03-18-2024 MTG #10 Regular Town Board Meeting, 03-18-2024, MTG 910 636
REGULAR TOWN BOARD MEETING MTG #10
MARCH 181h, 2024 RES #109-127
7:00 P.M. BOH #28-33
TOWN BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN MICHAEL DIXON
COUNCILMAN TIMOTHY MCNULTY
TOWN COUNSEL
MARK SCHACHNER, ESQ
PRESS
LOOK TV
SUPERVISOR STROUGH called meeting to order...
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN HARRISON FREER
1.0 BOARD OF HEALTH
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 109, 2024
INTRODUCED BY: Mr. Michael Dixon
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and enters into the Queensbury Board of Health.
Duly adopted this 181h day of March, 2024 by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES: None
ABSENT: None
1.1 PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF
CAMP ALLEGRA/JOSHUA'S ROCK CORP.
Publication Date: March 9, 2024
SUPERVISOR STROUGH reviewed the proposed sewage variance application and the nine
variances being requested. This is for property on 2 Joshua Rock Road and the agent for the
applicant is present and ready to expand beyond a description of what I just gave. And please
introduce yourself for the record and feel free to add anything to what I said. And the first thing
I'll do is I'll see if the Town Board has questions and then we have a public hearing on this. So,
I'll ask you to sit down but you may have to return to answer some of the concerns from the
public. Okay, so go ahead Erik.
Regular Town Board Meeting, 03-18-2024, MTG 910 637
ERIK SANDBLOOM-Good evening, Erik Sandbloom from SRA Engineers, we're the agent for
the applicant. So,the applicant leases the property, and it is a, that the lease area is quite small.
It's bounded on one side by a stream that flows into Lake George and by Lake George itself.
What they have now is a substandard system, it's basically a leeching pit, or a cesspool,
whatever you want to call it. It does not meet the standards of, and they desire to put something
in there that better meets the standards. It's just that there's no real opportunity to meet the
setback requirements primarily. It is a long list of variances but the reason for that is because
they conglomerate and for one reason, for instance, the septic tank itself is not able to meet the
setback requirement to the lake. So,that also means that the pipe leading to the septic tank can't,
the pump station can't, the force main and so they kind of conglomerate so it does look like it's
quite a lot there, but we wanted to be thorough and make sure we were getting all the bases
covered on that. These, what is proposed consists of a, oh I am sorry, another piece here they
have the applicant has been awarded a Grant from Warren County to help them finance this
project. Although their lease boundary is very limited,they have negotiated with Rogers Rock
Corporation to utilize some of the space to the North of the lot line up to a row of cedars or
hemlocks it's an evergreen row that's there and also with the agreement.
SUPERVISOR STROUGH-Alright one of those...
MR. SANDBLOOM-Also to clarify on some of the setbacks, since we touched upon it at the site
visit earlier today. The setbacks to the mound or to the disposal field are measured from the toe
of the mound system as is required by rules. For your information, the area where the septic
affluent is, is applied and where it's treated in the Eljen units themselves are 82 feet from the
Lake and 71 feet from the stream. So, I know that's not part of the variance, but I wanted you to
understand that separation.
SUPERVISOR STROUGH-So, and for the public you have a mounded system, so you are going
to have a slope, then you have a system and then a slope. The basic system's here but because
it's all part of the infiltration system you count the toe, where the actual bed is farther from the
Lake than indicated here. Okay.
MR. SANDBLOOM-So knowing that these variances are going to be required we wanted to
promote a, what would meet the definition of Enhanced Treatment Unit and that's why we went
with the Eljen Units. The mound system itself is sized 100 percent for a conventional system in
accordance with the percolation rate, which is 16 minutes per inch. So, we are not talking about a
really fast perk rate or something like that and we felt that because of that it's a fully sized
system even though it can't meet all the setbacks. It's, we feel that it provides good protection of
Lake George with that ETU technology if a, if we weren't able to get that size, we would
certainly be looking at yet additional but this, we feel provides good protection for the Lake. The
Eljen Unit is certified to meet NSF 40 Standards which means that at the bottom of the system
sand it needs to meet secondary treatment standards. Which are, I believe, you know around 30
milligrams per liter of DOD and TSS and if you think that domestic waste is going to be
somewhere in the vicinity of 150 milligrams per liter after the septic tank. So, you know we're
getting a good 80 percent or so of treatment before it even enters the soil that's underneath it and
so that'd be, we still have three feet of separation from that point to the, to the groundwater
through imported granular material that make up the mound sand and native material which we
have 29 inches to groundwater there.
SUPERVISOR STROUGH-Alright for the sake of the public, State Code 75A says that if you
put an Enhanced Treatment Unit in such as you are with Eljen system you can do a reduction in
the size of the bed 30 percent, something like that. But you've decided not to, you're going to go
with the full size to ensure some extra protection. You put it as far away as the property lines will
allow you and the other structures from Lake George as you possibly can. Alright, questions
from the Town Board?
COUNCILMAN MCNULTY-No.
SUPERVISOR STROUGH-Having none at this time, are there any members of the public, and I
do have a letter. Where did I put it? From Mark Haverly, an adjoining neighbor on the south side
just was wondering if the Town Board could condition this to have the applicant put a native
planted buffer around the shoreline of the property? I don't know if that falls within the purview
of the scope of what we can and can't do. We're looking at the system, the septic system
Regular Town Board Meeting, 03-18-2024, MTG 910 638
variances from Town Code which are very common because the Town Code is under ideal
situations and very few lots, especially on Lake George, meet those ideal conditions. So, you
have to give variances but that would be more of a Planning Board action I believe.
MARK HAVERLY-It's, it's the wrong.
SUPERVISOR STROUGH-But I don't think the Town Board conditions their approval or not on
a septic by requiring a shoreline buffer.
TOWN COUNSEL SCHACHNER-Are you looking here?
SUPERVISOR STROUGH-Yes, I'm looking at you Mark.
TOWN COUNSEL SCHACHNER-I mean you could only do it if there if it had a rational
connection to the criteria for the granting of the variance.
SUPERVISOR STROUGH-Yes, and it...
TOWN COUNSEL SCHACHNER-That's up to you but that might be a stretch.
SUPERVISOR STROUGH-I think it would be a stretch for us, it's more of a Planning Board
thing. Let me turn my phone off.
MR. HAVERLY-Can I interrupt here? That's not for.
SUPERVISOR STROUGH-No not now, Sir.
MR. HAVERLY-I'm Mark Haverly.
SUPERVISOR STROUGH-There will be an opportunity for you to speak.
DEPUTY TOWN CLERK MURPHY-He's reading it for the wrong one.
SUPERVISOR STROUGH-Very shortly.
COUNCILMAN METIVIER-What?
DEPUTY TOWN CLERK MURPHY-He's reading that to the wrong, to the wrong Public
Hearing.
COUNCILMAN MCNULTY-We just have to bring you up to the mic sir that's why.
SUPERVISOR STROUGH-So, Erik, I am going to open the Public Hearing right now and ask
you to return to your seat and I may ask you to return to the desk to respond to some of the
public's concerns.
COUNCILMAN METIVIER-John, is that the right letter?
SUPERVISOR STROUGH-What's that?
COUNCILMAN METIVIER-Is that the correct letter for this Public Hearing?
DEPUTY TOWN CLERK MURPHY-He's saying that goes to a different Public Hearing. The
one for this Public Hearing is a different person.
SUPERVISOR STROUGH-Is what? This is the Joshua's Rock.
DEPUTY TOWN CLERK MURPHY-You said Mark Haverly though, that's what he's saying.
SUPERVISOR STROUGH-Oh oh, I see Anthony Jackson.
DEPUTY TOWN CLERK MURPHY- Yes, that's what he was saying.
Regular Town Board Meeting, 03-18-2024, MTG 910 639
SUPERVISOR STROUGH-Thank you. Okay.
MR. HAVERLY-Sorry to interrupt but.
SUPERVISOR STROUGH-That's all they want. Alright, so the letter was from Anthony
Jackson, MD. 4 Highview Road and that's what they said, and I don't think its purview here
unless it was directly related to the septic system which I think I agree with Town Counsel and
that would, might be a stretch. Okay, anybody from the public would like to speak to this septic
variance request from Camp Allegra part of the Joshua Rock System? I say Joshua Rock
because Edgar Eggleston, a famous mid 19 century author, very popular in the 1850's, 1860's
quite a very good writer. I've read one of his books just to get familiar with him, but he has a
little library there and a whole family system has developed there, and it's got quite an
interesting history beyond what I've told you but. Anybody like to speak to this? Again, indicate
your interest. Alright, seeing none, I'll close the public hearing.
PUBLIC HEARING CLOSED
SUPERVISOR STROUGH-Any.
COUNCILMAN FREER-So John.
SUPERVISOR STROUGH-Yes.
COUNCILMAN FREER-I didn't speak up before because I wanted to hear what the, if there was
anybody from the public but from my standpoint I understand that Eljen system is an Enhanced
Treatment Unit but I don't believe we've approved stuff closer than 50, 52 feet or even close to
that without encouraging the applicant to consider a Fuji type system which I know is more
expensive and I know you meet requirements but this is in my mind not the best solution for the
Lake. Especially since we have the Lake on one side and the stream on the other side. I plan on
not approving this and would urge consideration of a Fuji.
SUPERVISOR STROUGH-Alright other Town Board thoughts?
COUNCILMAN MCNULTY-Well, as the engineer laid out and we walked the plan it meets the
requirements, you brought it up, it's not a premier system but it is a system that would take care
of the requirements as currently exist under the Town's regulations so. If we want to make that a
formal change, there's other ways to do that I wouldn't suggest doing that here but it meets the
regulations now, so I plan on supporting it.
SUPERVISOR STROUGH-Well and it actually in my sense of mind, it is an Enhanced
Treatment Unit. I prefer, really prefer a pretreatment but this is nevertheless an Enhanced
Treatment and the other thing that I think goes in the applicant's favor is it's larger than it has to
be, which is in my mind a good thing. So, I don't know. Anybody else? Thoughts?
COUNCILMAN DIXON-I had, I do have a question that didn't dawn on me until this moment
but is that just a seasonal use camp? Is it used in the wintertime?
MR. SANDBLOOM-Yes, it is seasonal, it's seasonal.
COUNCILMAN DIXON-When are they typically using it? They show up in the spring,
summer?
MR. SANDBLOOM-Yes, I mean typical Lake George seasonal you know probably at the
earliest maybe somewhat in May but usually doesn't, usually between Memorial Day and Labor
Day.
COUNCILMAN DIXON-Thank you.
Regular Town Board Meeting, 03-18-2024, MTG 910 640
SUPERVISOR STROUGH-Alright if there's no further questions from the Board I'll entertain a
motion.
RESOLUTION APPROVING THE CAMP ALLEGRA LEASEHOLD AND
JOSHUA'S ROCK CORPORATION'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 28,2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, the Camp Allegra Leasehold and Joshua's Rock Corporation (Applicant) filed
an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal
Ordinance, Chapter 136 to install a replacement onsite wastewater treatment system with certain of
its components to be located as follows:
1. House sanitary sewer pipe 37.1' from Lake George in lieu of the required 50' setback;
2. Septic tank 31.2' from Lake George in lieu of the required 50' setback;
3. Pump station 34.3' from Lake George lieu of the required 50' setback;
4. Effluent line to distribution box (force main) 37.8' from Lake George in lieu of the
required 50' setback;
5. Effluent line to distribution box (force main) 4.9' from the dwelling in lieu of the
required 10' setback;
6. Distribution box 63' from the Lake George tributary in lieu of the required 100'
setback;
7. Absorption field (Eljen mound) 61.2' from Lake George in lieu of the required 100'
setback;
8. Absorption field (Eljen mound) 52.5' from the Lake George tributary in lieu of the
required 100' setback; and
9. Absorption field(Eljen mound) 6.6' from the property line in lieu of the required 10'
setback;
on property located at 2 Joshua Rock 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, March 18'', 2024, and
WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners
within 500 feet of the subject property,
Regular Town Board Meeting, 03-18-2024, MTG 910 641
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 the Camp
Allegra Leasehold and Joshua's Rock Corporation for variances from the Sewage Disposal Ordinance
to install a replacement onsite wastewater treatment system with certain of its components to be
located:
1. House sanitary sewer pipe 37.1' from Lake George in lieu of the required 50' setback;
2. Septic tank 31.2' from Lake George in lieu of the required 50' setback;
3. Pump station 34.3' from Lake George lieu of the required 50' setback;
4. Effluent line to distribution box (force main) 37.8' from Lake George in lieu of the
required 50' setback;
5. Effluent line to distribution box (force main) 4.9' from the dwelling in lieu of the
required 10' setback;
6. Distribution box 63' from the Lake George tributary in lieu of the required 100'
setback;
7. Absorption field (Eljen mound) 61.2' from Lake George in lieu of the required 100'
setback;
8. Absorption field (Eljen mound) 52.5' from the Lake George tributary in lieu of the
required 100' setback; and
9. Absorption field(Eljen mound) 6.6' from the property line in lieu of the required 10'
setback;
on property located at 2 Joshua Rock Road in the Town of Queensbury and bearing Tax Map No:
239.19-1-2, and
BE IT FURTHER,
Regular Town Board Meeting, 03-18-2024, MTG 910 642
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 March, 2024, by the following vote:
AYES Mr. Metivier, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES Mr. Freer
ABSENT: None
1.2 PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF
THEODARE R. PELTIER FAMILY TRUST
Publication Date: March 9, 2024
SUPERVISOR STROUGH reviewed the proposed sewage variance application and the one
variance being requested. There is a Public Hearing on this tonight which I will open shortly
after Town Board discussions and so the agent for the applicant if you would please introduce
yourself and then feel further to add additional information.
MACKENZIE PELTON-Mackenzie Pelton from Rucinski Hall Architecture. So, for this system
we have designed a mound going back toward the back of the property. In conducting a survey
from VanDusen and Steves we did get a, about a 78-foot radius from the well to get the system
in with a three-foot separation to groundwater, that we encountered at 16 inches below grade and
maintaining a three on one for the slope on all sides. There's also a mound next door that is
connecting to the adjoining building. They pump it out to the back of the property to reach their
100-foot separation from their well as well as 100 foot from the property. So,the mound is pretty
similar off the back edge there. The existing system is just a tank and from what we assume is
either a dry well or a leech field and with the groundwater at 16 inches it is pretty clear that
anything below grade is not up to the Code.
SUPERVISOR STROUGH-And we did establish that after the mound goes in you'll have an
excess of three feet from the groundwater table...
MS. PELTON-Yes.
SUPERVISOR STROUGH-Questions from the Town Board before I open the Public Hearing?
COUNCILMAN FREER-Just to go on the record in these cases where we get next to minimal
distance from wells they are using a UV at the water source. That's a very good idea.
Regular Town Board Meeting, 03-18-2024, MTG 910 643
MS. PELTON-Yes, he, the owner is following the guidelines for, I can't remember what it was,
but they have to test the water every year within how many feet of the Lake.
SUPERVISOR STROUGH-Do they have UV protection on the water now?
MS. PELTON-They do already yes. Yes.
SUPERVISOR STROUGH-Any other questions from the Town Board? Alright, I'll open the
Public Hearing. Is there anybody that would like to speak to this sewage disposal variance being
requested by the Peltier Family Trust of 2460 Ridge Road? Seeing none, I'll close the Public
Hearing. Any additional thoughts from the Town Board? I'll entertain a motion.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING THE THEODORE R. PELTIER
FAMILY TRUST'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 29,2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Theodore R. Peltier Family Trust (Applicant) filed an application for a
variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter
136 to install a replacement sewage disposal system with its mound toe of slope to be located 78'
from the well in lieu of the required 100' setback on property located at 2460 Ridge 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 request on Monday, March 18'', 2024, 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 variance, the Local Board of Health determines that the variance 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 variance is necessary for the reasonable
use of the land and is the minimum variance which would alleviate the specific unnecessary
Regular Town Board Meeting, 03-18-2024, MTG 910 644
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 the Theodore
R. Peltier Family Trust for a variance from the Sewage Disposal Ordinance to install a replacement
sewage disposal system with its mound toe of slope to be located 78' from the well in lieu of the
required 100' setback on property located at 2460 Ridge Road in the Town of Queensbury and bearing
Tax Map No: 240.6-1-33, and
BE IT FURTHER,
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 variance is contingent upon the Applicant agreeing to install and
maintain an ultraviolet disinfection systems or equal (as determined by the Town Code Enforcement
Officer) on the water supply line from their well, 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 March, 2024, by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
1.3 PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF
LORRAINE KEIS
Publication Date: March 9, 2024
Regular Town Board Meeting, 03-18-2024, MTG 910 645
SUPERVISOR STROUGH reviewed the proposed sewage variance application.
LISA MIKULA-Hi, good evening.
SUPERVISOR STROUGH- Jeff couldn't make it.
MS. MIKULA-Right, Jeff could not make it. I'm Lisa Mikula, Lorraine Keis' daughter.
SUPERVISOR STROUGH-Alright, Alright. Lisa, I'll get to you in a minute, Lisa Mikula.
SUPERVISOR STROUGH continued to review the five variances being requested. This is for
property located on 276 Cleverdale Road and Lisa, you've introduced yourself. Is there anything
you'd like to add to this?
MS. MIKULA-Well, we've been working with Jeff to develop a plan that would be passed and
acceptable for everyone and unfortunately, he can't be here tonight so I feel like I'm not able to
explain the details as you know, an engineer would but we do want to be compliant with the
systems that are required and we're looking to go forward with this as soon as possible. I believe
I spoke with Jeff earlier today and I think there is one additional tree. If we take additional tree
down, we would be able to make a little more room for the system to go in and I believe we
could be within the 10 feet that's in question at this time.
SUPERVISOR STROUGH-Yes, we mentioned if he has to shift things around a little bit more,
he will have to get that northern tree.
MS. MIKULA-Yes and we're not opposed to that.
SUPERVISOR STROUGH-Anything from the Board?
COUNCILMAN MCNULTY-I think John just for the record the engineer he has a family issue
and so he went through a lot of the specifics with us so you wouldn't have to so you're not really
on the, on the, on the seat for that.
MS. MIKULA-Right, because I cannot explain that system to save my life.
SUPERVISOR STROUGH-Alright and so this particular is an Enhanced Treatment Unit and
that they are also proposing an Eljen system and but they are using 75, a reduction in size. Okay
just a note of that and so I'm going to open the Public Hearing.
COUNCILMAN MCNULTY-John if we could, question for the Board. The discussion you and
Harrison were having is this in line with what the Lake says now...
SUPERVISOR STROUGH-It wouldn't be in line with the Lake George Park Commission, but it
is in line with Chapter 136 of our Town Code, until we change it. We did offer to change it but
we haven't gotten there yet.
COUNCILMAN MCNULTY-Okay, thank you.
SUPERVISOR STROUGH-Any member of the public wish to speak to this? I know we, Mr.
Haverly, did ask you know to clarify that property line which I made the point of doing. Is there
any member of the public that would like to speak to this particular variance application?
MR. HAVERLY-Yes, I have a question.
SUPERVISOR STROUGH-Mr. Haverly come on up.
MR. HAVERLY-Come on up?
SUPERVISOR STROUGH-Yes you can sit down, Mrs. Mikula.
MS. MIKULA-Thank you.
Regular Town Board Meeting, 03-18-2024, MTG 910 646
MR. HAVERLY-Hi Mark Haverly at 272 Cleverdale so next door neighbor. Just one question,
the Keis' own the lot across the street why would that not be a better spot for this? But I'm
asking.
SUPERVISOR STROUGH-Well I can ask her.
MR. HAVERLY-Yes that a,that's all.
SUPERVISOR STROUGH-Yes alright.
MR. HAVERLY-That wouldn't be a bad spot.
SUPERVISOR STROUGH-Alright, I'll try to get an answer for that.
MR. HAVERLY- Thanks Sir.
SUPERVISOR STROUGH-Okay. Anybody else? Mrs. Mikula will you return to the table? You
have an empty lot, or the owner of the property has an empty lot across the street?
MS. MIKULA-There is a lot across the street, yes.
SUPERVISOR STROUGH-So and they don't want to use that to put your?
MS. MIKULA-No and we wanted it, it wasn't even, we never discussed it. Just seemed as
though it would be better to keep it closer to the house than across the street, it seemed.
SUPERVISOR STROUGH-Is that lot a buildable lot that's across the street?
MS. MIKULA-It is a buildable lot.
COUNCILMAN MCNULTY-Do you own the lot?
MS. MIKULA-Pardon me?
COUNCILMAN MCNULTY-Do you own the lot?
MS. MIKULA-I do not, my mother does.
COUNCILMAN MCNULTY-Okay so its part of the property now.
MS. MIKULA-Yes, it is.
COUNCILMAN MCNULTY-Okay.
SUPERVISOR STROUGH-Alright and the current disposal field is 175 feet from the Lake
which is significantly more than some of the others that we have approved that are even less than
100. Alright, any other questions before?
COUNCILMAN FREER-Just I want to go on the record that while I plan on supporting this
there's a question about, at least in my mind that the Lake George Park Commission no
reduction for Enhanced Treatment Units doesn't apply in their basin and this property is in the
Lake George Basin. So, it was confusing when the engineer was talking about exactly what kind
of reduction they were taking and probably end up in court if Lake George can figure out
whether if we have the authority to even waive it. But I'm prepared to approve this but I still
think we need to check on our rights and responsibilities and authorities with the Lake George
Park Commission.
SUPERVISOR STROUGH-We could make that absolutely clear by adopting the law as I
presented it to you.
COUNCILMAN FREER-And I'm happy to do that. I thought your whole discussion was how to,
did it affect Glen Lake and Sunnyside Lake and the other waterfront residentials. But I thought,
Regular Town Board Meeting, 03-18-2024, MTG 910 647
when I understood it,that Lake George Park Commission will apply to the whole basin and this
property is in the Basin.
SUPERVISOR STROUGH-Any further public wish to speak to this? Okay, seeing none I will
close the Public Hearing and entertain a motion.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING LORRAINE KEIS' APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 30,2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, Lorraine Keis (Applicant) filed an application for variances from provisions of
the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement
onsite sewage disposal system with certain of its components to be located as follows:
1. disposal field 2' from the property line in lieu of the required 10' setback;
2. disposal field 6' from the residence in lieu of the required 20' setback;
3. septic tank 5' from the residence lieu of the required 10' setback;
4. septic tank 6' from the property line in lieu of the required 10' setback; and
5. disposal field 175' from Lake George in lieu of the required 200' setback;
on property located at 276 Cleverdale 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, March 18'', 2024, 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
Regular Town Board Meeting, 03-18-2024, MTG 910 648
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 Lorraine Keis
for variances from the Sewage Disposal Ordinance to install a replacement onsite sewage disposal
system with certain of its components to be located:
1. disposal field 2' from the property line in lieu of the required 10' setback;
2. disposal field 6' from the residence in lieu of the required 20' setback;
3. septic tank 5' from the residence lieu of the required 10' setback;
4. septic tank 6' from the property line in lieu of the required 10' setback; and
5. disposal field 175' from Lake George in lieu of the required 200' setback;
on property located at 276 Cleverdale Road in the Town of Queensbury and bearing Tax Map No:
226.16-1-43, and
BE IT FURTHER,
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 March, 2024, by the following vote:
AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
Regular Town Board Meeting, 03-18-2024, MTG 910 649
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF J & D MARINA, LLC
RESOLUTION NO.: BOH 31,2024
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 20, 2023, the Local Board of Health approved the
application of J&D Marina, LLC(Applicant) for variances from the Sewage Disposal Ordinance to
maintain an existing septic treatment system not meeting today's current requirements on its property
located at 2546 State Route 9L in the Town contingent upon the Applicant installing flow monitoring
equipment and if maximum daily flow exceeded 500 gallons, Applicant would further apply for an
improved system to properly treat the actual flow amounts, and
WHEREAS, Applicant has completed such flow metering and as a result wishes to expand
the size of the soil absorption disposal field which will require an additional variance from Chapter
136 to allow a 2' vertical separation from the bottom of the disposal field to groundwater in lieu of
the required 3' vertical separation,
NOW, THEREFORE, BE IT
RESOLVED,that the Town of Queensbury's Local Board of Health will hold apublic hearing
on Monday, April 1", 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider J & D Marina, LLC's sewage disposal variance application concerning
property located at 2546 State Route 9L, Queensbury(Tax Map No.: 240.5-1-26) 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 18'h day of March, 2024, by the following vote:
Regular Town Board Meeting, 03-18-2024, MTG 910 650
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF EAST LAKE GEORGE HOUSE, LLC
RESOLUTION NO.: BOH 32,2024
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, East Lake George House, LLC (Applicant) has applied to the Local Board of
Health for a variance from Chapter 136, §136-11 which requires applicants to obtain a variance for a
holding tank system, as the Applicant wishes to temporarily connect four (4) future dwelling
structures (their construction to be approved by the Planning and Zoning Boards), each to two (2)
2,000 gallon precast concrete holding tanks, for a total use of eight(8)total holding tanks, while the
Rockhurst Community Sewer Project is underway, with the holding tanks only to be temporary until
the Sewer Project is complete and structures can be connected, on property located at 9 Seeyle Road
North 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 April 1st, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to
consider Kirkpatrick Family Homes' sewage disposal variance application concerning property
located at 9 Seeyle Road North in the Town of Queensbury (Tax Map No.: 227.17-1-60) 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.
Regular Town Board Meeting, 03-18-2024, MTG 910 651
Duly adopted this 18'h day of March, 2024, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 33, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into
the Regular Session of the Town Board of the Town of Queensbury.
Duly adopted this 18fh day of March, 2024 by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES None
ABSENT: None
2.0 PUBLIC HEARING
2.1 PUBLIC HEARING—PROPOSED 2024 AMENDMENT AGREEMENT FOR
EMERGENCY PROTECTION SERVICES WITH WEST GLENS FALLS
EMERGENCY SQUAD, INC.
Publication Date: March 9, 2024
SUPERVISOR STROUGH reviewed the proposed Amendment Agreement with West Glens
Falls Emergency Squad, Inc. There's a Public Hearing on this tonight and so are there any
questions from the Town Board? We do have representatives here.
COUNCILMAN MCNULTY-No.
SUPERVISOR STROUGH-We did discuss this in our Workshop.
COUNCILMAN MCNULTY-If I may John just that at the Workshop, they presented the data
that shows that this additional five hours is a sweet spot and there is a requirement, so they did
their homework and they presented as you said at the Town Board, at the Town Workshop.
SUPERVISOR STROUGH-Alright, there's a Public Hearing on this tonight I will open the
Public Hearing now. Is there any member of the public that would like to speak to this proposal
before us tonight?
COUNCILMAN MCNULTY-We do have one person on.
SUPERVISOR STROUGH-There is?
COUNCILMAN MCNULTY-Yes.
Regular Town Board Meeting, 03-18-2024, MTG 910 652
SUPERVISOR STROUGH-Where?
COUNCILMAN MCNULTY-Online.
SUPERVISOR STROUGH-Oh I have nothing over here Tim.
COUNCILMAN MCNULTY-Okay, see what I can do. I can't give.
SUPERVISOR STROUGH-Yes and I have nothing over here.
COUNCILMAN MCNULTY-So how do we do this, hold on.
SUPERVISOR STROUGH-What?
STOREDTECH-I'll remote in.
COUNCILMAN MCNULTY-I'm sorry.
STOREDTECH-I can remote into the...
COUNCILMAN MCNULTY-Its Queensbury chiefs. We're working on it.
SUPERVISOR STROUGH-Alright.
SHANE IRWIN-Can you hear me now.
SUPERVISOR STROUGH-Yes, we can hear you.
MR. IRWIN-Alright, good evening my name is Shane Irwin I'm the Queensbury EMS Chief. I
just wanted to let you know that Queensbury EMS does fully support West Glens Falls in this
Amendment. They are busy. When they get busy it trickles down to us. This extra money for
their paid staff will be very beneficial to the Town of Queensbury as well at their agency because
they are truly, they're running ragged at those times and just want to let you guys know that we
do support that as we work together as a team here to help cover the entire Town of Queensbury.
SUPERVISOR STROUGH-Yes and who is this again I'm sorry I didn't get that?
COUNCILMAN METIVIER-Shane, it's Shane Irwin.
COUNCILMAN MCNULTY-Shane Irwin.
SUPERVISOR STROUGH-Oh this is Shane, alright.
COUNCILMAN MCNULTY-Thank you.
SUPERVISOR STROUGH-Alright anything else Shane?
MR. IRWIN-Nope that's it.
SUPERVISOR STROUGH-Okay thank you. Alright, anybody else? Alright, I'll close the Public
Hearing and entertain a motion to approve.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING 2024 AMENDMENT AGREEMENT
FOR EMERGENCY PROTECTION SERVICES WITH
WEST GLENS FALLS EMERGENCY SQUAD, INC.
RESOLUTION NO.: 110, 2024
INTRODUCED BY: Mr. Anthony Metivier
Regular Town Board Meeting, 03-18-2024, MTG 910 653
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc.
(Squad) have entered into a 2024 Agreement for emergency protection services (Agreement) which
sets forth a number of terms and conditions including a condition that the Squad will not purchase or
enter into any binding contract to purchase any piece of apparatus, equipment,vehicles,real property,
or make any improvements that would require the Squad to acquire a loan or mortgage or use money
placed in a"vehicles fund"without prior approval of the Queensbury Town Board, and
WHEREAS,the Town Board and Squad negotiated terms for a 2024 Amendment Agreement
for emergency protection services to, among other things, add an additional paid service crew for an
extra shift of five(5) hours for an additional annual estimated cost of$80,000,which$80,000 would
be provided by: 1) an allocation of an additional $50,000 to the Squad from the Town's Emergency
Services Fund Balance;and 2)the shifting of$30,000 in the Squad's 2024 Primary Agreement/2024
budget from "Maintenance, Operations, Insurance, Capital Projects and Apparatus Replacement"to
"Paid Staffing," and
WHEREAS,by adding an additional daily paid service crew during the time when the Squad
experiences very high call volumes, the proposed Amendment Agreement will help improve
emergency services within the Town and therefore in accordance with Town Law §184, the Town
Board duly conducted a public hearing on Monday,March 18'',2024 and heard all interested persons
concerning the proposed Amendment Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the 2024 Amended
Agreement for emergency protection services between the Town of Queensbury and the West Glens
Falls Emergency Squad, Inc., and authorizes and directs the Town Supervisor to execute such
Amendment Agreement in substantially the form presented at this meeting, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or
Budget Officer to take such other and further actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 18'h day of March, 2024, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
Regular Town Board Meeting, 03-18-2024, MTG 910 654
2.2 PUBLIC HEARING—PROPOSED SEWER REHABILITATION PROJECT IN
GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT—
FORMER PERSHING-ASHLEY-COOLIDGE SEWER DISTRICT—BROADACRES
AREA
Publication Date: March 9, 2024
SUPERVISOR STROUGH reviewed the proposed sewer rehabilitation project. There's a Public
Hearing on this. Any thoughts on behalf of the Town Board before I open the Public Hearing?
Seeing none, hearing none, I'll open the Public Hearing. Any member of the public wish to
speak to this sanitary sewer rehabilitation project in the Broadacres area of Queensbury? Seeing
none, I'll close the Public Hearing and entertain a motion to approve and this authorizing
advertisement for bids for this project.
PUBLIC HEARING CLOSED
RESOLUTION DETERMINING PROPOSED SANITARY SEWER
REHABILITATION PROJECT IN GREATER QUEENSBURY
CONSOLIDATED SANITARY SEWER DISTRICT - FORMER PERSHING-
ASHLEY-COOLIDGE SEWER DISTRICT - BROADACRES AREA TO BE
IN THE PUBLIC INTEREST AND
AUTHORIZING ADVERTISEMENT FOR BIDS
RESOLUTION NO.: It1, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, the Queensbury Town Board duly established the Greater Queensbury
Consolidated Sanitary Sewer District(District) in accordance with New York State Law, and
WHEREAS, by Resolution No.: 344, 2023, the Town Board authorized engagement of
Delaware Engineering, DPC (Delaware), for the provision of professional engineering services
regarding the design, bidding, construction administration and observation services related to the
rehabilitation of the sanitary sewer system within the District specifically within the former Pershing-
Ashley-Coolidge Sewer District located in the Broadacres area of the Town that borders the City of
Glens Falls (Project), and
WHEREAS, Delaware has prepared an Engineering Report dated February 2024
concerning the proposed Project, together with an estimate of the cost of such improvements, and
WHEREAS,the Engineering Report has been duly filed in the Town Clerk's Office and made
available for public inspection, and
WHEREAS, although the Town of Queensbury is a town partially within the Adirondack
Park, the District does not contain State lands assessed at more than thirty-percent (30%) of the
Regular Town Board Meeting, 03-18-2024, MTG 910 655
total taxable assessed valuation of the District, so permission of the State Comptroller for the
proposed expenditure is not required under Town Law §202-b(5), and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and
award the bid to the lowest responsible bidder meeting New York State statutory requirements and
the requirements set forth in the Town's bid documents and specifications, and
WHEREAS, the Town Board determined that the Project is a Type II Action under the
State Environmental Quality Review Act (SEQRA ) and therefore no further SEQRA review is
required, and
WHEREAS, at a meeting held on March 4 h, 2024,the Town Board adopted a Resolution:
1. describing the proposed improvements as:
A. rehabilitation of the sanitary sewers with cured-in-place pipe to provide
structural integrity to the pipe and seals it from inflow and infiltration;
B. rehabilitation of the existing manholes to provide structural integrity and
seals them from inflow and infiltration; and
C. installation of three (3) additional manholes at the municipal boundary to
delineate the sewers and one (1) additional manhole on Ashley Place near
Coolidge Avenue, and replacement of an existing clean-out at the dead-end
of the sewer system. The manholes will be installed as access points for
maintenance and are required at the end of sewer lines per the
Recommended Standard for Wastewater Facilities also known as the Ten
States Standards; and
2. specifying the estimated cost of such improvements as $285,380 and indicating that
the cost of the improvements will be paid from the Greater Queensbury Consolidated
Sanitary Sewer District's Fund Balance; and
3. stating that the Town Board would meet on March 18'', 2024 to hear all persons
interested in this improvement of the District's facilities and to take such other and
further action as may be required or authorized by law; and
WHEREAS, a Notice of Public Hearing was posted and published not less than ten(10) days
nor more than twenty(20)days before the public hearing date, as required by Town Law §202-b, and
WHEREAS, a public hearing was duly held at the time and place set forth in said Notice, at
which all persons desiring to be heard were duly heard, and
Regular Town Board Meeting, 03-18-2024, MTG 910 656
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and
award the bid to the lowest responsible bidder meeting New York State statutory requirements and
the requirements set forth in the Town's bid documents and specifications
NOW, THEREFORE, IT IS HEREBY
RESOLVED:
1. Upon the evidence given at the Public Hearing, it is hereby found and determined
that it is in the public interest to make the improvements to the facilities of the
District as described in the Engineering Report at an estimated cost of$285,460.
2. The proposed improvements shall be constructed and installed as specifically
delineated in the Engineering Report and/or in bid documents and specifications to
be prepared by Delaware 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.
3. The Town Board hereby authorizes the Project and authorizes and directs the Town
Supervisor to take all actions necessary to effectuate this Resolution.
4. The Town Board hereby authorizes and directs the Town's Purchasing Agent to post
and publish an advertisement for bids for the Sanitary Sewer Rehabilitation Project
(Project) referred to in this Resolution and as will be set forth in bid documents and
specifications prepared by Delaware and/or the Town Purchasing Agent, receive all
bids, read them aloud and record the bids as is customarily done and present the bids
to the next regular or special meeting of the Town Board.
5. This Resolution shall take effect immediately.
Duly adopted this 18'h day of March, 2024 by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
Regular Town Board Meeting, 03-18-2024, MTG 910 657
2.3 PUBLIC HEARING—PROPOSED EXTENSION #7 TO GREATER
QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 575
BAY ROAD PROPERTY
Publication Date: March 5, 2024
SUPERVISOR STROUGH reviewed the proposed Extension to the Greater Queensbury
Consolidated Sanitary Sewer District. So, this is to extend the means and bounds of the current
district to include these merged parcels and there is a Public Hearing on this tonight. It will be
Extension 47. Is there anybody here tonight that wishes to speak to this proposed Extension of
the Greater Queensbury Consolidated Sewer District Extension 47? Town Board thoughts?
COUNCILMAN FREER-Well just to make sure people know that Schermerhorn is paying for
this, not us.
SUPERVISOR STROUGH-Yes, yes good point. Anything else? Alright I'll close the Public
Hearing and entertain a motion to approve.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING GREATER QUEENSBURY CONSOLIDATED
SANITARY SEWER DISTRICT EXTENSION #7 TO
GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER
DISTRICT TO SERVE 575 BAY ROAD PROPERTY
RESOLUTION NO.: 112, 2024
INTRODUCED BY: Mr. Michael Dixon
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury wishes to consider an extension of its Greater
Queensbury Consolidated Sanitary Sewer District to be known as Sanitary Sewer District
Extension 47 (Extension 47)to serve 575 Bay Road in the Town of Queensbury, New York, such
property consisting of two recently merged parcels (Tax Map Nos: 296.7-1-2 and 3)referred to as
the "Property" on which Property a 76 unit apartment style multi-family building and associated
work project including the sewer construction project/Extension 47 (Project) is proposed to be
constructed by Schermerhorn Properties, LLC (Developer) in accordance with New York Town
Law Article 12-A, and
WHEREAS, a Map, Plan and Report issued April 24, 2023 and revised February 15, 2024
has been prepared by Environmental Design Partnership, LLP (Map, Plan and Report) concerning
proposed Extension 47 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
Regular Town Board Meeting, 03-18-2024, MTG 910 658
WHEREAS,the Map,Plan and Report delineates the boundaries of the proposed Extension
47, 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, on October 24 h, 2023, the Town Planning Board, as Lead Agency, reviewed
and conducted a State Environmental Quality Review Act(SEQRA)Review of the Project referred
to as Planning Board Site Plan 61-2023 and Freshwater Wetlands 11-2023 Schermerhorn
Construction, LLC, such Project being an Unlisted Action and granted a Negative Declaration,
and
WHEREAS, subsequently it was discovered that a variance will be required from the
Town's Zoning Board of Appeals and on February 201h, 2024, the Town Planning Board
considered the new information and the details requesting the variance and, after due
consideration, readopted its Negative Declaration, and
WHEREAS,on February 26 h,2024 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 47;(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 Developer and not the Town of Queensbury; (e) the estimated cost of hook-up fees (if any) and
the estimated annual cost of Extension 47 to the developed Property in Extension 47;(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 47; and
WHEREAS, copies of the Public Hearing Order(PHO)were published and posted, and filed
with the State Comptroller's Office as required by law and posted on the Town website, and
WHEREAS,prior to publication of the PHO,a detailed explanation of how the estimated cost
of hook-up fees (if any) and cost of Extension 47 to the Property were computed was filed with the
Town Clerk for public inspection as part of the Map, Plan and Report, and
WHEREAS,the estimated annual cost of Extension 47 to the Property has been filed with the
Town Clerk and is made a part of the Map,Plan and Report, and
WHEREAS, the Town Board duly held a public hearing on proposed Extension 47 on
Monday, March 18'h, 2024 and considered the evidence and information, and
WHEREAS, the Town Board wishes to establish proposed Extension 47 in accordance with
Regular Town Board Meeting, 03-18-2024, MTG 910 659
Town Law Article 12-A,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby determines that:
1. Notice of Public Hearing was published and posted as required by law and is otherwise
sufficient;
2. All property and property owners within the Extension 47 are benefited thereby;
3. All property and property owners benefited are included within the limits of the
Extension;
4. It is in the public interest to establish, authorize, and approve the Greater Queensbury
Consolidated Sanitary Sewer District Extension 47 to the Greater Queensbury Consolidated Sanitary
Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk
with the boundaries and benefited properties of the Extension 47 to be as described in the Map,Plan
and Report and Public Hearing Order; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the Greater
Queensbury Consolidated Sanitary Sewer District Extension 47 in accordance with the boundaries
and descriptions set forth above and in the previously described Map, Plan and Report and Public
Hearing Order and construction of the improvements may proceed and service provided subject to
the following:
1. The obtaining of any necessary permits or approvals from the New York State
Department of Health;
2. The obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
3. The obtaining of any necessary permits or approvals from the New York State
Department of Transportation and any other required permits;
4. The Town being satisfied that construction of all improvements has occurred in
accordance with the Map, Plan and Report and subsequent dedication of all improvements to the
satisfaction of the Town;
5. Permissive Referendum in the manner provided in New York State Town Law Article
7; and
6. The adoption of a Final Order by the Town Board; and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to Permissive Referendum in the manner
provided by the provisions of New York State Town Law Articles 7 and 12A and the Town Board
Regular Town Board Meeting, 03-18-2024, MTG 910 660
authorizes and directs the Queensbury Town Clerk to file, post and publish such Notice of this
Resolution as may be required by law and to cause to be prepared and have available for distribution
proper forms for the petition and shall distribute a form to any person requesting such petition, and if
no such petition is filed within 30 days, to file a certificate to that effect in the Office of the County
Clerk and with the State Department of Audit and Control.
Duly adopted this 18'h day of March, 2024, by the following vote:
AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES)
No Public Comment.
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING GRANT APPLICATION FOR PURCHASE
OF MOBILE ROLLING SHELVING TO BE USED FOR STORAGE IN
TOWN CLERK/RECORDS CLERK/TAX RECEIVER'S OFFICE VAULT
RESOLUTION NO.: 113, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,the Queensbury Town Clerk/Tax Receiver/Records Clerk has advised the Town
Board that a Local Government Records Management Improvement Fund Grant from the New York
State Education Department State Archives and Records Administration (SARA) is available to
provide funding to the Town for the Town's purchase of mobile rolling shelving to be used for storage
in her Office's vault, and
WHEREAS,the Town Board wishes to authorize an application for these grant funds,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies the
Town Clerk/Tax Receiver/Records Clerk's application for a Local Government Records
Management Improvement Fund Grant from SARA to be used toward the purchase of mobile rolling
shelving for storage in the Town Clerk/Tax Receiver/Records Clerk's Ofbce's Vault and the Town
Clerk/Tax Receiver/Records Clerk,Town Supervisor and/or Town Budget Officer to take any further
actions necessary to effectuate the terms of this Resolution.
Regular Town Board Meeting, 03-18-2024, MTG 910 661
Duly adopted this 18'h day of March, 2024 by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
RESOLUTION AUTHORIZING PROMOTION OF GEORGE NICHOLAS
FROM WATER PLANT OPERATOR TRAINEE TO
WATER PLANT OPERATOR I
RESOLUTION NO.: 114, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury's Water Superintendent has recommended that the
Town Board authorize the promotion of George Nicholas from Water Plant Operator Trainee to Water
Plant Operator I at the Town's Water Treatment Plant as Mr.Nicholas: 1)meets the requirements for
the position; 2) has over one year experience operating the Plant, 3) has attained the required
certificate from New York State; and
WHEREAS,the Town Board wishes to authorize the requested promotion,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion
of George Nicholas from Water Plant Operator Trainee to Water Plant Operator I at the Town Water
Treatment Plant effective on or about March 19'', 2024 at the rate of pay specified in the Town's
CSEA Union Agreement for the position for the year 2024, and
BE IT FURTHER,
RESOLVED, that in accordance with the Town's Agreement with CSEA, such promotion
shall be subject to a 90 day trial (probationary) period and any other applicable Civil Service
requirements, and
BE IT FURTHER,
RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water
Superintendent, and/or Town Budget Officer to complete any forms and take any action necessary to
effectuate the terms of this Resolution.
Regular Town Board Meeting, 03-18-2024, MTG 910 662
Duly adopted this 18'h day of March, 2024 by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
IMPROVEMENT OF QUEENSBURY CONSOLIDATED
WATER DISTRICT FACILITIES - STATE ROUTES 9 AND 254
WATER MAIN REPLACEMENT PROJECT
RESOLUTION NO.: 115, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Queensbury Town Board duly established the Town of Queensbury
Consolidated Water District(the "District") in accordance with New York Town Law, and
WHEREAS, by Resolution No.: 335, 2023, the Queensbury Town Board authorized and
ratified emergency water main repairs relating to a catastrophic water main failure at the Intersection
of State Routes 9 and 254, and
WHEREAS, the Town Board wishes to now authorize improvement of the District's water
transmission facilities to restore permanent fire flow to the commercial district located south of
Quaker Road and east of Bay Road by replacing approximately 550 linear feet of 12" cast iron water
main with new 14" HDPE water main (12.40-inch I.D.) to be directionally drilled under Route 9
and Route 254 with a new casing piping and replacing the existing PRV vault with a new PRV
vault to be relocated on the other side of Route 254 (Project), in accordance with Town Law §202-
b, and
WHEREAS, by Resolution No.: 261, 2021, the Town Board accepted a total of
$2,794,633.02 in American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Grant
Funds from the New York State Department of Budget, such Recovery Funds to be used in
accordance with the terms and conditions to be set forth by the New York State Department of
Budget and/or the Federal Government, and established the ARPA Coronavirus Local Fiscal
Recovery Capital Project No. 241 and the Town Board wishes to use some of these Recovery
Funds, as well as funds from the Town Water Department's Undesignated, Unassigned Fund
Balance Account No.: 040-0000-0909 and/or by issuance of Bond Anticipation Note(s) (which
would have to be duly authorized by a subsequent Bond Resolution), for this qualifying
infrastructure investment Project, and
Regular Town Board Meeting, 03-18-2024, MTG 910 663
WHEREAS,the Town Water Superintendent previously recommended that the Town Board
engage the professional engineering services of Delaware Engineering, DPC (Delaware) for the
design,bidding and construction administration and observation services related to the Project and by
Resolution No.: 51, 2024, the Town Board authorized engagement of Delaware for such services
and the establishment of the State Routes 9 and 254 Water Main Repairs Capital Project No.: 252,
and
WHEREAS, Delaware has prepared an Engineering Report issued March 2024 concerning
the Project together with an estimate of its cost, a copy of which Engineer's Report is duly filed in
the Queensbury Town Clerk's Office and made available for public inspection and presented at this
meeting, and
WHEREAS, as detailed in the Engineering Report, this is a replacement of the water
infrastructure in kind on the same site which also includes street openings and right-of-way openings
to reconstruct and maintain the existing utility facilities, and therefore a Type 11 action under 6
NYCRR Section 617.5(c)(6) and (c)(2) of the State Environmental Quality Review Act (SEQRA)
regulations and therefore, no further environmental review is required, and
WHEREAS, although the Town of Queensbury is a Town partially within the Adirondack
Park, the District does not contain State lands assessed at more than thirty percent (30%) of the
total taxable assessed valuation of the District, so permission of the State Comptroller to the
proposed expenditure is not required under Town Law §202-b(5),
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The project is a SEQRA Type II action pursuant to 6 NYCRR Section 617.5(c)(6)
and(c)(2) and therefore the project is not subject to SEQRA review.
2. The proposed improvements consist of the replacement of approximately 550 linear
feet of 12" cast iron water main with new 14" HDPE water main (12.40-inch I.D.) to be
directionally drilled under Route 9 and Route 254 with a new casing piping and replacing the
existing PRV vault with a new PRV vault to be relocated on the other side of Route 254.
3. The estimated cost of such improvements is $1,354,250.
4. The cost of the improvements will be funded by ARPA Funds, funds from the Town
Water Department's Undesignated, Unassigned Fund Balance Account No.: 040-0000-0909
and/or by issuance of Bond Anticipation Note(s) (which would have to be duly authorized by a
subsequent Bond Resolution), to be paid from Capital Project Fund No.: 252.
Regular Town Board Meeting, 03-18-2024, MTG 910 664
5. The proposed improvements shall be constructed and installed as specifically
delineated in the Engineering 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.
6. The Town Board shall meet and hold a public hearing at the Queensbury Activities
Center, 742 Bay Road, Queensbury, New York at 7:00 p.m., on Monday, April 1", 2024 to hear all
persons interested in the improvement of the District facilities described above and to take such other
and further action as may be required or authorized by law.
7. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly
publish and post this Order not less than ten (10) days nor more than twenty (20) days before the
public hearing date, as required by Town Law §202-b.
Duly adopted this 18'h day of March, 2024 by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF STANTON FENCE
FOR SPORT FIELD FENCING PROJECT AT JENKINSVILLE PARK
RESOLUTION NO.: 116, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 432, 2023, the Queensbury Town Board authorized
expenditures for specific Town Parks and Recreation Department capital improvements and certain
maintenance projects including Capital Projects at the Jenkinsville Parks (Capital Projects), and
WHEREAS, the Parks and Recreation Director (Director) requested and received three (3)
quotes for softball field safety fencing related to the Capital Projects and the lowest received quote
is from Stanton Fence dated 3/l/24 in the amount of$11,270, and
WHEREAS,the Director has accordingly requested Town Board approval to accept the quote
and engage the services of Stanton Fence,
NOW, THEREFORE, BE IT
Regular Town Board Meeting, 03-18-2024, MTG 910 665
RESOLVED, that the Queensbury Town Board hereby authorizes the Parks and Recreation
Director to accept the quote and engage the services of Stanton Fence to install softball field safety
fencing at Jenkinsville Park for an amount not to exceed$11,270 in accordance with Stanton Fence's
quote dated 3/l/24 substantially in the form presented at this meeting, to be paid for from Account
No: 138-7110-2899, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Parks
and Recreation Director and/or Budget Officer to take all such other and further actions as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 181h day of March, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
RESOLUTION AUTHORIZING RIGHT-OF-ENTRY AGREEMENT WITH
NATIONAL GRID REGARDING ACCESS TO PROPERTY RELATED TO
PROPOSED PEGGY ANN & NATIONAL GRID RIGHT-OF-WAY TRAILS
RESOLUTION NO.: 117, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Labella Associates, on behalf of the Town of Queensbury, wishes to access
certain property located in the vicinity of Maple Drive and Sherman Avenue in the Town identified
as Tax Map Nos: 302.17-3-58 and 309.5-1-4 and owned by National Grid, for land surveying
purposes related to the construction, use and maintenance of the proposed Peggy Ann Trail and
National Grid Right-of-Way Trail, and
WHEREAS,National Grid has agreed to permit access to the property provided that the Town
enter into a Right of Entry Agreement as presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Right of Entry
Agreement for Access to National Grid Property and authorizes and directs the Town Supervisor to
execute the Agreement in substantially the form presented at this meeting and the Town Supervisor
and/or Labella Associates to take such other and further actions as may be necessary to effectuate the
terms of this Resolution.
Regular Town Board Meeting, 03-18-2024, MTG 910 666
Duly adopted this 18'h day of March, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
RESOLUTION AUTHORIZING EXECUTION OF NON-BINDING
LETTER OF INTENT CONCERNING POSSIBLE SOLAR POWER
PROJECT -AC POWER DEVELOPMENT COMPANY, LLC
RESOLUTION NO.: 118, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury is considering entering into a lease of its real
property located at 1396 Ridge Road for the development and construction of a grid-connected
solar photovoltaic generation facility with AC Power Development Company, LLC (Project), and
WHEREAS,the Town Board wishes to authorize a non-binding Letter of Intent(LOI)setting
forth the preliminary terms and conditions relating to the possible Project as set forth in the proposed
LOI presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board authorizes the Town Supervisor to sign the
non-binding Letter of Intent with AC Power Development Company, LLC regarding the potential
lease of real property for solar development as set forth above in substantially the form presented at
this meeting and further authorizes and directs the Town Supervisor and/or Town Counsel to take any
further actions necessary to effectuate the terms of this Resolution.
Duly adopted this 18'h day of March, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND THE CONKLING CENTER
Regular Town Board Meeting, 03-18-2024, MTG 910 667
RESOLUTION NO.: 119, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town
residents to enter into community service Agreements with certain organizations for the provision of
community-based services and benefits and therefore wishes to contract with The Conkling Center to
support The Conkling Center's On The Go Transportation Program for senior community members,
and
WHEREAS, a proposed Agreement between the Town and The Conkling Center has been
presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between
the Town and The Conkling Center for the year 2024 with funding for the Agreement not exceeding
the sum of $12,500 and authorizes and directs the Town Supervisor to execute the Agreement in
substantially the form presented at this meeting, to be paid for from Community Services Account
No.: 001-8989-4414.
Duly adopted this 18'h day of March, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF LABELLA
ASSOCIATES, D.P.C. FOR PROVISION OF PROFESSIONAL
ELECTRICAL ENGINEERING SERVICES RELATED TO
INSTALLATION OF EV CHARGING STATIONS AT TOWN HALL
RESOLUTION NO.: 120, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury's Facilities Manager has recommended that the
Town Board engage LaBella Associates, D.P.C. for professional electrical engineering services
associated with the installation of EV charging stations at the Town Hall Building Complex for an
amount not to exceed $8,000 as delineated in LaBella Associates, D.P.C.'s Professional Services
Regular Town Board Meeting, 03-18-2024, MTG 910 668
Agreement dated February 2024 presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes and directs the engagement
of LaBella Associates, D.P.C. for professional electrical engineering services associated with the
installation of EV charging stations at the Town Hall Building Complex for an amount not to exceed
$8,000 as delineated in LaBella Associates,D.P.C.'s Professional Services Agreement dated February
2024, such services to be paid for from Town Hall EV Stations Capital Project No.:249 Account No.:
249-1620-2899, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor to execute the
Professional Services Agreement substantially in the form presented at this meeting and/or any
necessary documentation and the Town Supervisor, Town Facilities Manager and/or Town Budget
Officer to take all actions necessary to effectuate the terms of this Resolution.
Duly adopted this 18'h day of March, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON QUEENSBURY
EMERGENCY MEDICAL SERVICES' PROPOSAL TO PURCHASE
EMERGENCY EQUIPMENT FOR ITS AMBULANCE AND USE TAX-
EXEMPT FINANCING FOR SUCH PURCHASE
RESOLUTION NO.: 121, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 424, 2023,the Queensbury Town Board approved its 2024
Emergency Ambulance Services Agreement (Agreement) with the Bay Ridge Rescue Squad, Inc.,
DBA: Queensbury Emergency Medical Services, (Squad), and
WHEREAS, such Agreement sets forth a number of terms and conditions, including a
condition that the Squad will not purchase or enter into any binding contract to purchase any piece of
apparatus, equipment, vehicles, real property, or make any improvements that would require the
Regular Town Board Meeting, 03-18-2024, MTG 910 669
Squad to acquire a loan or mortgage without prior approval of the Town Board, and
WHEREAS, by Resolution No.: 149, 2023 the Town Board approved the Squad's proposal
to purchase a 2023 Ford F-350 Demers Brand Ambulance at a purchase price not to exceed
$300,000 by using:
1. $ 20,000—approximate cash down payment; and
2. $280,000-maximum amount of tax-exempt financing with the Adirondack Trust
Company; and
WHEREAS, by Resolution No.: 76, 2024 the Town Board amended such Resolution to
approve the Squad's sale of its 1997 Ford ambulance toward the new ambulance purchase rather than
the sale of its year 2016 ambulance, and
WHEREAS, the Squad has advised the Town Board that as the emergency equipment in
the Squad's 1997 ambulance is outdated,the Squad needs to outfit its new ambulance with certain
new emergency equipment for an amount not to exceed $86,958.90 (including the cost of a five
year warranty) and would like such cost added to its ambulance loan, thereby increasing its
$280,000 maximum amount of tax-exempt financing approved by Resolution No.: 149, 2023 to a
maximum amount of tax-exempt financing not exceeding$352,740, and
WHEREAS,the Town Board wishes to set a public hearing concerning the Squad's proposed
emergency equipment purchase, as Town Board approval is required by the Squad's Agreement with
the Town and such proposed tax-exempt financing requires a public hearing under the Internal
Revenue Code,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board shall conduct a public hearing concerning the
Queensbury Emergency Medical Services' proposed emergency equipment purchase for its new
ambulance and the use of tax-exempt financing on Monday, April 15'', 2024 at 7:00 p.m., and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish
a Notice of Public Hearing in the Post-Star Newspaper once at least fourteen (14) days prior to the
Public Hearing.
Duly adopted this 18'h day of March, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
Regular Town Board Meeting, 03-18-2024, MTG 910 670
RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF
PICK-UP TRUCK FOR BUILDING AND GROUNDS DEPARTMENT
RESOLUTION NO.: 122, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, in accordance with Resolution No.: 104, 2024, the Town of Queensbury's
Purchasing Agent duly advertised for bids for the purchase of 2023 or newer Ford F-550 pick-up
truck for the Building and Grounds Department to replace a year 2013 F-550 pick-up truck (Town
Asset No.: 9016) as described in bid documents/specifications prepared by the Facilities Manager
and/or Town Purchasing Agent, and
WHEREAS, on March 13, 2024, the one received bid was opened, and the Facilities
Manager and Purchasing Agent have reviewed it and recommended that the Town Board authorize
the bid award to the only and therefore lowest, responsible bidder, Auto Saver Ford, for a 2024
Ford F-550 Pick-up Truck for an amount not to exceed $80,317,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for a
2024 Ford F-550 Pick-up Truck for the Building and Grounds Department to the only and therefore
lowest, responsible bidder, Auto Saver Ford, for an amount not to exceed $80,317 as set forth in
Auto Saver Ford's 3/13/24 Bid Proposal substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such
purchase shall be from Equipment Vehicle Replacement Capital Project Fund No. 195, Account
No.: 195-1640-2020 and the Town Budget Officer shall amend the 2024 Town Budget, make any
budget amendments and/or prepare any documentation necessary to effectuate payment, and
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(a year
2013 F-550 pick-up truck {Town Asset No.: 90161) and deposit any sales proceeds into the
appropriate revenue account(s) in accordance with the Town Code and New York State Laws, and
Regular Town Board Meeting, 03-18-2024, MTG 910 671
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Facilities Manager, 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 March, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 03192024
RESOLUTION NO.: 123, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as
Warrant: 03192024 with a run date of 03/14/2024 and a payment date of 03/19/2024,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented
as Warrant: 03192024 with a run date of 03/14/2024 and a payment date of 03/19/2024 totaling
$1,018,559.30, 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.
Duly adopted this 18'h day of March, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
Regular Town Board Meeting, 03-18-2024, MTG 910 672
RESOLUTION OF DETERMINATION THAT TOWN OF QUEENSBURY
DOES NOT WISH TO BE PERMITTEE OR OPERATOR OF LAKEWOOD
HOMEOWNERS ASSOCIATION'S
EXISTING COMMUNITY SEPTIC SYSTEM
RESOLUTION NO.: 124, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,the Lakewood Homeowners Association(HOA), a 14-lot single family home
subdivision located along Lakewood Drive within the Towns of Queensbury and Fort Ann, has
advised the Town that the HOA will be submitting a permit application to the New York State
Department of Environmental Conservation(NYSDEC) for its community septic system(system)
installed in approximately 1982 but which system apparently never received a NYSDEC
wastewater discharge permit, and
WHEREAS, the HOA indicates that it will be making a submission to NYSDEC and has
asked that the Town provide a written statement making clear its position on becoming a permittee
and/or system operator in relation to this system, and
NOW, THEREFORE, BE IT
RESOLVED,that the Town Board hereby determines that Town operation and maintenance
of this system is not a viable option as this is an existing system, located mostly in Washington
County and the Town has no current right to enter onto the private property for purposes of
maintenance and repair, and therefore, the Town does not wish to operate or be the permittee in
relation to the system, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor and/or Town Counsel
to issue a letter to the appropriate State agency or department setting forth the Town's position on
this matter and further authorizes the Town Supervisor and/or Town Counsel to take any further
actions necessary to effectuate the purpose of this Resolution.
Duly adopted this 18'h day of March, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
Regular Town Board Meeting, 03-18-2024, MTG 910 673
RESOLUTION ACCEPTING SOLAR DECOMMISSIONING PLAN,
AGREEMENT AND BOND FORM FOR SOUTHERN GATEWAY
RENEWABLES, LLC ASSOCIATED WITH TAX MAP PARCEL NOS:
303.8-1-1 AND 303.12-1-3
RESOLUTION NO.: 125, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Southern Gateway Renewables, LLC(Southern Gateway)proposes developing
a five megawatt AC solar farm facility at property located off of Queensbury Avenue and identified
as Tax Map Parcel Nos. 303.8-1-1 and 303.12-1-3 (the "Project"), and
WHEREAS, the Planning Board considered applications for the Project, which application
materials included a Decommissioning Plan,and at its meeting of October 18,2022,the Queensbury
Planning Board approved Site Plan 55-2022 and Special Use Permit 4-2022, and
WHEREAS, during Planning Board review, the Planning Board provided all application
materials, including the Decommissioning Plan, to the Town Designated Engineer for review and
comment, and
WHEREAS,before approving the Site Plan and the Special Use Permit,the Town Designated
Engineer provided a final letter indicating that it had no further comments on the Project indicating
the application satisfied requirements under the Town Zoning Code, and
WHEREAS, Queensbury Town Code Chapter 179 "Zoning" §179-10-070 DD requires
that Decommissioning Plans be approved by the Town Board, and
WHEREAS, the following documents are presented at this meeting: 1) Decommissioning
Agreement, 2) Decommissioning Plan, and 4) Decommissioning Bond,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby approves the Decommissioning Plan,
Decommissioning Agreement and Decommissioning Bond for Southern Gateway Renewables
associated with Tax Map Parcel Nos: 303.8-1-1 and 303.12-1-3 as delineated in the preambles of
this Resolution and in substantially the same form as presented at this meeting, and
BE IT FURTHER,
Regular Town Board Meeting, 03-18-2024, MTG 910 674
RESOLVED, that the Town Supervisor is hereby authorized to execute the
Decommissioning Agreement and Bond in forms acceptable to the Town Supervisor and Town
Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Budget Officer, Town Clerk, Town Zoning Administrator, Planner and/or Town Counsel to
take any other actions necessary to effectuate the intent and provisions of this Resolution.
Duly adopted this 18'h day of March, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
RESOLUTION ACCEPTING SOLAR DECOMMISSIONING PLAN,
AGREEMENT AND BOND FORM FOR NORTHERN GATEWAY
RENEWABLES ASSOCIATED WITH
TAX MAP PARCEL NO: 297.15-1-1
RESOLUTION NO.: 126, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,Northern Gateway Renewables, LLC(Northern Gateway)proposes developing
a five megawatt AC solar farm facility at property located at 443 Queensbury Avenue and identified
as Tax Map Parcel No. 297.15-1-1 (the "Project"), and
WHEREAS, the Planning Board considered applications for the Project, which application
materials included a Decommissioning Plan,and at its meeting of October 18,2022,the Queensbury
Planning Board approved Site Plan 56-2022 and Special Use Permit 5-2022, and
WHEREAS, during Planning Board review, the Planning Board provided all application
materials, including the Decommissioning Plan, to the Town Designated Engineer for review and
comment, and
WHEREAS,before approving the Site Plan and the Special Use Permit,the Town Designated
Engineer provided a final letter indicating that it had no further comments on the Project indicating
Regular Town Board Meeting, 03-18-2024, MTG 910 675
the application satisfied requirements under the Town Zoning Code, and
WHEREAS, Queensbury Town Code Chapter 179 "Zoning" §179-10-070 DD requires
that Decommissioning Plans be approved by the Town Board, and
WHEREAS, the following documents are presented at this meeting: 1) Decommissioning
Agreement, 2) Decommissioning Plan, and 4) Decommissioning Bond,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby approves the Decommissioning Plan,
Decommissioning Agreement and Decommissioning Bond for Northern Gateway Renewables
associated with Tax Map Parcel No: 297.15-1-1 as delineated in the preambles of this Resolution
and in substantially the same form as presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is hereby authorized to execute the
Decommissioning Agreement and Bond in forms acceptable to the Town Supervisor and Town
Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Budget Officer, Town Clerk, Town Zoning Administrator, Planner and/or Town Counsel to take
any other actions necessary to effectuate the intent and provisions of this Resolution.
Duly adopted this 18'h day of March, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
5.0 CORRESPONDENCE-None
6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES)
THOMAS KENNEY, Jenkinsville Road-Spoke in reference to the proposed extension of the
Queensbury Municipal Water for the Jenkinsville area. He understands there is a process and
wondered if the Board was in a position to start to put together a schedule so that people can
begin to understand the process, the major thresholds and for their own purposes so they can plan
on having water available to connect to for moving forward.
Regular Town Board Meeting, 03-18-2024, MTG 910 676
SUPERVISOR STROUGH noted that the Town Board will be conducting a workshop in the
near future with the Town's engineer CT Male to discuss the best possibility to provide
municipal water to the Jenkinville's area. We will be applying for a grant as well towards this
goal.
JEAN LAPPER reported that it was Women's History month and spoke regarding the Equal
Rights Amendment that will be on the Ballot in November. I want to bring it to the Town
Boards attention and to request their support and endorsement. (Handout given on file)
MARY ENHORNING spoke to express her support of the Equal Rights Amendment in hopes
that the Board will support this Amendment.
7.0 TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER(WARD I)—Nothing to report.
COUNCILMAN FREER(WARD II)
• Congratulations to the Glens Falls High School State Championship Basketball Team. It was
wonderful to watch.
• Thank you, Jean for bringing the Amendment to our attention and we will continue to work
to make sure people recognize that it will be on the ballot in November and find ways to make
it important and noticeable, so people are aware and don't forget to turn the ballot over and
vote.
COUNCILMAN DIXON(WARD III)
• Stated his support for the New York State Equal Rights Amendment and that we should all
treat each other with dignity and respect and that it is embarrassing that in this day in age this
is still happening.
COUNCILMAN MCNULTY(WARD IV)
• Stated that he agreed with what Mike said regarding Equal Rights.
• Reported that he has received calls from residents about garbage being dumped all around
Town. Over off of Big Boom, off of Quaker and just wanted to let residents know that if this
is happening to let the Town Board or Code Enforcement know and will go out and look at it
and try to identify the person if possible and at least get it cleaned up. Please let us know if
you see something and we will take care of it.
SUPERVISOR STROUGH
• Reported that there was a Feeder Canal Alliance meeting, and they brainstormed on
improving that Trail. I give a lot of credit to Pattie Simone who is the Executive Director of
the Feeder Canal Alliance. She is very progressive and aggressive in wanting to do the right
things for the Feeder Canal and her President of her Board,Howard Raymond, and the rest of
us give her a lot of support moving it forwards. If there is anything that you would like to see
going forward in terms of the Feeder Canal go to the website and share it with Pattie,please.
• Attended the Adirondack Regional Chamber of Commerce annual meeting and the J. Walter
Juckett Award was given to a very deserving individual, Robert Nemer. A lot of you don't
know of his efforts to save the Civic Center and the Coalition to save the Civic Center. His
support for the Hyde,the Chapman, and the other cultural institutions. He does a lot for the
area in terms of Lake George and the water protection for Lake George. He's involved with
everything, so very deserving of this Award.
• Recently attended two banquets and will have multiple more in the near future. Attended
the South Queensbury and the West Glens Falls Fire Banquets. Next week is Bay Ridge
Banquet,the week after that is Queensbury EMS, West follows after that. So,there will be
seven banquets in all from our emergency services group. I often swear in the new officers
for the year, both the line and the executive officers, but all these are volunteers. I am glad to
go to all of these banquets and I know the Town Board Members, if they can,they will
Regular Town Board Meeting, 03-18-2024, MTG 910 677
attend the banquets. It's the least we can do to show our support.
• Announced that National Grid is putting in an advanced metering infrastructure. They are
also called smart meter implementation. They are doing Central and Western New York and
will be here in our area soon. They will be doing it in four phases. So, a new more efficient
system is coming.
• Referred to the recent new Tax Assessment and explained the process and how it may or
may not affect taxes.
• Reported that he and Diane Collins put together a book titled the "Queensbury Trails Lore
Landscape and Wildflowers". I did the lore and history, and Diane did the flower part and I
think you will find the book very worthwhile especially if you are using our trail system.
• Reviewed the Annual Residential Spring Pick-up noting the restrictions. All must be bagged
and must be biodegradable, out by:
o Ward 4 -May 6�h
o Ward 2-May 13'h
o Ward 1 -May 20'h
o Ward 3 -May 28�h
• Announced the Warren County Household Hazardous Waste Collection will be held on
Saturday, May 111h at the Town of Queensbury Highway Department. Pre-register with
Warren County DPW. They will not accept gas, munitions, automotive oil, batteries,
asbestos, pharmaceuticals, infectious waste, or tires.
• Announced that there is a burn ban in effect from March 161h - May 141h.
• Reported that this Town Board has been very supportive of a work safety program which
in turn has decreased costs and saved taxpayers a lot of money.
• Thank you, Joel Barlow and Jessie Jackson, from Look TV and thank you our Town
Counsel Mark Schachner from Miller, Mannix, Schachner, and Hafner, and our Deputy
Town Clerk Betty Murphy,the Town Board and the Public, I want to thank you for coming
tonight.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 127, 2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this 18th day of March,2024,by the following vote:
AYES: Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty
NOES: None
ABSENT: None
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER,RMC
TOWN CLERK
TOWN OF QUEENSBURY
MINUTES PREPARED BY BETTY MURPHY, DEPUTY TOWN CLERK II