04-18-2022 MTG #12 Regular Town Board Meeting, 04-18-2022, MTG 912 530
REGULAR TOWN BOARD MEETING MTG#12
APRIL 18, 2022 RES. #146-166
7:00 P.M. BOH #33-38
TOWN BOARD MEMBERS PRESENT
SUPERVISOR 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 COUNCILPERSON TIM MCNULTY
1.0 BOARD OF HEALTH
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 146, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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 181h day of April, 2022, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: None
PUBLIC HEARING—Sewage Disposal Variance Application of Roseanne Weissel
PUBLICATION DATE: April 8, 2022
SUPERVISOR STROUGH reviewed proposed two variance requests.
QUINN ROESCH-I am Quinn Roesch with Studio A, here to represent Roseanne Weissel. So,
like you said, I am here to request the approval of the septic variances for a proposed holding
tank and a well on this property. The property is located on the east side of Warner Bay. It's
currently developed with a two bedroom house and one bedroom storage shed, so that's a total of
three bedrooms. The site is currently serviced by a wastewater treatment system consisting of
some form of a seepage pit of unknown capacity. The site was formerly serviced by a shared
serviced water extraction line from Lake George and they shared it with the northern adjoining
property. That property owner has since retracted that shared line so the property now has no
potable water service. So the property owner has requested that she gets a drilled well versus
extraction from the surface water. The property right now it slopes down from the east to Lake
Regular Town Board Meeting, 04-18-2022, MTG 912 531
George. It's kind of gradual towards the road but then as you get towards the house, there's a lot
of exposed bedrock and very steep slopes and then after the house, there's also extremely steep
slopes and exposed bedrock. So that's why we're proposing the use of holding tanks because it's
not exactly feasible to install a subsurface system for this site. The holding tanks present a better
alternative than seepage pits that is already there. The area that we're putting the proposed well,
it's towards the road and we have two septic systems on both sides of the property. On the
northern side, that's the one that we're requesting the variance for, it's less than a hundred feet
away. Matt has talked with, or he did talk with Dave Hatin about this one. They're pretty certain
that it's about ninety feet away from where we are proposing the well but they couldn't get a
hold of the property owners. After several attempts to identify it in the field, so we're requesting
a variance for seventy foot variance just to cover,you know conservatively whereever that field
might be. But we do cover the hundred feet requirement from the adjoining property on the
south. And then also from a holding tank, you only need fifty feet and we do cover that for the
proposed well and the proposed holding tanks. And then the other variance that we're requesting
is for the holding tanks. They usually have to be within the subsurface of native material but
based on the bedrock and the steep slopes on this property, that wasn't feasible again. So, we're
requesting a variance to install a retaining wall for the holding tanks. And those holding tanks,
they're thirty-five hundred gallons total and based on the three bedrooms, we would only need
about twenty-three hundred gallons. So, it's way above the capacity that it's required. And also,
those are equipped with an alarm system so as soon as it hits the pumping level, that alarm goes
off and there's also another alarm that's set just in case there's any above like, right below that
outlet, there's an alarm right there so they know that they really need to pump it then.
SUPERVISOR STROUGH-Okay.
TOWN CLERK BARBER-Can I get your name one more time? I am sorry.
MS. ROESCH-Quinn Roesch, with Studio A. r o e s c h.
SUPERVISOR STROUGH-Thank you. Before I open the public hearing, are there any
questions from the Town Board members for the agent for the applicant?
COUNCILMAN MCNULTY-Just for clarification. We visited the site today. When you speak
to the holding tanks in vicinity to the road, is that Pilot Knob or are you putting them up closer to
Hannaford?
MS. ROESCH-We are putting them closer to Pilot Knob.
COUNCILMAN MCNULTY-Okay, that makes more sense.
MS. ROESCH-Yes, they are like after the house and then the retaining wall will hold them up
essentially. That's just so that we can maintain the fifty foot separation with the well that we are
proposing.
COUNCILMAN MCNULTY-And John, you were going to bring up the well issue?
SUPERVISOR STROUGH-Well I did, I kind of looked at her and she said that Dave Hatin
seems to think that she needs a variance for that. Because it's kind of a quirk in the law, at least
in our law that if you're going to put a filtration bed in, septic system, it has to be so many feet
from the well and that's to protect the integrity of the well. But if you put your infiltration bed in
and you have no well, you go ahead and put your infiltration bed in. There's no regulations on
where you put the well, if you do it the other way. It doesn't make sense but if you want to get
into laws that don't make sense we'll be here a long time.
COUNCILMAN FERONE-Question, and this would be like for you to ask the applicant, in that
the well that they're proposing is only going to be seventy feet from an absorption field. Are
they going to put like a UV or anything on that water to make sure that they don't have any
contamination?
MS. ROESCH-I don't believe so just based on its location, being up gradient from that system, I
don't think that's a concern at this point. Matt Huntington from our office, he worked with Dave
Regular Town Board Meeting, 04-18-2022, MTG 912 532
and they are pretty confident that it's ninety feet away so I think they are a little more
comfortable with that distance.
COUNCILMAN FERONE-And do you perceive any problems with getting those tanks pumped
out? With the folks having to get up that hill, it's pretty steep there.
MS. ROESCH-I don't believe so because I think that was a big factor of installing the holding
tanks and then also not putting a field maybe closer to the Hannaford Road. Just because, like
installing pipe or anything on those slopes, so that was definitely considered in the whole design.
COUNCILMAN FERONE-Okay, thank you.
SUPERVISOR STROUGH-Anybody present like to speak to this application? Anybody on
zoom?
COUNCILMAN MCNULTY-Just Stu at this time.
SUPERVISOR STROUGH-Okay, I will close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING ROSEANNE WEISSEL'S APPLICATION
FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 33,2022
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,Roseanne Weissel(Applicant)filed an application for variances from provisions
of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which
requires applicants to obtain a variance for holding tanks as the Applicant wishes to install a holding
tank system consisting of two (2) holding tanks, one with a capacity of 1,500 gallons and one with a
capacity of 2,000 gallons, for a total capacity of 3,500 gallons, thus meeting the required minimum
capacity of 3,500 gallons, and
WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to
allow the:
1. well to be located approximately 70' from a neighboring wastewater absorption field
in lieu of the required 100' setback; and
2. holding tanks to be buried behind a retaining wall due to site constraints in lieu of
being buried under natural grade within a 50' radius of the installation;
on property located at 75 Hanneford 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, April 18'', 2022, and
Regular Town Board Meeting, 04-18-2022, MTG 912 533
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
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Roseanne
Weissel for variances from the Sewage Disposal Ordinance to allow installation of a holding tank
system consisting of two (2) holding tanks, one with a capacity of 1,500 gallons and one with a
capacity of 2,000 gallons, for a total capacity of 3,500 gallons, thus meeting the required minimum
capacity of 3,500 gallons and allow the:
1. well to be located approximately 70' from a neighboring wastewater absorption field
in lieu of the required 100' setback; and
2. holding tanks to be buried behind a retaining wall due to site constraints in lieu of
being buried under natural grade within a 50' radius of the installation;
on property located at 75 Hanneford in the Town of Queensbury and bearing Tax Map No: 227.18-
1-37, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such
notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency
during such period.
Regular Town Board Meeting, 04-18-2022, MTG 912 534
Duly adopted this 18'h day of April, 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 Betty Spawn
PUBLICATION DATE: April 8, 2022
SUPERVISOR STROUGH reviewed proposed three variance requests.
TOM HUTCHINS-Good evening Board. Tom Hutchins here on behalf of owner applicant Betty
Spawn. We looked at it briefly today. I think it's pretty evident that this is the best location on
the site for absorption field and utilize an enhanced treatment system, pump station and
ultraviolet disinfection on the existing water supply well. So, with that, I guess I will turn it over
to the Board for comments. I would note that again, you mentioned it but the property line
setback variances are actually to the fill surrounding the wastewater system. The field itself
actually meets the ten feet, the ten and ten.
SUPERVISOR STROUGH-Questions for the applicant's agent, Town Board? Okay, did you
describe the kind of system that you're putting in?
MR. HUTCHINS-It's NSF-40 enhanced treatment unit, Fuji manufacturer, CE modify which are
good for up to 500 gallons a day. This is an aerobic treatment unit. It provides a high degree of
pretreatment prior to introduction to the disbursement field.
SUPERVISOR STROUGH-I thought that was important so thank you. Alright, any additional
questions from Town Board before I open for public comment? Anybody present wish to speak
to this application? Anybody on Zoom?
COUNCILMAN MCNULTY-No sir.
SUPERVISOR STROUGH-Seeing none, I will close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING BETTY SPAWN'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 34,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Betty Spawn (Applicant) filed an application for variances from provisions of
the Town of Queensbury On-Site Sewage Disposal Ordinance,Chapter 136 to install a new enhanced
treatment on-site wastewater treatment system with certain components of it to be located as follows:
1. Absorption field toe of fill to be 2' from the northerly property line in lieu of the
required 10' setback;
2. Absorption field toe of fill to be 1' from the easterly property line in lieu of the
required 10' setback; and
3. Absorption field toe of fill to be 76' from the well and absorption bed to be 83.7' from
Regular Town Board Meeting, 04-18-2022, MTG 912 535
the well in lieu of the required 100' setback(s);
on property located at at 26 Knox Road in the Town of Queensbury, and
WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's
official newspaper and the Local Board of Health duly conducted a public hearing concerning the
variance requests on Monday, April 18'', 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
3. 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
4. the Local Board of Health finds that the granting of the variances is necessary for the
reasonable use of the land and are the minimum variances which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
Applicant; and
BE IT FURTHER,
RESOLVED,that the Local Board of Health hereby approves the application of Betty Spawn
for variances from the Sewage Disposal Ordinance to install a new enhanced treatment on-site
wastewater treatment system with certain components of it to be located as follows:
1. Absorption field toe of fill to be 2' from the northerly property line in lieu of the
required 10' setback;
2. Absorption field toe of fill to be 1' from the easterly property line in lieu of the
required 10' setback; and
3. Absorption field toe of fill to be 76' from the well and absorption bed to be 83.7' from
the well in lieu of the required 100' setback(s);
on property located at at 26 Knox Road in the Town of Queensbury and bearing Tax Map No: 239.7-
1-22, and
BE IT FURTHER,
Regular Town Board Meeting, 04-18-2022, MTG 912 536
RESOLVED, that the Enhanced Treatment Unit (ETU) shall be maintained by the property
owner in accordance with the manufacturer's recommendations for the life of the system, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such
notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency
during such period.
Duly adopted this 18'h day of April, 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 MORGAN STRITSMAN
RESOLUTION NO.: BOH 35,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal
Ordinance, and
WHEREAS, by Resolution No.: BOH 80,2021, the Local Board of Health approved the
application of Morgan Stritsman (Applicant) for variances from the Sewage Disposal Ordinance for
installation of a replacement wastewater system with certain of its components to be located as
follows:
1. Wastewater Absorption Field to be 71' from the well instead of the required 100'
setback;
2. Enhanced Treatment Unit to be 4' from the foundation instead of the required 10'
setback;
3. Pump Tank to be 3' from the foundation instead of the required 10' setback;
4. Wastewater Absorption Field to be 11' from the foundation instead of the required
Regular Town Board Meeting, 04-18-2022, MTG 912 537
20' setback; and
5. Wastewater Absorption Field to be 7' from the property line instead of the required
10' setback;
on property located at 19 Private Road 41 off of Cleverdale Road in the Town of Queensbury and
bearing Tax Map No: 240.9-1-6, and
WHEREAS,the Applicant has advised that when Applicant's contractor was on site to begin
construction and during the preliminary stake-out,it was determined that the proposed system requires
an additional variance and therefore the Applicant has applied for an additional variance from Chapter
136 to install the Wastewater Absorption Field 84' from Lake George instead of the required 100'
setback,
NOW, THEREFORE, BE IT
RESOLVED,that the Town of Queensbury's Local Board of Health will hold apublic hearing
on Monday, May 2nd, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Morgan Stritsman's sewage disposal variance application concerning
property located at 19 Private Road 41, Queensbury (Tax Map No.: 240.9-1-6) 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 18d'day of April, 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 MICHAEL CRAFT
RESOLUTION NO.: BOH 36,2022
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal
Regular Town Board Meeting, 04-18-2022, MTG 912 538
Ordinance, and
WHEREAS, Michael Craft has applied to the Local Board of Health for variances from
Chapter 136 to make modifications to an existing septic system with components proposed to be
located as follows:
1. dispersal location to be 55' from the neighbor's drinking water well in lieu of the
required 100' setback;
2. dispersal location to be 6' from the property line in lieu of the required 10' setback;
3. dispersal location to be 5' from the dwelling which does not have a basement in lieu
of the required 20' setback;
4. treatment tank and pumping station to be 3' from the dwelling in lieu of the required
10' setback; and
5. treatment tank and pumping station to be 2.8' from the property line in lieu of the
required 10' setback;
on property located at 309 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, May 2nd, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Michael Craft's sewage disposal variance application concerning property
located at 309 Cleverdale Road in the Town of Queensbury (Tax Map No.: 226.12-1-9) 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 18d'day of April, 2022, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF CHRISTOPHER AND EVA DETMER
RESOLUTION NO.: BOH 37,2022
Regular Town Board Meeting, 04-18-2022, MTG 912 539
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal
Ordinance, and
WHEREAS, Christopher and Eva Detmer have applied to the Local Board of Health for a
variance from Chapter 136 to install a leaching system 73.9' from a wetland in lieu of the required
100' setback on property located at 70 Browns Path 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, May 2nd, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Christopher and Eva Detmer's sewage disposal variance application
concerning property located at 70 Browns Path in the Town of Queensbury (Tax Map No.: 296.11-
1-9) 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 18d'day of April, 2022, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 38,2022
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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 18d'day of April, 2022, by the following vote:
Regular Town Board Meeting, 04-18-2022, MTG 912 540
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: None
2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT-3 MINUTES)
SUPERVISOR STROUGH reviewed proposed resolutions 3.1 through 3.19.
No public comment
3.0 RESOLUTIONS
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
EXTENSION #2 TO GREATER QUEENSBURY CONSOLIDATED
SANITARY SEWER DISTRICT TO SERVE TIDAL WAVE AUTO SPA
LOCATED AT 708 QUAKER ROAD, QUEENSBURY
RESOLUTION NO.: 147,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury
Consolidated Sanitary Sewer District to serve the Tidal Wave Auto Spa (TWAS) located at 708
Quaker Road in the Town of Queensbury, New York (Tax Map No.: 303.15-1-12) referred to as
the "Property" 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 Pennoni
Engineering & Surveying of New York, P.C. concerning the proposed Sanitary Sewer District
Extension 42 (Extension 42)to connect the proposed Property 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 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
42, 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, Part I of a Short Environmental Assessment Form has been prepared and
Regular Town Board Meeting, 04-18-2022, MTG 912 541
presented at this meeting and the engineer indicates that it is an Unlisted Action and the Action will
undergo an Uncoordinated Review,
NOW, THEREFORE, IT IS HEREBY
ORDERED:
I. The boundaries of the proposed Extension 42 are as set forth in the Map, Plan and
Report and as follows:
All that tract or parcel of land, situate in the Town of Queensbury, County of Warren and
State of New York, bounded and described as follows:
Beginning at a point in the southerly highway boundary of Quaker Road (County Route
70)at its intersection with the property division line between lands n/f Garvey Partnership,
as described in Book 5351 of Deeds at Page 45, on the east, and lands n/f of Smart Wash
of S.G.F.,LLC as described in Book 5946 of Deeds at Page 272, on the west,thence south
31002'07" west, a distance of 300.00 feet to a point at its intersection with the property
division line between lands n/f of Switchco LLC, as described in Book 4542 of Deeds at
Page 217, on the east, and said lands of Smart Wash of S.G.F., LLC, on the west, thence
south 09057'38" west, a distance of 440.97 feet to a point on the northerly highway
boundary of Dix Avenue (County Route 42), thence north 80 002'23" west, along said
highway boundary a distance of 158.66 feet to a point at its intersection with the property
division line between lands n/f of E. James Barrett& William M. Barrett, as described in
Book 1209 of Deeds at Page 320, on the west, and said lands of Smart Wash of S.G.F.,
LLC, on the east, thence along said property division line the following three (3) courses
and distances:
(1) Along a curve to the right having a radius of 50.00 feet, an arc length of 78.54 feet,
a chord bearing of north 35002'22"west, a chord distance of 70.71 feet to a point,
(2) North 09057'37" east, a distance of 471.38 feet to a point,
(3) North 31002'07" east, a distance of 300.00 feet to a point on the first mentioned
southerly highway boundary of Quaker Road, thence south 58057'53" east, along
said highway boundary a distance of 223.62 feet to the point or place of beginning.
CONTAINING 166,952 SQUARE FEET OR 3.833 ACRES, MORE OR LESS
This description is based upon a survey entitled "Alta/NSPS Land Title Survey 708
Quaker Road TM4303.15-1-12 Town of Queensbury, Warren County, State of New
York,"prepared by Control Point Associates, Inc., PC, dated January 21, 2021.
This property may be subject to the restrictions, covenants and/or easements either
written or implied.
2. The proposed improvements consist of a new sewer main being installed within the
public right of way. The TWAS will connect to the existing manhole in the Dix Avenue right of
way situated at the southwest corner of the TWAS property on the south side of Dix Avenue. The
site connection will be via an 8"gravity sewer lateral and the existing pump station and force main
on site will be abandoned.
Regular Town Board Meeting, 04-18-2022, MTG 912 542
3. The facilities for this Sanitary Sewer District Extension to be constructed and
capital costs associated with this Extension 42 are estimated to be approximately $134,300 to be
paid for by TWAS. The cost of hook-up is included in the construction costs. There will be no
cost to the Town. TWAS will be required to dedicate all infrastructure and take actions to transfer
their interest to the satisfaction of the Town Water Superintendent/Wastewater Director and Town
Counsel.
4. The estimated annual cost of the Extension 42 to the developed parcel would be
calculated as detailed in the Map, Plan and Report filed in the Town Clerk's Office and also
available on the Town of Queensbury Website: w.w.w..queensbury a. There is no "typical
property" which is a one or two family home in such proposed District as the one commercial
lot/subject property is the only property in this Extension 42 and the "typical property." The cost
of operation and maintenance would include the costs to operate, maintain, and supply the sewer
system and is reflected in sewer rent charges. Based on an estimated annual usage of 3.6 million
gallons per year and an existing operation and maintenance rate of $7.00 per 1,000 gallons, the
TWAS yearly amount would be $25,200 per year, paid quarterly. The Town also imposes a
property's share of the Greater Queensbury Consolidated Sanitary Sewer District's debt service
using a benefit tax. The estimated units are 68.87 acre units which would result in an estimated
benefit tax of $1,542. The calculation of $25,200 annually plus the benefit tax would come to
approximately $26,742 annually. The TWAS property is the only property in this Extension 42
so it is the mode/typical property.
5. The Developer of the Property will pay all costs of the improvements including the
one-time buy-in cost and Town connection fee, so there will be no financing required by the Town
on behalf of the District or otherwise.
6. A detailed explanation of how the estimated costs of the Extension 42 were
computed is included in the Map,Plan and Report which has been filed with the Queensbury Town
Clerk and is available for public inspection.
7. The proposed improvements shall be constructed and installed as specifically
delineated in the Map, Plan and Report 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.
8. The Town Board shall meet and hold a public hearing at the Queensbury Activities
Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, May 2nd, 2022 to consider the Map,
Plan and Report and to hear all persons interested in the proposal and to take such other and further
action as may be required or authorized by law.
9. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly
Regular Town Board Meeting, 04-18-2022, MTG 912 543
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 §209-d, and complete or arrange for the securing of
two(2)Affidavits of Publication of Notice and two(2)Affidavits of Posting of Notice of the Public
Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or
about the date of publication.
10. The Town Board hereby declares that this action is an Unlisted Action pursuant to
6 NYCRR 617 et. seq., and will perform uncoordinated review of this Project.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION TO AMEND 2022 TOWN BUDGET
RESOLUTION NO.: 148,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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 2022 Town Budget as follows:
To
Code Appropriation Code Appropriation $
001-0000-0909 Fund Balance 001-1440-4720 Consultant 30,000
001-0000-0909 Fund Balance 001-5132-4500 Nat Gas 100,000
Duly adopted this 18'h day of April, 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
TRUCK FOR TRANSFER STATION DEPARTMENT
Regular Town Board Meeting, 04-18-2022, MTG 912 544
RESOLUTION NO.: 149, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, in accordance with Resolution No.: 97, 2022, 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 one(1)ton four-
wheel drive dump truck with a plow for the Transfer Station Department to replace a year 2007 Chevy
Silverado (Town Asset No.: 8709), and
WHEREAS, on April 1st, 2022 the Purchasing Agent received bid information for the
Truck from the New York State Pro Vehicle Market Place, and
WHEREAS, the Transfer Station Supervisor and Purchasing Agent reviewed the bid
information and have recommended that the Town Board authorize the bid award for a 2022 F-
350 Chassis 4x4 SD regular cab 14" WB DRW XL truck to the only and therefore lowest,
responsible bidder, Lithia Motors, Inc., for a total amount not to exceed $71,575, and
WHEREAS, the Transfer Station Supervisor has requested authorization to purchase
needed ancillary equipment to make the truck Transfer Station Department ready for a total amount
not to exceed $2,000,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for a
2022 F-350 Chassis 4x4 SD regular cab 14" WB DRW XL truck to the only and therefore lowest,
responsible bidder, Lithia Motors, Inc., for a total amount not to exceed $71,575, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Transfer Station
Supervisor to purchase needed ancillary equipment to make the truck Transfer Station 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$73,575 from the undesignated, unassigned Fund Balance No.:
009 to Vehicles Account No.: 009-8160-2020 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
Regular Town Board Meeting, 04-18-2022, MTG 912 545
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to
engage the services of auction company GovDeals to sell/dispose of the truck being replaced in the
Transfer Station Department identified as a 2007 Chevy Silverado, Town Asset No: 8709, and
deposit any sales proceeds into the appropriate revenue account(s)in accordance with the Queensbury
Town Code and New York State Laws, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Transfer Station Supervisor, Purchasing Agent and/or Town Budget Officer to take any and all
action necessary to effectuate the terms of this Resolution.
Duly adopted this 181h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION APPOINTING CURRENT ALTERNATE MEMBER
JACKSON LASARSO AS REGULAR MEMBER OF
TOWN PLANNING BOARD
RESOLUTION NO.: 150,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury previously established the Town's Planning Board in
accordance with applicable New York State law, and
WHEREAS,by Resolution No.: 38,2022,the Town Board appointed Jackson LaSarso as an
alternate member of the Planning Board, and
WHEREAS, a Planning Board regular member vacancy exists and therefore the Town Board
wishes to appoint Mr. LaSarso to serve as a regular member on the Planning Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints current alternate member
Jackson LaSarso to serve as a regular member of the Queensbury Planning Board until such term
expires on December 31", 2024.
Regular Town Board Meeting, 04-18-2022, MTG 912 546
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION APPROVING YEAR 2021 SERVICE AWARD PROGRAM
RECORDS FOR QUEENSBURY VOLUNTEER FIRE COMPANIES
RESOLUTION NO.: 151,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,the Queensbury Town Board previously authorized engagement of PENFLEX,
Inc., to provide the 2021 Standard Year End Administration Services for the Town's Volunteer Fire
Companies and Volunteer Ambulance Workers Service Award Programs, and
WHEREAS, as part of the Service Award Program(s), it is necessary that the Town Board
approve the Fire Companies' and Emergency Squads' Year 2021 Service Award Program Records,
and
WHEREAS,the Town Supervisor's Office has received and reviewed the records from each
of the Town's five(5)Volunteer Fire Companies and found them to be complete, and
WHEREAS,the Town Board wishes to approve these records,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the 2021 Volunteer Fire
Company Service Award Program Records for each of the Town's five(5)Volunteer Fire Companies,
and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or
Budget Officer to take all action necessary to effectuate the terms of this Resolution.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
Regular Town Board Meeting, 04-18-2022, MTG 912 547
RESOLUTION AUTHORIZING CONSENT TO TOWN OF LAKE GEORGE
BEING DESIGNATED AS LEAD AGENCY FOR PURPOSES OF
FULFILLING SEQRA REQUIREMENTS RELATIVE TO
POTENTIAL APPROVAL OF "MCPHILLIPS PRESERVE
AT FRENCH MOUNTAIN PARK" MASTER PLAN
RESOLUTION NO.: 152, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 217, 2019, the Queensbury Town Board expressed its
support of the Town of Lake George's application to the New York State Office of Parks,
Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection
Fund at the French Mountain Preserve for the future shared park with the Town of Lake George
and Lake George Land Conservancy, Inc., to be named the "McPhillips Preserve at French
Mountain Park," and
WHEREAS, the Town of Lake George has developed a Master Plan for the potential
McPhillips Preserve at French Mountain Park (Master Plan) and will consider approval of such
proposed Master Plan following a public hearing and public input, and
WHEREAS, the State Environmental Quality Review Act (SEQRA) regulations require
that such proposed Master Plan undergo an environmental review in accordance with SEQRA
before approval, and
WHEREAS, under SEQRA, the Lake George Town Board and Queensbury Town Board
are Involved Agencies for purposes of the environmental review needed before the Lake George
Town Board can approve the Master Plan, and
WHEREAS, the Lake George Town Board wishes to be Lead Agency and lead the
necessary SEQRA environmental review of the proposed Master Plan approval in coordination
with the Queensbury Town Board and therefore has requested that the Queensbury Town Board
consent to the Lake George Town Board being designated as Lead Agency, and
WHEREAS, the Queensbury Town Board has concluded that the Lake George Town Board
is the most Involved Agency and should be Lead Agency for the purposes of SEQRA review relating
to the Master Plan and therefore wishes to provide its consent,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes, directs and consents to the
Regular Town Board Meeting, 04-18-2022, MTG 912 548
Town of Lake George acting as Lead Agency for SEQRA review relative to the development and
approval of the Master Plan for the McPhillips Preserve at French Mountain Park and authorizes
and directs the Town Supervisor to execute any necessary documentation related to this consent
including any needed Lead Agency Response Form, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
provide a certified copy of this Resolution to the Town of Lake George and take any other actions
necessary to effectuate the terms of this Resolution.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING TECHNICAL SERVICES
CHANGE ORDER NO. 02 REGARDING PROFESSIONAL
ENGINEERING SERVICES OF C.T. MALE ASSOCIATES RELATED TO
NYSDEC GROUNDWATER TESTING REVIEW AND SUMMARY
RESOLUTION NO.: 153,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 104,2021, the Queensbury Town Board authorized
engagement of C.T. Male Associates (CT Male) for professional environmental engineering services
(Services)to assist the Town with the review and summary of groundwater testing that the New York
State Department of Environmental Conservation(NYSDEC)has performed on monitoring wells and
private wells in the Town as part of New York State's Inactive Landfill Initiative for the amount of
$10,000 as set forth in CT Male's March 16, 2021 proposal, and
WHEREAS, by Resolution No.: No.: 267,2021, the Town Board authorized C. T. Male's
Technical Services Change Order No. 01 dated July 29, 2021 to continue its provision of such
Services through 2023 on an as-needed basis as the NYSDEC progresses with its site characterization
including monitoring and evaluating the site characterization's findings, and
WHEREAS, CT Male has advised that it has exhausted the budget approved by Resolution
No.: 267,2021 but has offered to continue providing advisory services on an as-needed basis as the
NYSDEC progresses with its site characterization including monitoring and evaluating the site
characterization's findings and has accordingly presented the Town with Technical Services
Regular Town Board Meeting, 04-18-2022, MTG 912 549
Change Order No. 02 dated April 7, 2022 detailing such services in the amount of$20,000 for a
new total contract price including this Change Order to be $50,000, and
WHEREAS, the Town Board wishes to accordingly authorize Technical Services Change
Order No. 02 for the additional engineering services,
NOW THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes C. T. Male Associates'
Technical Services Change Order No. 02 dated April 7, 2022 as delineated in the preambles of this
Resolution in the amount of$20,000 for a total new Contract Price including this Change Order to
be $50,000, to be paid for from Engineering Account No.: 001-1440-4720-009, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute such Change Order No.: 02 substantially in the form presented at this meeting and/or any
other needed documentation, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer
to take all actions necessary to amend the Town Budget and effectuate the transfer of$20,000 from
Undesignated, Unassigned General Fund Balance Account No.: 001-0000-0909 to Engineering
Account No.: 001-1440-4720-009, and
BE IT FURTHER,
RESOLVED, 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 181h day of April, 2022, by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND FRIENDS OF MOUNTAINSIDE LIBRARY
RESOLUTION NO.: 154,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
Regular Town Board Meeting, 04-18-2022, MTG 912 550
SECONDED BY: Mr. Harrison Freer
WHEREAS,the Town of Queensbury wishes to enter into a Community Service Agreement
with the Friends of Mountainside Library for the year 2022, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between
the Town and Friends of Mountainside Library for the year 2022 with funding for the Agreement not
exceeding the sum of $2,000 and authorizes and directs the Town Supervisor to execute the
Agreement in substantially the form presented at this meeting, with funding to be paid for from
Community Services Account No.: 001-8989-4414.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND GREATER GLENS FALLS SENIOR CITIZENS
RESOLUTION NO.: 155, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,the Queensbury Town Board believes it is appropriate and beneficial to provide
social and recreational activities and programs to Town of Queensbury senior citizens and therefore
wishes to contract with the Greater Glens Falls Senior Citizens for senior citizen recreational and
social activities and programs as permitted and authorized by New York State General Municipal
Law §95A, and
WHEREAS, a proposed Agreement between the Town and the Greater Glens Falls Senior
Citizens has been presented at this meeting, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between
the Town and the Greater Glens Falls Senior Citizens for the year 2022 with funding for the
Regular Town Board Meeting, 04-18-2022, MTG 912 551
Agreement not exceeding the sum of $4,000 and authorizes and directs the Town Supervisor to
execute the Agreement in substantially the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that funding for such Agreement shall be paid for from Community Services
Account No.: 001-8989-4414.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND FAMILY YMCA OF THE GLENS FALLS AREA
RESOLUTION NO.: 156,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Family
YMCA of the Glens Falls Area to support the YMCA's provision of its Summer Day Camp
experience, Camp Foothills,to underprivileged children living in the Queensbury area, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between
the Town and the Family YMCA of the Glens Falls Area to support the YMCA's provision of its
Summer Day Camp experience, Camp Foothills, to underprivileged children, with funding for the
Agreement not exceeding the sum of $6,000 and authorizes and directs the Town Supervisor to
execute the Agreement in substantially the form presented at this meeting,with funding to be paid for
from Community Services Account No.: 001-8989-4414.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
Regular Town Board Meeting, 04-18-2022, MTG 912 552
RESOLUTION AUTHORIZING AGREEMENT WITH
SARATOGA WARREN MUSICIANS PERFORMANCE AND
SCHOLARSHIP FUND, INC. -GLENS FALLS BAND
CITY PARK CONCERT SERIES
RESOLUTION NO.: 157,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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 Town Board, and
WHEREAS, the Saratoga Warren Musicians Performance and Scholarship Fund, Inc.,
working with the Glens Falls City Band,provides for weekly concerts to take place in the Glens Falls
City Park during the months of July and August,thereby helping to promote the cultural development
of the community, attracting many persons to the Queensbury area and providing an economic boon
to the community, and
WHEREAS, the Town Board wishes to provide funding to the Saratoga Warren Musicians
Performance and Scholarship Fund, Inc., in the amount of $7,210 with occupancy tax revenues
received from Warren County and accordingly enter into an agreement with the Saratoga Warren
Musicians Performance and Scholarship Fund, Inc., for the year 2022 for the promotion of
performances and events to Town residents, 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 Saratoga Warren Musicians Performance and Scholarship Fund, Inc., 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$7,210 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
BE IT FURTHER,
Regular Town Board Meeting, 04-18-2022, MTG 912 553
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 $7,210;
• Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $7,210;
and
BE IT FURTHER,
RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town
that unallocated occupancy tax funds are available from Warren County.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND HYDE COLLECTION
RESOLUTION NO.: 158,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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 Town Board, and
WHEREAS, the Hyde Collection helps to promote the cultural development of the
community, attracts many persons to the Queensbury area and provides an economic boon to the
community, and
WHEREAS,the Town Board wishes to provide funding to the Hyde Collection in the amount
of$10,000 with occupancy tax revenues received from Warren County and accordingly enter into an
agreement with the Hyde Collection for the year 2022 for the promotion of events to Town and area
residents, and
Regular Town Board Meeting, 04-18-2022, MTG 912 554
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 Hyde Collection 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$10,000 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
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 $10,000;
• Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $10,000;
and
RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town
that unallocated occupancy tax funds are available from Warren County.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT WITH UNDER THE
WOODS FOUNDATION, INC. FOR CHURNEY GURNEY FESTIVAL
RESOLUTION NO.: 159, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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
Regular Town Board Meeting, 04-18-2022, MTG 912 555
the Agreement are subject to further Resolution of the Town Board, and
WHEREAS, the Under the Woods Foundation, Inc., is organizing the "Churney Gurney
Festival" at Gurney Lane Park in the Town of Queensbury that hosts a mountain bike race and trail
running race,thereby helping to promote recreational opportunities in the community,attracting many
persons to the Queensbury area and providing an economic boon to the community, and
WHEREAS,the Town Board wishes to provide funding to the Under the Woods Foundation
in the amount of$4,500 with occupancy tax revenues received from Warren County and accordingly
enter into an agreement with the Under the Woods Foundation for the year 2022 for the promotion of
recreational activities and events to Town residents, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Local
Tourism Promotion and Convention Development Agreement between the Town and the Under the
Woods Foundation,Inc.,substantially in the form presented at this meeting and authorizes and directs
the Town Supervisor to execute the Agreement,with funding not to exceed$4,500 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
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 $4,500;
• Expense Acct.No. —050-6410-4412 Use of Occupancy Tax$4,500; and
BE IT FURTHER,
RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town
that unallocated occupancy tax funds are available from Warren County.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
Regular Town Board Meeting, 04-18-2022, MTG 912 556
RESOLUTION AUTHORIZING AGREEMENT WITH UNDERDOG RACE
TIMING FOR GURNEY LANE SNOWSHOE AND FAT TIRE DAY
RESOLUTION NO.: 160, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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 Town Board, and
WHEREAS, Underdog Race Timing organized its "Gurney Lane Fat Tire Bike Day and
Snow Shoe Races"at the Gurney Lane Park in the Town of Queensbury,thereby helping to promote
recreational opportunities in the community, attracting many persons to the Queensbury area and
providing an economic boon to the community, and
WHEREAS,the Town Board wishes to provide funding to the Underdog Race Timing in the
amount of$1,500 with occupancy tax revenues received from Warren County and accordingly enter
into an agreement with the Underdog Race Timing for the year 2022 for the promotion of recreational
activities and events to Town residents, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Local
Tourism Promotion and Convention Development Agreement between the Town and Underdog Race
Timing, substantially in the form presented at this meeting and authorizes and directs the Town
Supervisor to execute the Agreement, with funding not to exceed $1,500 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
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:
Regular Town Board Meeting, 04-18-2022, MTG 912 557
• Revenue Acct No. — 050-0000-51113 Occupancy Tax Revenue $1,500;
• Expense Acct.No. —050-6410-4412 Use of Occupancy Tax$1,500; and
BE IT FURTHER,
RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town
that unallocated occupancy tax funds are available from Warren County.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO
NORTH QUEENSBURY RESCUE SQUAD, INC.
UNDER CURRENT AGREEMENT
RESOLUTION NO.: 161, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,general emergency ambulance services are provided to the Town of Queensbury
by the Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls
Emergency Squad, Inc., in accordance with agreements between each EMS/Rescue Squad and the
Town, and
WHEREAS,by previous Resolutions the Town Board authorized new 2022 agreements with
the West Glens Falls Emergency Squad, Inc. and the Bay Ridge Rescue Squad, Inc., and
WHEREAS,the Town's agreement with the North Queensbury Rescue Squad, Inc., (Squad)
expired on December 31, 2021, but the Town has not yet negotiated terms of a new 2022 agreement
with the Squad, and
WHEREAS, in such agreement,the Town and Squad agreed that the terms and provisions of
the existing agreement may continue during the interim period pending execution of a new agreement,
and
WHEREAS, by Resolution No.: 428,2021, the Town Board authorized payment vouchers
constituting 1/12 h of the 2021 Contract Amount(s) for January, February, March and April to the
Squad under its current Agreement, which payments constituted advance payments on the new
Regular Town Board Meeting, 04-18-2022, MTG 912 558
general emergency ambulance services 2022 Agreement(s), and
WHEREAS, the Squad may face cash flow shortages before any new agreement can be
executed and therefore the Town Board wishes to authorize advance payments under the current
Agreement, which if a new agreement is entered into will constitute advance payments on the 2022
agreement to the Squad, such advances to be deducted from contract payments to be paid if and after
a 2022 contract is ratified,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to
approve payments of 1/12 h of the 2021 Contract Amounts for the month of May, if necessary, for
operations and paid staffing to the North Queensbury Rescue Squad, Inc., (Squad) under its current
2021 agreement,which payments will constitute advance payments on a new 2022 general emergency
ambulance services agreement if such agreement is entered into, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and
Town Budget Officer to make the necessary arrangements to make such payments which are
authorized under the current agreements and take such other and further actions as may be necessary
to effectuate the terms of this Resolution.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF DUNCAN MURPHY
AS FULL-TIME MOTOR EQUIPMENT OPERATOR
FOR HIGHWAY DEPARTMENT
RESOLUTION NO.: 162, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town
Board that there is a vacancy in a full-time Motor Equipment Operator (MEO) position in the
Highway Department, and
Regular Town Board Meeting, 04-18-2022, MTG 912 559
WHEREAS, the Highway Superintendent posted availability for the position, reviewed
resumes and has made a hiring recommendation to the Town Board to hire Duncan Murphy,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Duncan Murphy as a full-time Motor Equipment Operator (MEO) in the Town's Highway
Department effective on or about April 19'', 2022 subject to Mr. Murphy'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 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. Murphy shall be paid at the hourly rate of pay for the MEO 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 18'h day of April, 2022 by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF BARTON &
LOGUIDICE, P.C., TO UPDATE TOWN OF QUEENSBURY
COMPREHENSIVE PLAN AND LAND USE CODES AND
ESTABLISHMENT OF CAPITAL PROJECT FUND NO.: 244
RESOLUTION NO.: 163,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, a Request for Proposals (RFP) for professional services to update the Town of
Queensbury's Comprehensive Plan and Land Use Codes was issued on December 14, 2021 with a
submittal deadline of January 28, 2022, and
Regular Town Board Meeting, 04-18-2022, MTG 912 560
WHEREAS, five (5) responses were received, four (4) of which were determined to be
substantially complete, and
WHEREAS, a proposal review committee was formed to review the complete responses, and
three(3) firms were invited to interview with the committee, and
WHEREAS, after conclusion of the interviews, the committee has recommended that the
Town Board authorize engagement of the services of Barton&Loguidice,P.C., and
WHEREAS, the Town's Senior Planner has presented the Town Board with a proposed
Professional Services Agreement with Barton & Loguidice, P.C., and the Town Board wishes to
authorize such Agreement in substantially the form presented at this meeting, and
WHEREAS, the Town Board wishes to fund such services from Capital Reserve 464 and in
accordance with New York State General Municipal Law §6(c), the Town Board is authorized to
withdraw and expend funds from Capital Reserve 464 subject to permissive referendum,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs
engagement of Barton & Loguidice, P.C., to perform certain consulting work and update the
Town's Comprehensive Plan and Land Use Codes as delineated in Barton&Loguidice,P.C.'s
Proposal dated January 28, 2022 for an amount not to exceed $132,514, such services to be
funded from Capital Reserve Fund No. 64, such expenditures being for a specific capital project
for which the Capital Reserve Fund No. 64 was established, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the establishment of
Comprehensive Plan and Land Use Codes Capital Project Fund No.: 244 and authorizes and directs
the Town Budget Officer to transfer $132,514 from Town Capital Reserve Fund No.: 64 to fund
such Capital Project Fund No.: 244 and establish appropriations and estimated revenues as follows:
• 001-9950-9030-0064 Transfer to Capital Project- $132,514
• 244-0000-55031 Interfund Revenues - $132,514
• 244-8020-4400 Misc. Contractual - $132,514
and
BE IT FURTHER,
Regular Town Board Meeting, 04-18-2022, MTG 912 561
RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to
amend the Town Budget and make any other adjustments,budget amendments,transfers or prepare
any documentation necessary to establish such appropriations and estimated revenues, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
to execute the Professional Services Agreement in substantially the form presented at this
meeting and any other documentation related to this project and further authorizes and directs
the Town Supervisor, Executive Director of Community Development, Senior Planner and/or
Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution,
and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with
the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town
Clerk to publish and post such notices and take such other actions as may be required by law.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION SUPPORTING AND PROCLAIMING
SUPPORT FOR UKRAINE
RESOLUTION NO.: 164, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Sovereign Nation of Ukraine was invaded on February 24, 2022 by
Russian military forces without cause, and countless civilians and military personnel have been
injured and killed during attacks carried out by Russia's regime, and
WHEREAS, the invasion of Ukraine and attacks against its people have been broadly
condemned by United States President Joseph Biden, leadership of the European Union and
numerous other countries around the world, and
WHEREAS, the Town of Queensbury and the Capital Region are home to a robust and
Regular Town Board Meeting, 04-18-2022, MTG 912 562
thriving community of Ukrainian immigrants and their family members, and
WHEREAS, the Town Board wishes to express its unwavering support to the people of
Ukraine as Ukraine continues to fight for its freedom, and urge Town residents to consider
contributing to Ukrainian relief efforts through organizations such as the International Committee of
the Red Cross: http://www.icrc.orgZen/donatehikraine and Project Hope:
https://www.projecthope.org,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby proclaims and expresses its
unwavering support and sincere desire for peace in Ukraine and hereby adds the Town of
Queensbury's voices to those throughout the region and the world who oppose this horrific military
and humanitarian crises taking place as a result of the Russian invasion of Ukraine.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 04192022
RESOLUTION NO.: 165,2022
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
Warrant: 04192022 with a run date of 04/14/2022 and a payment date of 04/19/2022,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented
as Warrant: 04192022 with a run date of 04/14/2022 and a payment date of 04/19/2022 totaling
$798,330.84, 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, 04-18-2022, MTG 912 563
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
4.0 CORRESPONDENCE
None
5.0 PRIVILEGE OF THE FLOOR(LIMIT-4 MINUTES)
BEN BOTELHO, Attorney with Braymer Law, Glens Falls representing Whispering Pines Associates, an
apartment complex of hundreds of residents where their sole access is on Weeks Road spoke to the Town Board
regarding Hoffman's proposal of a new car wash on Weeks Road. Noted that it is before the Town Planning
Board and concerned that it will be approved tomorrow night by the Board. Referred to the 2019 Warren
County Pathway Corridor Study partially funded by the Town that recognizes that there are current traffic
issues on Weeks Road right now. The corridor study officially recommended a re-route of Weeks Road onto
Sweet Road and if Hoffman's project is approved tomorrow night, that recommendation in the study will
probably be impossible to carry out. So we want to bring this to the attention of the Town Board now so that
the Town can officially consider it. I am not sure if there is a way to stall the Planning Board but we urge the
Town Board to officially consider and implement the study's recommendation to protect the Town and
residents.
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN MCNULTY(WARD IV)
• Discussed the Warren County Bike Path and the use of Electric Bikes.
Town Board held discussion regarding the different classes of E bikes, what should be allowed
on the bike path and the enforcement of such bikes.
• Requested Supervisor Strough to reach out to Mike Swan at the Warren County
Treasurer's Office for the Granicus data collected, it would be helpful to us as we move
forward with the short term rental discussions.
COUNCILMAN FERONE (WARD III)
• Nothing to report
COUNCILMAN FREER(WARD II)
• Referred to the Towns & Topics magazine and noted some very interesting articles that is worth
reading.
• Referred to Hoffman's project proposal and noted that we met with the team last week who provided
some pretty compelling data. There may be some very intermittent disruptions for Weeks Road
residents but the current project doesn't support the rerouting as the study recommended.
• Referred to the Short Term Rental proposed changes and announced that there will be a workshop for
the Town Board to discuss sometime in May and then public hearings to be held. Noted that the
proposed changes will not affect this summer season and most likely go into effect next year.
COUNCILMAN METIVIER(WARD 1)
• Questioned status of the culvert on Bay Road.
• Reviewed the schedule and brush pick up regulations involving the Highway's Residential
Annual Spring pick-up.
SUPERVISOR STROUGH
• Gave update on the eight foot culvert on Bay Road that failed noting that the integrity was
found to be very poor and the initial quick repair was determined not to be safe. A new culvert
Regular Town Board Meeting, 04-18-2022, MTG 912 564
is being designed at this point.
• Spoke regarding the option of prohibiting dogs from Town trails and parks due to the dog
waste being left, despite the signage, trash bags and cans provided, dog owners are throwing
the bagged waste in the woods.
• Announced the schedule of the rabies vaccination clinics offered by Warren County Public
Health.
• Announced Warren Hamilton Counties Office for the Aging is looking for additional
volunteers to help deliver meals, if interested in volunteering please call 518-761-6347.
• Announced Memorial Day Parade and Remembrance Ceremony scheduled for May 30'h at
10 a.m. sharp. The theme for this year's parade is `Our Freedom, Their Sacrifice'.
• Thanked audience and everyone for attending, Look TV, Town Counsel Bob Hafner, Town
Clerk Caroline Barber, Town Board.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 166,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this 18'h day of April, 2022, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES: None
ABSENT: None
Respectfully Submitted,
CAROLINE H. BARBER, RMC
TOWN CLERK
TOWN OF QUEENSBURY