Part 1.C.2, C.3, D.2, E.3)
If"Yes", answer questions a-g. If"No", proceed to Part 3. X No Yes
RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2022 TO
AMEND CHAPTER 179 `ZONING' OF QUEENSBURY
TOWN CODE TO ALLOW COMMERCIAL BOAT SALES, SERVICE
AND STORAGE IN THE COMMERCIAL LIGHT INDUSTRIAL (CLI)
ZONING DISTRICT BY SITE PLAN REVIEW
RESOLUTION NO.: 74,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Hacker Boat Company, Inc. (Hacker) submitted a zoning change application to
the Queensbury Town Clerk's Office on or about September 1, 2021 to allow for the addition of
Commercial Boat Sales/Storage/Service as an allowable use by Site Plan Review in the Commercial
Light Industrial(CLI) Zoning District, and
WHEREAS, by Town Board Resolution No.: 301, 2021,the petition for zoning changes was
forwarded to the Town Planning Board for consent to the Town Board acting as Lead Agency for
SEQRA and review and recommendations in accordance with §179-15-040 of the Town Zoning
Ordinance, and
WHEREAS, on October 19,2021 the Town Planning Board consented to the Town Board as
SEQRA Lead Agency for the proposed zoning change, and
WHEREAS, on October 19, 2021 the Town Planning Board issued a positive
recommendation to the Town Board regarding the proposed zoning change, with a recommendation
that boat storage not be an exclusive use of the property, and
WHEREAS, on November 22, 2021 the Town Board discussed the Planning Board
recommendation at a Workshop Meeting, and
WHEREAS,the Warren County Planning Department has reviewed the proposed change
and on February 7, 2021 recommended approval, and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a Public
Hearing prior to the adoption of any Local Law and by Resolution No.: 67, 2022 the Town Board
scheduled the public hearing and on Monday, February 141h, 2022 duly conducted the public
hearing, heard all interested parties and closed the public hearing, and
WHEREAS, the Town Board has considered the conditions and circumstances of the
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 382
proposed Local Law and wishes to consider adoption of Local Law No.:_ of 2022 as presented
at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby finds that the proposed changes
to the Town Zoning Code will not result in any large or important detrimental impacts
and will not have a significant adverse impact on the environment, and therefore declares
a Negative Declaration under SEQRA and authorizes the filing of the attached SEQRA
Negative Declaration - Notice of Determination of Non-Significance for this action, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby adopts Local Law No.:_ of 2021, "To Amend
Chapter 179 `Zoning' Of Queensbury Town Code To Allow Commercial Boat Sales, Services
And Storage In The Commercial Light Industrial (CLI) Zoning District By Site Plan Review,"
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
copy of this Resolution and a copy of the Local Law to the Town Planning Board, Town Zoning
Board of Appeals, Town Zoning Administrator and Warren County Planning Department in
accordance with §179-15-080(D) of the Town Zoning Law, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the 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.
Duly adopted this 141h day of February, 2022, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: None
LOCAL LAW NO.: 2 OF 2022
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBURY TOWN CODE TO ALLOW COMMERCIAL BOAT SALES, SERVICES
AND STORAGE IN THE COMMERCIAL LIGHT INDUSTRIAL (CLI) ZONING
DISTRICT BY SITE PLAN REVIEW
BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS.
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 383
Section 1. Intent; Authority — The Town Board seeks to allow commercial boat sales,
services & storage by site plan review in the Commercial Light Industrial zoning district. This
Local Law is adopted in accordance with the New York State Municipal Home Rule Law.
Section 2. Amendment to Zoning Law — Chapter 179 of the Queensbury Town Code
entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as
follows:
A. Attachment 4 entitled "Table 4: Summary of Allowed Uses in Industrial Districts" is hereby
amended as follows:
Veteran's Field Commercial Light
Heavy Industrial
Light Industrial Industrial
Industrial Use Table VF-LI CLI HI
Commercial Boat
SPR5
Sales/Service/Storage
5 CommercialBoat Storage shall be an accessory use and shall not exceed more than 30%
land area associated with the primary use of the lot in the Commercial Light Industrial
zoning district.
Section 3. 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 4. 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. In particular, this Local Law is
specifically intended to supersede the amended provisions of the current Town of Queensbury
Zoning Law.
Section 5. Effective Date—This Local Law shall take effect upon filing by the office of
the New York State Secretary of State or as otherwise provided by law.
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT -3 MINUTES)
ERIC SAGE, 140 Sunnyside North-Referred to Resolution No. 4.9, `Resolution Authorizing
Acceptance of Proposal and Engagement of Burden Aquatics for Provision of Herbicide
Treatment in Connection With Aquatic Vegetation Management Program for Lake Sunnyside'
and thanked the Board Members for their support over the years for the Lake Sunnyside
community. As President of the Association, the property owners and the advisory committee,
we very much support the use of chemicals.
SUPERVISOR STROUGH-Thank you for coming forward.
4.0 RESOLUTIONS
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 384
RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT
34TH ANNUAL SHAMROCK SHUFFLE 5-MILE ROAD RACE AND
LEPRECHAUN LEAP CHILDREN'S FUN RUN
RESOLUTION NO.: 75,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury Town
Board to conduct its 34th Annual Shamrock Shuffle 5-Mile 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
EVENT: 34th Annual Shamrock Shuffle Road Race
DATE Sunday,March 27th,2022 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 presented at this meeting);
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proper proof of
insurance from the Adirondack Runners Club to conduct its 34th Annual Shamrock Shuffle 5-Mile 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.
Duly adopted this 14th day of February,2022,by the following vote:
AYES Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES None
ABSENT: None
RESOLUTION AMENDING RESOLUTION NO.: 65, 2022 TO
CORRECT CAPITAL PROJECT NUMBER
RESOLUTION NO.: 76,2022
INTRODUCED BY: Mr.Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.George Ferone
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 385
WHEREAS,by Resolution No.: 65, 2022 the Queensbury Town Board authorized establishment of
the Luzerne Road Culvert Capital Project No.: 242; however, it should have been established and referred
to as Capital Project No.: 243 and therefore, the Town Board wishes to amend Resolution No. 65, 2022
accordingly,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby amends Resolution No.:65,2022 such that the
Luzerne Road Culvert Capital Project shall be established and referred to as Capital Project No.: 243 and
all references to account numbers for the Capital Proj ect shall be adjusted accordingly to reflect this correction,
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 65, 2022 in all other
respects.
Duly adopted this 14th day of February,2022,by the following vote:
AYES Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES None
ABSENT: None
RESOLUTION AND FINAL ORDER APPROVING GREATER QUEENSBURY
CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO.: 1 TO
SERVE PROPOSED 14-UNIT TOWNHOUSE PROJECT AND
OTHER NON-CONTIGUOUS PROPERTIES
RESOLUTION NO.: 77,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury Consolidated
Sanitary Sewer District to serve a proposed 14-unit townhouse style multi-family housing project to be
developed by Mountain Vista Properties (Developer) and located at 20 Newcomb Street as well as 26 non-
contiguous parcels located in various parts of the Town as follows:
Tax ID No: Address:
SBL#289.15-1-50 742 Bay Road
SBL#296.7-1-11 633 Bay Road
SBL#296.11-1-33 535 Bay Road
SBL#296.11-1-41 551 Bay Road
SBL#296.11-1-42 543 Bay Road
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 386
SBL#296.13-1-2 1 Lawton Road
SBL#296.13-1-3 5 Lawton Road
SBL#296.13-1-15 7 Sweet Road
SBL#296.13-1-16 9 Sweet Road
SBL#296.14-1-1 36 Sweet Road
SBL#296.14-1-12 25 Sweet Road
SBL#296.14-1-14 35 Sweet Road
SBL#296.14-1-24 113 Sweet Road
SBL#296.15-1-1 148 Sweet Road
SBL#296.15-1-23 425 Bay Road
SBL#296.15-1-27 445 Bay Road
SBL#296.18-1-7 122 Sweet Road
SBL#296.18-1-19 106 Sweet Road
SBL#296.18-1-25 80 Sweet Road
SBL#296.18-1-34 42 Sweet Road
SBL#296.18-1-35 38 Sweet Road
SBL#296.69-1-5 1 Queens Way
SBL#309.11-2-24 13.5 Luzerne Road
SBL#309.11-2-25 13 Luzerne Road
SBL#309.11-2-31 7 Luzerne Road
SBL#309.17-1-11 363 Big Bay Road
collectively referred as the "Properties"in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map,Plan and Report(Map,Plan and Report)has been prepared by Environmental
Design Partnership, LLP concerning the proposed Sanitary Sewer District Extension No.: 1 (Extension) to
connect the proposed Properties to the existing Greater Queensbury Consolidated Sanitary Sewer District
as more specifically set forth and described in the Map,Plan and Report, and
WHEREAS, the Map, Plan and Report has been accepted by the Town and has been filed in the
Queensbury Town Clerk's Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Extension, a
general plan of the proposed system, a report of the proposed method of operation, all outlets and the
terminus and course of each proposed main sewer or drain together with the location and a general
description of all sewage disposal plants,pumping stations and other public works,if any, and is consistent
with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General
Municipal Law §99-f, and
WHEREAS, as Lead Agency, the Queensbury Planning Board conducted a State Environmental
Quality Review Act (SEQRA) Review, with the Project being an Unlisted Action, of Site Plan 35-2021
Chris Racicot for construction of the 14-unit townhouse style multi-family housing project, and issued a
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 387
SEQRA Negative Declaration for this Project and associated work, specifically including this sewer
construction Project, and
WHEREAS, on December 20th, 2021 subsequent to the filing of the Map, Plan and Report with the
Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the boundaries of the
proposed Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for
the improvements; (d) the fact that all costs of the improvements will be paid for by the property owner and
not the Town of Queensbury; (e)the estimated cost of hook-up fees (if any) and the estimated annual cost of
the Extension to the properties in the Extension; (f)the proposed method of financing to be employed; (g)the
fact that a Map,Plan and Report describing the improvements is on file in the Town Clerk's Office;and(h)the
time and place of a public hearing on the proposed Extension; and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with
the Office of the State Comptroller, all as required by law, and also placed on the Town's website, and
WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the
estimated cost of hook-up fees(if any)and the cost of the Extension to the properties were computed was filed
with the Town Clerk for public inspection as part of the Map,Plan and Report, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with
the Office of the State Comptroller, all as required by law, and
WHEREAS, the estimated annual cost of the Extension to the parcels has been filed with the Town
Clerk and is made a part of the Map,Plan and Report, and
WHEREAS,apublic hearing on the proposed Extension was duly held on Monday,January loth,2022
and the Town Board considered the evidence given together with other information, and
WHEREAS, on January loth, 2022 the Town Board adopted Resolution No.: 43, 2022 determining
that(a)the Order scheduling the Public Hearing was published and posted as required by law and was otherwise
sufficient, (b) all of the property and property owners within the proposed Extension would be benefited
thereby,(c)all of the property and property owners benefited are included within the boundaries of the proposed
Extension, and(d)it is in the public interest to establish, authorize, and approve the Extension as described in
the Map,Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties
of the Extension to be as described in the Map,Plan and Report and Public Hearing Order,subject to Permissive
Referendum in the manner provided in New York State Town Law Articles 7 and 12-A and subject to certain
conditions specified in the Resolution, and
WHEREAS, the Town Clerk duly posted and published the notice required for resolutions subject to
Permissive Referendum and no Petition for Referendum was filed within 30 days after the date of the
Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of the County
Clerk, and
WHEREAS, the permission of the State Comptroller is not required in accordance with Town Law
§209-f, and
WHEREAS,the Town Board wishes to establish the proposed Extension as detailed in the Map,Plan
and Report in accordance with New York State Town Law Article 12-A,
NOW, THEREFORE, IT IS HEREBY
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 388
ORDERED, that the Greater Queensbury Consolidated Sanitary Sewer District Extension No. 1 be
established as described in this Order and in the Map, Plan and Report prepared by Environmental Design
Partnership,LLP having extension boundaries as detailed in the metes and bounds description from the Town's
Public Hearing Order Resolution No.: 426, 2021 dated December 20th, 2021 and attached hereto as Schedule
A and the improvements described in the Map, Plan and Report be constructed and the service within the
District be provided upon the required funds being made available or provided for, and it is
FURTHER ORDERED, that the Queensbury Town Clerk is hereby authorized and directed to cause
a certified copy of this Order to be duly recorded in the Warren County Clerk's Office and to be filed in the
Office of the New York State Department of Audit and Control in the time and manner required by law, and it
is
FURTHER ORDERED,that the Queensbury Town Board authorizes and directs the Town Supervisor,
Town Clerk, Wastewater Director and/or Town Counsel to take all other actions necessary to effectuate the
terms of this Resolution.
Duly adopted this 14th day of February, 2022,by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
SCHEDULE A — Metes and Bounds Description
Sewer Services descripts over all those certain tracts, pieces or parcels of land situate in the Town of
Queensbury, County of Warren, State of New York,lying along the westerly and easterly line of Newcomb
Street and being further bounded and described as follows:
Parcel"A"—Newcomb Street Sewer District Extension
Beginning at the point of intersection of the westerly line of Newcomb Street and the common division
line of SBL#309.10-2-68 to the south and SBL#309.10-2-67 to the north;
Thence from said Point of Beginning along said common division line, in a general easterly direction, to
a point of intersection of said common division line and the intersection of the northwesterly corner of
SBL#309.10-2-71 and the southwesterly corner of SBL#309.10-2-46;
Thence along the common division line of SBL#309.10-2-67 and SBL#309.10-2-66 generally to the west
and SBL#309.10-2-46 generally to the east;
Thence along the common division line of SBL#309.10-2-66 to the south and SBL#309.10-2-47 to the
north in a general westerly direction to a point, said point being the southeast corner of SBL#309.10-2-65
and the southwest corner of SBL#309.10-2-47 and the northern boundary of SBL#309.10-2-66;
Thence along the easterly line of SBL#309.10-2-65, SBL#309.10-2-64 and SBL#309.10-2-63 to the west
and SBL#309.10-2-47 and SBL#309.10-2-48 to the east in a general northerly direction, to a point of
intersection, said intersection point being the northeast corner of SBL#309.10-2-63 and the Southeast
corner of SBL#309.10-2-62;
Thence along the common division line of SBL#309.10-2-63 to the south and SBL#309.10-2-62 to the
north in a general westerly direction,to a point of intersection of said common division line and the easterly
line of Newcomb Street;
Thence diagonally across the Newcomb Street Right of Way in a generally southwesterly direction to a
point, said point being the common intersection of the western Right of Way of Newcomb Street and the
northeastern corner of SBL#309.101-60;
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 389
Thence along the common division line of SBL#309.10-1-60 and SBL#309.10-1-63 to the south and
SBL#309.10-1-64 to the north in a general westerly direction, to a point of intersection of said common
division line and the easterly line of SBL#309.10-1-79;
Thence along the common division line of SBL#309.10-1-63 to the east and SBL#309.10-1-79 to the west
in a general southerly direction,to a point of intersection of said common division line and the northeasterly
corner of SBL#309.10-1-51 and the northwesterly corner of SBL#309.10-1-52;
Thence along the common division line of SBL#309.10-1-63 and SBL#309.10-1-60 to the north and
SBL#309.10-1-52, SBL#309.10-1-53, SBL#309.10-1-55, SBL#309.10-1-56 and SBL#309.10-1-57 to the
south in a general easterly direction, to a point of intersection of said common division line and the
northwesterly corner of SBL#309.10-1-57 and SBL#309.10-1-60;
Thence along the common division line of SBL#309.10-1-57 to the west and SBL#309.10-1-60 to the east
in a generally southerly direction to a point, said point being a corner of said parcels,
Thence along the common division line of SBL#309.10-1-57 and SBL#309.10-1-59 to the south and
SBL#309.10-1-60 to the north in a general easterly direction, to a point in the westerly line of Newcomb
Street Right of Way;
Thence generally southeasterly across Newcomb Street Right of Way to the point of beginning.
The above described Sewer Service District Extension is intended to include all of those parcels as contained
within the above described area as shown on the Warren County Real Property Tax Map in the Town of
Queensbury,NY and is not intended for the conveyance of Real Property.
RESOLUTION AUTHORIZING CONSENT TO LAKE GEORGE PARK
COMMISSION BEING DESIGNATED AS LEAD AGENCY FOR
PURPOSES OF FULFILLING SEQRA REQUIREMENTS RELATIVE TO
ESTABLISHMENT OF LAKE GEORGE PARK COMMISSION
WASTEWATER MANAGEMENT REGULATIONS
RESOLUTION NO.: 78,2022
INTRODUCED BY: Mr.Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.George Ferone
WHEREAS, in accordance with the State Environmental Quality Review Act (SEQRA), the Lake
George Park Commission (Park Commission) has notified the Queensbury Town Board that the Park
Commission is seeking Lead Agency status for the purposes of fulfilling the SEQRA requirements relative to
new Lake George Park Commission Regulations 6 NYCRR 646-3 Wastewater Management regarding the
development of new wastewater standards for the Lake George Basin related to a potential septic inspection
program(the"PrQj ect")as set forth in the Park Commission's January 28,2022 letter presented at this meeting,
and
WHEREAS,the Park Commission has requested that the Town Board consent to the Park Commission
being designated as Lead Agency, and the Town Board has concluded that the Park Commission is the most
involved agency and should be Lead Agency for the purposes of SEQRA review relating to the Project, and
WHEREAS, the Town Board wishes to therefore provide such consent by execution of the Lead
Agency Response Form presented at this meeting,
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 390
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes, directs and consents to the Lake
George Park Commission acting as Lead Agency for SEQRA review relative to new Lake George Park
Commission Regulations 6 NYCRR 646-3 Wastewater Management regarding the development of new
wastewater standards for the Lake George Basin related to a potential septic inspection program and authorizes
and directs the Town Supervisor to execute the Lead Agency Response Form substantially in the form
presented at this meeting, submit it to the Park Commission and take any other actions necessary to effectuate
the terms of this Resolution.
Duly adopted this 14th day of February,2022,by the following vote:
AYES Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ESTABLISHMENT OF
DEPUTY ASSESSOR POSITION AND APPOINTMENT OF
GREG FRANCE AS DEPUTY ASSESSOR
RESOLUTION NO.: 79,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Assessor has advised the Town Board that the Data
Collector/Appraiser in the Town Assessor's Office will be retiring in the spring of 2022, and
WHEREAS, the Town Assessor has therefore recommended that the Town Board authorize the
establishment of a full-time, overtime eligible position of Deputy Assessor as set forth in the Warren County
Department of Personnel and Civil Service's Deputy Assessor Job Description presented at this meeting and
appointment of a Deputy Assessor to provide for ample training time in advance of the current Data
Collector/Appraiser's impending retirement, and
WHEREAS, the Town Assessor has reviewed resumes, conducted interviews of candidates and has
recommended Greg France for appointment, and
WHEREAS,the Town Board wishes to authorize the establishment of the position of Deputy Assessor
and appointment of Mr.France as Deputy Assessor, and
WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town
Board must approve the appointment of Town employees' relatives, and Mr. France is the husband of
Assistant Parks and Recreation Director,Jennifer Baertschi-France,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the establishment of the full-time,
overtime eligible position of Deputy Assessor for the Town of Queensbury, and
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 391
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the appointment of Greg France as Deputy
Assessor at the annual salary of $60,000 effective on or about February 15th, 2022 subject to the Town
successfully completing a pre-employment physical and background checks as reasonably necessary to
Judge fitness for the duties for which hired, drug and/or alcohol screenings, and Mr. France's successful
completion of a 90 day probationary period,with such appointment to be on a provisional basis until such time
as Mr.France places successfully on the Civil Service examination for the Deputy Assessor position and meets
any other applicable Civil Service requirements, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs a $5,000 increase in Mr. France's
annual salary upon his successful placement on such Civil Service examination, and
BE IT FURTHER,
RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Town Assessor
and/or Town Budget Officer to complete any documentation and take such other and further actions as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 14th day of February,2022,by the following vote:
AYES Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF RIKKI LEFEBVRE AS
FULL-TIME MECHANIC FOR TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 80,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town Board that
there is currently a vacancy in a full-time Mechanic position in the Highway Department, and
WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes and
has made a hiring recommendation to the Town Board to hire Rikki Lefebvre,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Rikki
Lefebvre as a full-time Mechanic in the Town's Highway Department effective on or about February 15th,2022
subject to Mr. Lefebvre's successful passing of a pre-employment physical as required by Town Policy and
successful completion of a twenty-six (26) week probationary period, and contingent upon the Town
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 392
successfully completing background checks as reasonably necessary to judge fitness for the duties for which
hired and drug and/or alcohol screening, and
BE IT FURTHER,
RESOLVED, that Mr. Lefebvre shall be paid at the hourly rate of pay for the Mechanic position as
delineated in the Town's current Agreement with the Civil Service Employees Association, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway
Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate
the terms of this Resolution.
Duly adopted this 14th day of February,2022 by the following vote:
AYES Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES None
ABSENT: None
RESOLUTION SETTING HEARING CONCERNING
UNSAFE STRUCTURE LOCATED AT 27 INDIANA AVENUE
AND OWNED BY WAYNE ALLEN
RESOLUTION NO.: 81,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement(Director)has
inspected a single family dwelling("structure")located at 27 Indiana Avenue in the Town of Queensbury(Tax
Map No.: 309.13-1-7) and owned by Wayne Allen and found that it is uninhabitable and condemned due to
the severity of a fire that occurred on December 3rd,2021, and
WHEREAS, by letter dated December 6, 2021, the Director advised the property owner that the
property owner must take appropriate measures to either board up and secure or demolish the structure but no
action has yet been taken by the property owner, and
WHEREAS, the Director has advised the Town Board that in his opinion the structure is dangerous
and unsafe to the general public and therefore would like the Town Board to authorize certain actions if the
owner does not come forward to arrange for the boarding up/securing or demolition of the structure, and
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 393
WHEREAS,in accordance with Queensbury Town Code Chapter 60 and New York State Town Law
§130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and
dangerous,and if so,order that notice be served upon the owner or other persons interested in the property that
the structure must be boarded up/secured or demolished,
NOW, THEREFORE, BE IT
RESOLVED,that after reviewing the evidence presented at this time,the Queensbury Town Board is
of the opinion that the structure located at 27 Indiana Avenue in the Town of Queensbury (Tax Map No.:
309.13-1-7)and owned by Wayne Allen appears to be in disrepair, dangerous and unsafe to the public, and
BE IT FURTHER,
RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and unsafe
structure on Monday, March 7th, 2022 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road,
Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes
Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal
representatives, agents, lessees, or any person having a vested or contingent interest in the property, the
contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code
Chapter 60 and New York State Town Law§130(16).
Duly adopted this 14th day of February,2022,by the following vote:
AYES Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. OF 2022 TO AMEND THE QUEENSBURY TOWN
CODE BY REPEALING CURRENT CHAPTER 113 ENTITLED,
"MOBILE HOME PARKS" AND REPLACING IT WITH A NEW CHAPTER
113 ENTITLED, "MANUFACTURED HOME PARKS"
RESOLUTION NO.: 82,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 394
WHEREAS,the Queensbury Town Board wishes to consider adoption of Local Law No.: of 2022
to repeal current Queensbury Town Code Chapter 113 entitled, "Mobile Home Parks," and replace it with a
new Chapter 113 entitled "Manufactured Home Parks," to provide safeguards and protection for the safety,
health and welfare of the occupants of manufactured homes and to regulate certain uses of motor homes
and/or campers within the Town of Queensbury, and
WHEREAS,this legislation is authorized in accordance with New York State Town Law§130, 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 hold a Public Hearing on Monday, March 7ch
2022 at 7:00 p.m. to consider proposed Local Law No.: of 2022 and to hear all interested persons, and
at that time may take any other actions authorized by law concerning proposed Local Law No.: of 2022,
and
BE IT FURTHER,
RESOLVED,that the Town Clerk is hereby authorized and directed to publish and post legal notice
of the Public Hearing on proposed Local Law No.: of 2022 in the manner provided by law, and shall
make a copy of the proposed Local Law available for public inspection in the Town Clerk's office following
the adoption of this Resolution and until the Public Hearing is closed.
Duly adopted this 14th day of February,2022,by the following vote:
AYES Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ACCEPTANCE OF PROPOSAL
AND ENGAGEMENT OF BURDEN AQUATICS FOR PROVISION OF
HERBICIDE TREATMENT IN CONNECTION WITH THE AQUATIC
VEGETATION MANAGEMENT PROGRAM FOR LAKE SUNNYSIDE
RESOLUTION NO.: 83,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 273, 2012, the Queensbury Town Board adopted its Final Order
authorizing, approving and establishing the Lake Sunnyside Aquatic Plant Growth Control District, and
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 395
WHEREAS, by Resolution No.: 310, 2021, the Town Board adopted the Lake Sunnyside Aquatic
Plant Growth Control District Benefit Tax Roll for 2022, and
WHEREAS, by Resolution No.: 35, 2022, the Town Board appointed (5)persons who are property
owners within the District and/or Protective Association of Lake Sunnyside (PALS) members, to the Lake
Sunnyside Aquatic Plant Growth Control District Advisory Committee(Committee), and
WHEREAS, the Town Purchasing Agent requested and received proposals for professional services
for an Aquatic Vegetation Management Program and herbicide treatment of Lake Sunnyside, and
WHEREAS, the Purchasing Agent and the Committee reviewed the two (2) received proposals and
have recommended that the Town Board authorize engagement of Burden Aquatics for the Aquatic Vegetation
Management Program for an amount of$27,150, such Program to provide for herbicide treatment for control
of Eurasian water milfoil within portions of Lake Sunnyside, and
WHEREAS, a copy of Burden Aquatics' February 7th,2022 proposal is presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes engagement of Burden Aquatics for
an Aquatic Vegetation Management Program for Lake Sunnyside in 2022, such Program to provide for
herbicide treatment for control of Eurasian water milfoil within portions of Lake Sunnyside,in accordance with
Burden Aquatics' February 7th, 2022 proposal presented at this meeting, up to a total cost of$27,150, which
includes Burden Aquatics' administration of the liquid formulation ProcellaCOR EC aquatic herbicide, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses
incurred from appropriations in the Lake Sunnyside Misc. Contractual Account No.: 052-8790-4400 not to
exceed$27,150 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 Budget Officer to take all
actions to amend the Town Budget and transfer$15,500 from the Lake Sunnyside Undesignated, Unassigned
Fund Balance to the Lake Sunnyside Misc. Contractual Account No.: 052-8790-4400 and increase the budget
by such amount, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the
Proposal and any other needed documentation and the Town Supervisor, Town Budget Officer and/or Town
Purchasing Agent to take any and all actions necessary to effectuate the terms of this Resolution.
Duly adopted this 14th day of February,2022,by the following vote:
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 396
AYES Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING APPOINTMENT OF JOHN O'BRIEN AS
ACTING DIRECTOR OF BUILDING AND CODES ENFORCEMENT AND
ACTING SPECIAL MANDATE COMPLIANCE OFFICER
RESOLUTION NO.: 84,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, David Hatin, the Town of Queensbury's Director of Building and Codes Enforcement
for over 33 years,has submitted his resignation effective February 25th,2022, and
WHEREAS, Mr. Hatin has also served as the Town's Special Mandate Compliance Officer since the
position was established in accordance with Resolution No.: 35,2021, and
WHEREAS, the Town Board wishes to acknowledge Mr. Hatin's dedicated years of exemplary
service to the Town of Queensbury and accept his retirement, and
WHEREAS, the Town Board wishes to authorize the appointment of current Building and Codes
Enforcement Officer John O'Brien as the Town's Acting Director of Building and Codes Enforcement and
Acting Special Mandate Compliance Officer effective as of Mr. Hatin's retirement at the close of business on
February 25th,2022, and
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes the appointment of current Building
and Codes Enforcement Officer John O'Brien as Acting Director of Building and Codes Enforcement at an
annual salary of$68,682 effective as of David Hatin's retirement at the close of business on February 25th
2022 on a provisional basis until such time as Mr.O'Brien meets any and all Civil Service requirements for the
position, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the appointment of Mr. O'Brien as
Acting Special Mandate Compliance Officer effective as of Mr. Hatin's retirement with an annual stipend for
the position in the amount of$5,125 to be paid to Mr. O'Brien in addition to his annual salary for the full-time
Acting Director of Building and Codes Enforcement position, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 397
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Director of
Building and Codes Enforcement and/or Budget Officer to complete any forms and take any action necessary
to effectuate the terms of this Resolution.
Duly adopted this 14th day of February,2022 by the following vote:
AYES: Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT
ADIRONDACK 15K RACE TO THE LAKES
RESOLUTION NO.: 85,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury Town
Board to conduct its Adirondack 15k Race to the Lakes as follows:
SPONSOR The Adirondack Runners Club
EVENT Adirondack 15k Race to the Lakes
DATE Saturday,June 25th,2022 commencing at approximately
7:30 a.m.
PLACE Beginning at SUNY Adirondack and ending at Battlefield Park in
Lake George—course partially within the Town of Queensbury
(letter regarding race course presented at this meeting)
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proper proof of
insurance from the Adirondack Runners Club to conduct its Adirondack 15k Race to the Lakes 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.
Duly adopted this 14th day of February,2022,by the following vote:
AYES: Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES: None
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 398
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF
C.T. MALE ASSOCIATES TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES RELATED TO
JENKINSVILLE WELL SUPPLY INVESTIGATION
RESOLUTION NO.: 86,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board wishes to engage the professional environmental
engineering services of C.T.Male Associates to complete a desktop study related to a well supply investigation
for the Jenkinsville area as delineated in C.T. Male Associates' proposal dated February 4, 2022 presented at
this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T.
Male Associates for the provision of professional engineering services to complete a desktop study related to a
well supply investigation for the Jenkinsville area for an amount not to exceed $2,900 as delineated in C.T.
Male Associates'proposal dated February 4,2022 presented at this meeting, and
BE IT FURTHER,
RESOLVED, that such services shall be paid for from Consultant Account No.: 001-
1440-4720-009, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the
proposal and/or any necessary documentation and the Town Supervisor, Water Superintendent, Transfer
Station Supervisor and/or Town Budget Officer to take all actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 14th day of February,2022,by the following vote:
AYES: Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OR DISPOSAL OF OBSOLETE EQUIPMENT
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 399
RESOLUTION NO.: 87,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS,in accordance with New York State Town Law§64(2),the Queensbury Town Board may
authorize the sale of items which are no longer needed by the Town or obsolete, and
WHEREAS,the Town's Budget Officer requested that Town Departments advise of any surplus items
in their respective Departments and the Town Budget Officer did receive lists of items from various
Departments which are considered to be surplus, and
WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did
not receive any requests from the Departments for such surplus items and therefore has requested Town Board
authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus
property, or, if deemed unsafe and/or inoperable by the Department Manager(s), to be sold or disposed of as
scrap, and
WHEREAS,the following is the list of surplus items provided by the various Town Departments:
server Water 9203
jetpack miff 7730L Recreation 9400
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that
are no longer needed by the Town or obsolete by using the auction company GovDeals to dispose of such
surplus property, or,if deemed unsafe and/or inoperable by the Department Manager(s),to be sold or disposed
of as scrap, as follows:
server Water 9203
jetpack miff 7730L Recreation 9400
and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of
auction company GovDeals to sell/dispose of the surplus item(s)and all Town proceeds from the sales shall be
deposited into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New
York State Laws, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 400
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or
Purchasing Agent to accept or reject any bids received online for any online auction bids, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Budget
Officer,Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate
the terms of this Resolution.
Duly adopted this 14th day of February,2022,by the following vote:
AYES: Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF
PICK-UP TRUCK FOR TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 88, 2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, in accordance with Resolution No.: 425, 2021, the Town of Queensbury's
Purchasing Agent provided specifications to the New York State Office of General Services
Procurement Program and published an advertisement for bids for a 2021 or newer extended cab or
crew cab pick-up truck for the Highway Department to replace a year 2009 F150 pick-up truck with
141,000 miles on it(Town Asset No.: 8817), and
WHEREAS, the Purchasing Agent opened the four(4)received bids, and
WHEREAS, the Highway Superintendent and Purchasing Agent reviewed the bids and
have recommended that the Town Board authorize the bid award for a 2021 RAM 1500
Tradesman truck to the lowest, responsible bidder, Falls Dodge, Inc., for an amount not to
exceed $30,994.20, and
WHEREAS, the Highway Superintendent has requested authorization to purchase needed
ancillary equipment to make the truck Highway Department ready for a total amount not to
exceed $2,000,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 401
RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for a
2021 RAM 1500 Tradesman truck to the lowest, responsible bidder, Falls Dodge, Inc., for an
amount not to exceed $30,994.20, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Highway
Superintendent to purchase needed ancillary equipment to make the truck Highway Department
ready for an additional amount not to exceed $2,000, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such
purchase shall be by a transfer of $30,994.20 from the Highway Department's undesignated,
unassigned fund balance Account No.: 004-0000-0909 to Vehicles Account No.: 004-5130-2020
and the Town Budget Officer shall amend the 2022 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,Purchasing Agent and/or Town Budget Officer to take any and all action
necessary to effectuate the terms of this Resolution.
Duly adopted this 141h day of February, 2022, by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION RESCINDING RESOLUTION NO.: 334, 2021
REGARDING THE MANDATING OF USE OF MASKS
IN CERTAIN CIRCUMSTANCES
RESOLUTION NO.: 89,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS,by Resolution No.: 334,2021, the Queensbury Town Board required Town employees
to wear masks in certain circumstances due to the increased number of COVID-19 cases in Warren County,
and
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 402
WHEREAS, New York State Governor Kathy Hochul has announced that the Statewide indoor
business mask-or-vaccine requirement that was implemented in December, 2021 has been lifted as of
February loth, 2022 and it will remain optional for businesses, local governments and counties to opt into
such requirement should they choose to do so, and
WHEREAS,the Town Board has considered current trends regarding the number of COVID-19 cases
in the area as well as its options, and wishes to accordingly rescind Resolution 334,2021,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby rescinds Resolution No.: 334,2021, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to notify
Town employees regarding adoption of this Resolution and take any other actions necessary to effectuate
all terms of this Resolution.
Duly adopted this 14th day of February,2022,by the following vote:
AYES: Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING CHANGE IN COMPREHENSIVE
TELECOMMUNICATIONS SERVICES RENEWAL CONTRACT
WITH FIRST LIGHT FIBER
RESOLUTION NO.: 90,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS,by Resolution No.: 171,2020,the Queensbury Town Board authorized the renewal of a
Comprehensive Telecommunication Services Contract with First Light Fiber(First Light)in accordance with
New York State TCS Contract Pricing 9PS68696, Group 977017, Award 923100, and
WHEREAS, the Town's technology services provider, StoredTech Technology Solutions, Inc.,
(StoredTech)has recommended that the Town authorize the integration of an ELAN/POTS line to the Town's
Highway Department Storage Building on Big Bay Road to provide for connectivity, and
WHEREAS, this change will increase the Town's bill by $400 monthly, and
WHEREAS,the Town Board wishes to authorize such change to its Contract with First Light,
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 403
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the change in its renewal of a
Comprehensive Telecommunication Services Contract with First Light Fiber in accordance with New York
State TCS Contract Pricing 9PS68696, Group 977017, Award 923100 and as set forth in First Light Fiber's
Service Order Dated 02/10/2022 substantially in the form presented at this meeting and to be paid for from the
appropriate account(s) as may be determined by the Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town
Budget Officer to complete/sign the Service Order substantially in the form presented at this meeting and/or
any other necessary documentation and take such other and further actions as may be necessary to effectuate
the terms of this Resolution.
Duly adopted this 14th day of February,2022,by the following vote:
AYES: Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES: None
ABSENT: None
RESOLUTION TO AMEND 2021 TOWN BUDGET
RESOLUTION NO.: 91,2022
INTRODUCED BY: Mr. Timothy McNulty
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 2021 Town Budget as follows:
To
Code Appropriation Code Appropriation $
001-1440-4720 Consultant 001-3310-4800 Eq. Repairs 5,200
001-1440-4720 Consultant 001-5132-4500 Heating Fuel 3,000
001-9060-8060 Health Insurance 001-7110-4230 Purchase of Water 550
Increase Revenue
001-0000-53820 Youth Program 3,375
Increase Appropriation
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 404
001-7110-4824 Recreation Programs 3,375
Duly adopted this 14th day of February,2022 by the following vote:
AYES: Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDITS OF BILLS -
WARRANTS: 02022022 AND 02152022
RESOLUTION NO.: 92,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as
Warrants: 02022022 and 02152022 with run dates of. 02/02/2022 and 02/10/2022 and payment dates o£
02/02/2022 and 02/15/2022,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills presented
as Warrants: 02022022 and 02152022 with run dates of. 02/02/2022 and 02/10/2022 and payment dates o£
02/02/2022 and 02/15/2022 totaling $392,938.70 and$686,454.83 respectively, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town
Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this
Resolution.
Duly adopted this 14th day of February,2022,by the following vote:
AYES: Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING WEST GLENS FALLS EMERGENCY
SQUAD INC.'S PURCHASE OF CERTAIN MEDICAL EQUIPMENT /
STRETCHERS FROM STRYKER MEDICAL
RESOLUTION NO.: 93,2022
INTRODUCED BY: Mr. Timothy McNulty
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 405
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS,the Town of Queensbury and the West Glens Falls Emergency Squad,Inc. (Squad)have
entered into an Agreement for emergency protection services for 2022 (Agreement) 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 incur debt of any amount or purchase any piece of apparatus, equipment, vehicles, real
property, or make any improvements thereon with a value of $50,000 or more without prior approval by
Resolution of the Queensbury Town Board, and
WHEREAS, the Squad has advised that it wishes to purchase certain stretchers and related medical
equipment from Stryker Medical for a sum not to exceed $152,894.22 from funds included in the Squad's
approved Agreement and budget, and
WHEREAS, the Town Board feels that this new equipment will provide additional safety protection
for the Town and therefore the Town Board wishes to authorize such purchase,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency
Squad, Inc.'s purchase of stretchers and related medical equipment from Stryker Medical for a sum not to
exceed $152,894.22 from funds included in the Squad's approved 2022 emergency protections services
Agreement with the Town and budget, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town
Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
Duly adopted this 14th day of February,2022,by the following vote:
AYES: Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES: None
ABSENT: None
5.0 CORRESPONDENCE-NONE
6.0 PRIVILEGE OF THE FLOOR(LIMIT-4 MINUTES)
TONY GEER,Fort Ann-Spoke regarding short-term rentals and questioned how the town will enforce and be
fair to all.
COUNCILMAN FREER-Noted that the Town will be holding a public hearing and he would be happy to share
with her what the town is proposing.
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 406
JENNY RYAN (via zoom), 8 Hall Road Extension-Spoke regarding short-term rentals and the proposed
limitation of days.
MIKE CANALE-Spoke on behalf of his girlfriend who owns property on Jenkinsville Road and himself as a
property owner on Bay Road regarding their short-term rentals.
COUNCILMAN FREER-Noted that the proposal is before legal for review and again the Town will conduct
a public hearing.
ALEXIS TAYLOR(via zoom),Lake Sunnyside-Spoke regarding Airbnb and short-term rentals.
SHARON HARRIS LOWELL, Chestnut Ridge Road-Spoke regarding her Airbnb, short-term rentals and
long-term rentals that she does.
JOHN WOODHOUSE, Queensbury-Spoke regarding short-term rentals and noted concerned with the
restrictions.
DAVE DISANTO, 31 Marley Way, Queensbury-Spoke regarding short-term rentals.
TRACY TAYLOR,Part-time resident of Glen Lake spoke regarding his neighbor who has a short-term rental
and he has never had a negative experience from that short-term rental.
KATELYN MOSKOS, Owner of Northern Living which offers short-term rentals. Noted that if it's done in
the right manner,it can be a huge benefit to the community and has never received negative feedback.
TOM HEINZELMAN, Queensbury spoke regarding short-term rentals.
7.0 TOWN BOARD DISCUSSIONS
COUNCILMAN MCNULTY(WARD IV)
• Announced that the ongoing traffic study on Corinth Road had some updates this week, we
should be getting something within the next month on that study.
COUNCILMAN FERONE(WARD III)
Noted that someone took out one of the speed signs off Burke Drive. The Sheriff did find a
report that there was an accident there. The purpose for the speed sign was to slow cars
coming out of Burke Drive. Our Highway Superintendent is working on a replacement.
COUNCILMAN FREER(WARD II)
• Referred to the recent tragic death of the seventy-three year old lady, too close to home and
urged people to be cautious with the snow.
• Noted that he appreciates the feedback with respect to the short-term rental discussions. I
think the Post Star's article was accurate, we are looking for feedback. We're under no
obligation to do an all or nothing or do anything so let's continue the feedback. Let's get out
of here, it's Valentine's Day.
COUNCILMAN METIVIER(WARD I)—Nothing to Report
SUPERVISOR STROUGH
• Announced that the Town is sponsor of a huge Department of State grant,which is responsible
for the development of an environmental study called the Lake George Action Plan.It is called
an action plan because the Southern Basin of Lake George is impaired. Noted upcoming
meeting at the Activities Center February 17'h at 6:30pm. This is a community workshop on
the Lake George Watershed Action Plan and they are looking to get input from the public.
The meeting is going to be right here.
• Announced that there is a benefit fundraiser for Brian Glasser March I I'h- March 15''. Brian
is battling with a real serious health issue. The Bay Ridge Rescue Squad Facebook page
provides more information regarding this event.
REGULAR TOWN BOARD MEETING, 02-14-2022, MTG#5 407
• Received thank you letter from Don Krebs for my recent presentation given to the Rotary. He
stated that it was a great presentation providing a better understanding of what the citizens
need to know about their local government. The presentation was about making people aware
of how many aspects of their lives and their everyday living is Town Government; Road
Safety, Parks and Rec, Marriage, Records, Town Board Meetings, Laws, it goes on and on.
He thanked us for all this work, and my presentation helped many others know about all the
things that we try and do for them.
• Announced his presentation given last week to the Lake George Regional Chamber of
Commerce and CBB last week. I enjoy doing them and I think they enjoy hearing of all the
work our local government does.
• Attended a couple of Fire Banquets and would like to recognize all of the volunteers within
our five Fire Companies and three EMS Squads. George and I have been working on the
EMS contracts, I think we are pretty close. We are going to focus this year on getting paid
services under way. The Town Board will see contracts at our March 7 h meeting,we will be
setting public hearings.
• Noted that this building is also called the Queensbury Senior Center and recommended if you
are 55 and up,to become a member. If you go online to the Queensbury Seniors and you can
view all that they offer,they have many activities and trips.
• Announced that the Town's losses,time off claims starting in 2010 and then in 2014, it went
down. This Town Board encourages safe, safety for our employees. We are hiring a firm to
continue to help us make employee safety number one.
• Announced a new safety-reporting website and would like to thank Sheriff Jim LaFarr and
his Deputy Terry Comeau for being very proactive in creating a new traffic reporting safety
website.
• Thanked everyone for attending; Look TV 8 Joel Barlow and Jesse Jackson, Town Counsel
Bob Hafner, Betty and Colleen from the Town Clerk's Office and Town Board.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 94, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
RESOLVED,that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this 141h day of February, 2022, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: None
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY
MINUTES PREPARED BY COLLEEN RATHBUN, DEPUTY TOWN CLERK I