05-20-2024 MTG #16 Regular Town Board Meeting, 05-20-2024, MTG#16 121
REGULAR TOWN BOARD MEETING MTG# 16
MAY 20, 2024 RES. #194-205
7:00 P.M. BOH #44-48
TOWN BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN MICHAEL DIXON
TOWN BOARD ABSENT
COUNCILMAN TIMOTHY MCNULTY
TOWN COUNSEL
Mark Schachner, Esq.
PRESS
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SUPERVISOR STROUGH called meeting to order...
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH
1.0 Queensbury Board of Health
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 194, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and enters into the Queensbury Board of Health.
Duly adopted this 20'h day of May, 2024, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES: None
ABSENT: Mr. McNulty
1.0 QUEENSBURY BOARD OF HEALTH
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF JAMES CONWAY
Regular Town Board Meeting, 05-20-2024, MTG#16 122
RESOLUTION NO.: BOH 44,2024
INTRODUCED BY: Mr. Michael Dixon
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal
Ordinance, and
WHEREAS, James E. Conway, on behalf of the James E. Conway Revocable Trust, has
applied to the Local Board of Health for variances from Chapter 136 to install a replacement onsite
wastewater treatment system with its toe of slope of raised bed system to be located:
1. 2' from the property line in lieu of the required 10' setback; and
2. 35' from the wetland in lieu of the required 100' setback;
on property located at 10 Antler Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing
on Monday, June 3rd, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider James E. Conways's sewage disposal variance application concerning
property located at 10 Antler Road in the Town of Queensbury(Tax Map No.: 240.9-1-2)and at that
time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500 feet of the property as required by law.
Duly adopted this 20d'day of May, 2024, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. Strough
NOES None
ABSENT: Mr. McNulty
RESOLUTION SETTING PUBLIC HEARING ON
SEWAGE DISPOSAL VARIANCE APPLICATION OF
RUTH FRIEDLANDER AND TERRY HOLOHAN
Regular Town Board Meeting, 05-20-2024, MTG#16 123
RESOLUTION NO.: BOH 45,2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal
Ordinance, and
WHEREAS, Ruth Friedlander and Terry Holohan (Applicants) have 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 Applicants wish to replace the existing wastewater septic
system by installing a 3,000 gallon capacity holding tank, which meets the holding tank capacity
required, on property located at 329 Cleverdale Road in the Town of Queensbury, and
WHEREAS, the Applicants have applied for additional variances from Chapter 136 to allow
placement of such holding tank:
1. 7' from the rear property line in lieu of the required 10' setback; and
2. 9.7' from the front property line in lieu of the required 10' setback;
NOW, THEREFORE, BE IT
RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing
on Monday, June 3rd, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury,to consider Ruth Friedlander and Terry Holohan's sewage disposal variance application
concerning property located at 329 Cleverdale Road in the Town of Queensbury (Tax Map No.:
226.12-1-40) and at that time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500 feet of the property as required by law.
Duly adopted this 20d'day of May, 2024, by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. McNulty
Regular Town Board Meeting, 05-20-2024, MTG#16 124
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF 9 CHESTNUT ROAD GLEN LAKE LLC
RESOLUTION NO.: BOH 46,2024
INTRODUCED BY: Mr. Michael Dixon
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, James Fallacaro, on behalf of 9 Chestnut Road Glen Lake, LLC, has applied to
the Local Board of Health for variances from Chapter 136 to install a replacement wastewater system
with certain of the components to be installed as follows:
1. Absorption bed to be located 79' from the neighbor's well in lieu of the required 100'
setback;
2. Enhanced Treatment Unit(ETU)to be located 3' from the property line in lieu of the
required 10' setback;
3. ETU to be located 6' from the residence in lieu of the required 10' setback;
4. South Pump Station to be located 3' from the property line in lieu of the required 10'
setback;
5. South Pump Station to be located 8' from the house in lieu of the required 10' setback;
6. North Pump Station to be located 6' from the property line in lieu of the required 10'
setback;
7. North Pump Station to be located 3' from the house in lieu of the required 10' setback;
8. Effluent Sewer and Force Main to be located 2' from the property line in lieu of the
required 10' setback;
9. 13' x 24' traffic-rated absorption bed to be located beneath the parking area;
on property located at 9 Chestnut Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing
on Monday, June 3rd, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider 9 Chestnut Road Glen Lake, LLC's sewage disposal variance application
concerning property located at 9 Chestnut Road in the Town of Queensbury (Tax Map No.: 289.13-
1-9) and at that time all interested persons will be heard, and
Regular Town Board Meeting, 05-20-2024, MTG#16 125
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500 feet of the property as required by law.
Duly adopted this 20t'day of May, 2024, by the following vote:
AYES Mr. Dixon, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: Mr. McNulty
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF PATRICIA AND JOSEPH TAYLOR
RESOLUTION NO.: BOH 47,2024
INTRODUCED BY: Mr. Harrison Freer
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, Patricia and Joseph Taylor have applied to the Local Board of Health for
variances from Chapter 136 to install a replacement on-site sewage disposal system with certain of
the components to be installed as follows:
1. Leach field to be located 5' from the property line in lieu of the required 10' setback;
2. Leach field to be located 5' from the building in lieu of the required 20' setback;
3. Well to be located 46' from the septic tank in lieu of the required 50' setback;
4. Well to be located 30' from the leach field in lieu of the required 100' setback;
5. Septic tank to be located 38' from the Hudson River in lieu of the required 50' setback;
6. Leach field to be located 54' from the Hudson River in lieu of the required 200'(due to
existing soils percolation rate being less than 3:00 minutes);
7. Septic tank is required to be anchored due to being in a type A flood zone;
8. Backwater flow preventer valve to be added to house sanitary line on exterior side of
basement wall due to being in a Type A flood zone;
9. Amended existing soils below Eljen sand filter bed due to a less than 3:00 minute
percolation rate;
on property located at 31 Hudson View Lane in the Town of Queensbury,
Regular Town Board Meeting, 05-20-2024, MTG#16 126
NOW, THEREFORE, BE IT
RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing
on Monday, June 3rd, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Patricia and Joseph Taylor's sewage disposal variance application
concerning property located at 31 Hudson View Lane in the Town of Queensbury (Tax Map No.:
320.6-1-5) and at that time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500 feet of the property as required by law.
Duly adopted this 20d'day of May, 2024, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: Mr. McNulty
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 48, 2024
INTRODUCED BY: Mr. Michael Dixon
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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 20d' day of May, 2024 by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: Mr. McNulty
2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT—3 MINUTES)
No public comment.
3.0 RESOLUTIONS
Regular Town Board Meeting, 05-20-2024, MTG#16 127
RESOLUTION AUTHORIZING ENGAGEMENT OF LABELLA
ASSOCIATES, P.C. FOR PROVISION OF PROFESSIONAL
ENGINEERING SERVICES RELATED TO SIDEWALK IMPROVEMENTS
RESOLUTION NO.: 195,2024
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Queensbury Town Board wishes to engage LaBella Associates, P.C.
(LaBella) for professional engineering services associated with performing survey, design, RFP and
bid document/specifications preparation services for construction of a new sidewalk along the west
side of Western Avenue between Barber Avenue and Grant Avenue Extension for an amount not to
exceed $17,000 as delineated in LaBella's Professional Engineering Services Proposal dated April
24, 2024 presented at this meeting, and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and
award the bid to the lowest responsible bidder(s)meeting New York State statutory requirements and
the requirements set forth in the Town's bid documents/specifications to be prepared by LaBella
and/or the Town Purchasing Agent,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes and directs the engagement
of LaBella Associates,P.C. for professional engineering services associated with performing survey,
design and RFP and bid document/specifications preparation services for construction of a new
sidewalk along the west side of Western Avenue between Barber Avenue and Grant Avenue
Extension for an amount not to exceed $17,000 as delineated in LaBella Associates, D.P.C.'s
Professional Engineering Services Proposal dated April 24, 2024, such services to be paid for from
Sidewalk Construction and Rehabilitation Capital Project No.: 250 Account No.: 250-5410-2899,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town's Purchasing
Agent to publish an advertisement for bids in the official newspaper for the Town of Queensbury for
the construction of the proposed sidewalks as will be set forth in bid documents/specifications to be
prepared by LaBella and/or the Town Purchasing Agent, and
BE IT FURTHER,
Regular Town Board Meeting, 05-20-2024, MTG#16 128
RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to
open all bids received,read the same aloud and record the bids as is customarily done and present the
bids to the next regular or special meeting of the Town Board, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor and/or Deputy
Town Supervisor to execute the Professional Engineering Services Proposal substantially in the form
presented at this meeting and/or any other necessary documentation and the Town Supervisor,Deputy
Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take all actions necessary
to effectuate the terms of this Resolution.
Duly adopted this 20t'day of May, 2024, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. Strough
NOES None
ABSENT: Mr. McNulty
RESOLUTION SETTING TOWN OFFICIALS' STANDARD WORKDAY
FOR RETIREMENT PURPOSES
RESOLUTION NO.: 196,2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, as required by the New York State and Local Retirement System (NYSLRS),
the Queensbury Town Board wishes to establish the standard work day for certain officials' titles
required to be reported to the NYSLRS based on their record of activities,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby establishes and ratifies the
following standard work days for the following title(s) and will report the official(s) to the New
York State and Local Retirement System based on their record of activities:
TITLE STANDARD NAME SOCIAL NYSLRS ID CURRENT RECORD OF
WORK DAY: (First and Last) SEC.NO. TERM ACTIVITIES
(Hrs/day) (Last 4 digits) BEGIN& RESULTS
Min. 6 hrs END DATES:
Max. 8 hrs
Councilperson 6 Gilbert Michael Dixon 6794 R12803077 1/1/2024-12/31/2025 5.14
Councilperson 6 Harrison Freer 1187 R12709856 1/1/2022-12-31-2023 6.95
Councilperson 6 Harrison Freer 1187 R12709856 1/1/2024-12-31-2025 6.95
Regular Town Board Meeting, 05-20-2024, MTG#16 129
Duly adopted this 20t'day of May, 2024, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. Strough
NOES None
ABSENT: Mr. McNulty
RESOLUTION TO AMEND 2024 TOWN BUDGET
RESOLUTION NO.: 197, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,the Town of Queensbury Budget Officer has duly initiated,justified and deemed
compliant the following Budget Amendment Requests with Town operating procedures and
accounting practices,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Accounting Office to take all action necessary to amend the 2024 Town Budget as follows:
To
Code Appropriation Code Appropriation $
Increase Revenue
040-0000-52680 Insurance Recovery 2,112
Increase Appropriation
040-8310-4130 Legal Retainer 2,112
004-1990-4400 Contingency 004-1680-4335 Software 1,000
Duly adopted this 20t'day of May, 2024 by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. Strough
NOES None
ABSENT: Mr. McNulty
RESOLUTION AUTHORIZING AGREEMENT
FOR EXPENDITURE OF HIGHWAY MONEYS
RESOLUTION NO.: 198,2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
Regular Town Board Meeting, 05-20-2024, MTG#16 130
WHEREAS, in accordance with New York State Highway Law §284, the Queensbury
Town Board wishes to authorize an Agreement between the Town Board and Town Highway
Superintendent for the Expenditure of Highway Moneys relative to moneys levied and collected
in the Town for the repair and improvement of highways and received from the State for State Aid
for the repair and improvement of highways,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes an
Agreement for the Expenditure of Highway Moneys between the Town Board and Town Highway
Superintendent relative to moneys levied and collected in the Town for the repair and improvement
of highways and received from the State for State Aid for the repair and improvement of highways
in form acceptable to the Town Board, Town Highway Superintendent, Town Budget Officer
and/or Town Counsel, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town
Board and Town Highway Superintendent to execute such Agreement, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor or
Deputy Town Supervisor to file a fully-executed original Agreement with the Queensbury Town
Clerk and the Warren County Department of Public Works and file copies of the fully-executed
Agreement in the offices of the Town Highway Superintendent and Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Deputy Town Supervisor, Town Highway Superintendent and/or Town Budget Officer to take such
other and further actions as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 20t'day of May, 2024 by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. Strough
NOES None
ABSENT: Mr. McNulty
RESOLUTION REGARDING "PROTEST PETITION" IN
CONNECTION WITH FOOTHILLS BUILDERS, LLC -
REZONING OF TAX MAP NO.: 303.5-1-79
Regular Town Board Meeting, 05-20-2024, MTG#16 131
RESOLUTION NO.: 199, 2024
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town Board considered a proposed zoning amendment to modify the
zoning affecting a parcel of property identified as Tax Map No: 303.5-1-79 located in the vicinity
of Meadowbrook and Ridge Roads ("Property"), and
WHEREAS, the Town Board caused a proposed zoning amendment Local Law to be
drafted and a Public Hearing was duly advertised for May 6, 2024, and
WHEREAS, on May 6, 2024, two documents were filed with the Town Clerk —the first
identifying itself as a Petition challenging the rezoning of the Property (Petition 1) and the second,
identifying itself as opposing potential future development of the Property (Petition 2), and
WHEREAS, the Town Board thereafter conducted a Public Hearing on May 6, 2024 at
which all persons interested were heard, and
WHEREAS, pursuant to New York Town Law § 265, when a valid Protest Petition is
submitted, any decision to adopt the proposed rezoning must be supported by at least 4 affirmative
votes, and
WHEREAS, the Town Board entertained a Motion to adopt the Local Law and rezone the
property at issue, which Motion was approved by a vote of 3 to 1 before there was opportunity to
evaluate the legal effect of the documents submitted on the day of the meeting, and
WHEREAS, the Town Board has had opportunity to more thoroughly analyze the
sufficiency of the submitted documents and to clarify their legal effect, if any, upon the question
of Local Law adoption,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby makes the following findings to
clarify the legal effect of Petition 1 and Petition 2:
1) Petition 2 does not identify itself as a Protest Petition and does not expressly object
to or oppose any proposed rezoning. Instead, this document is limited to stating
concerns regarding the specifics of a potential future development at the Property.
However, the Town Board does not have authority over the layout or design of any
future development at the site, nor does it have any authority over the particular
concerns voiced by the signatories of this document. Finally, it cannot be assumed
that the individuals signing Petition 2 knew or had any reason to believe that by
Regular Town Board Meeting, 05-20-2024, MTG#16 132
signing this document,they were objecting to any proposed rezoning of the site. For
these reasons, the Town Board finds that Petition 2 is not a valid Protest Petition
under Town Law Section 265 and had no effect upon the number of votes needed to
adopt the rezoning Local Law. In addition, even if this were not the case, Petition 2
does not contain signatures representing the owners of 20% or more of the lands
either immediately adjacent to or directly opposite the Property within the applicable
dimensional areas;
2) Petition 1 makes clear that those that signed this document did so in protest of a
proposed rezoning. However, upon review of the named petitioners and their
associated addresses, Petition 1 likewise does not contain signatures of the owners
of 20% of the lands either immediately adj acent to the Property and within 100 feet
therefrom or the lands directly opposite the Property and within 100 feet of the
relevant frontage. Therefore,because Petition 1 does not meet the requirements set
forth in New York Town Law § 265, the submission of Petition 1 did not trigger
any "supermajority" requirement and the vote of 3 to 1 was sufficient to adopt the
rezoning Local Law;
and
BE IT FURTHER,
RESOLVED, that the Town Supervisor, Town Clerk and Town Legal Counsel are
authorized and directed to take any further action necessary to effectuate the terms of this
Resolution, including causing Local Law No.: 3 of 2024 to be filed with the New York State
Secretary of State.
Duly adopted this 20t' day of May, 2024, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. Strough
NOES None
ABSENT: Mr. McNulty
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OR DISPOSAL OF OBSOLETE EQUIPMENT
RESOLUTION NO.:200,2024
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town
Board may authorize the sale of items which are no longer needed by the Town or obsolete, and
Regular Town Board Meeting, 05-20-2024, MTG#16 133
WHEREAS, the Town's Budget Officer requested that Town Departments advise of any
surplus items in their respective Departments and the Town Budget Officer did receive lists of items
from various Departments which are considered to be surplus, and
WHEREAS, the Budget Officer advised the various Town Departments of the surplus items
and did not receive any requests from the Departments for such surplus items and therefore has
requested Town Board authorization to sell the surplus items by using the auction company GovDeals
to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department
Manager(s),to be sold or disposed of as scrap or Ewaste,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus
items that are no longer needed by the Town or obsolete by using the auction company GovDeals to
dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department
Manager(s),to be sold or disposed of as scrap or Ewaste, as follows:
2007 International 7600 Highway 7503
2004 International 7600 Highway 4195
Dump body for 44195 Highway 4196
and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the
services of auction company GovDeals to sell/dispose of the surplus item(s) and all Town proceeds
from the sales shall be deposited into the appropriate revenue account(s) in accordance with the
Queensbury Town Code and New York State Laws, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
and/or Purchasing Agent to accept or reject any bids received online for any online auction bids and
the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such
further actions as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 20t'day of May, 2024, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. Strough
NOES None
ABSENT: Mr. McNulty
RESOLUTION REJECTING BID FOR SANITARY SEWER
Regular Town Board Meeting, 05-20-2024, MTG#16 134
REHABILITATION PROJECT IN GREATER QUEENSBURY
CONSOLIDATED SANITARY SEWER DISTRICT AND AUTHORIZING
RE-ADVERTISEMENT FOR BIDS
RESOLUTION NO.: 201,2024
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 344, 2023, the Queensbury 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 proposed rehabilitation of the sanitary sewer system within the Greater Queensbury
Consolidated Sanitary Sewer 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, General Municipal Law §103 requires that the Town advertise for bids and
award the bid to the lowest responsible bidder, and
WHEREAS, by Resolution No.: 111, 2024, the Town Board authorized the Town's
Purchasing Agent to post and publish an advertisement for bids for the Project as set forth in bid
documents and specifications prepared by Delaware and/or the Town Purchasing Agent, and
WHEREAS, following such advertisement and receipt of bids, the Town Purchasing Agent,
Water Superintendent/Wastewater Director and Delaware opened all received bids on May 6, 2024,
reviewed the bids and have recommended that the Town Board reject all received bids and re-
advertise for bids so that manholes related to the Project may be added to the Project as an alternate
component, and
WHEREAS, the Town Board accordingly wishes to reject the bids received and re-advertise
for bids,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby rejects the bids received by the Town
and opened on May 6, 2024 in connection with the Project and authorizes and directs the Purchasing
Agent to re-advertise for bids in accordance with revised bid documents and specifications to be
prepared by Delaware, the Town Water Superintendent/Wastewater Director and/or the Town
Purchasing Agent, and
BE IT FURTHER,
Regular Town Board Meeting, 05-20-2024, MTG#16 135
RESOLVED,that the Town Board further authorizes and directs the Town Purchasing Agent
to open all bids, read them aloud and record the bids as is customarily done and present the bids to
the Town Board.
Duly adopted this 20t'day of May, 2024, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. Strough
NOES None
ABSENT: Mr. McNulty
RESOLUTION AUTHORIZING GOLF CART RENTAL CONTRACT WITH
FIVE STAR GOLF CARS & UTILITY VEHICLES
RESOLUTION NO.: 202,2024
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury co-sponsors and participates in the Glens Falls —
Queensbury Memorial Day Parade (Parade) partially within the City of Glens Falls and Town of
Queensbury on Monday, May 27t', 2024, and
WHEREAS, Five Star Golf Cars & Utility Vehicles (Five Star Golf) has offered to
generously donate to the Town the use of four, four-passenger golf carts for Veterans to ride in
during the Parade in accordance with the Golf Cart Rental Contract presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts the donation and authorizes
the Town Supervisor and/or Deputy Supervisor to execute the Golf Cart Rental Contract with Five
Star Golf Cars & Utility Vehicles in substantially the form presented at this meeting and authorizes
and directs the Town Supervisor, Deputy Town Supervisor and/or Town Budget Officer to take any
other actions necessary to effectuate the terms of this Resolution.
Duly adopted this 20t'day of May, 2024 by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. Strough
NOES None
ABSENT: Mr. McNulty
RESOLUTION AUTHORIZING ACCEPTANCE OF INSURANCE
Regular Town Board Meeting, 05-20-2024, MTG#16 136
SETTLEMENT FOR PARKS AND RECREATION DEPARTMENT TRUCK
RESOLUTION NO.: 203, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury's Parks and Recreation Director has advised that one
of the Department's trucks identified as Town Asset No.: 9780 was recently involved in a motor
vehicle accident and the truck is a total loss, and
WHEREAS,the Town Board wishes to accept the insurance recovery payments for the truck
in the amount of$47,819 and up to $2,950 for reimbursement of costs related to truck storage and
towing fees,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts the insurance settlement
payment of $47,819 for Town Parks and Recreation Department Truck Asset No.: 9780 and up to
$2,950 for reimbursement of costs related to truck storage and towing fees as described in the
preambles of this Resolution and authorizes and directs the Town Supervisor, Deputy Supervisor,
and/or Town Budget Officer to execute any and all documents necessary to transfer title of the truck
to the insurance carrier and receive insurance payments on behalf of the Town, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the increase of estimated revenues
and appropriations as follows:
• Insurance Recovery Account No.: 195-0000-52680 - $50,769;
• Vehicles Account No.: 195-1640-2020 - $50,769;
to reflect the insurance settlement received by the Town, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
to amend the Town Budget, make any necessary adjustments and/or prepare any documentation
and the Town Supervisor, Deputy Town Supervisor, and/or Parks and Recreation Director to take
any actions necessary to effectuate the terms of this Resolution.
Regular Town Board Meeting, 05-20-2024, MTG#16 137
Duly adopted this 20t'day of May, 2024 by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. Strough
NOES None
ABSENT: Mr. McNulty
RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 05212024
RESOLUTION NO.: 204,2024
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: 05212024 with a run date of 05/16/2024 and a payment date of 05/21/2024,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented
as Warrant: 05212024 with a run date of 05/16/2024 and a payment date of 05/21/2024 totaling
$2,095,885.16, 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 20t'day of May, 2024, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. Strough
NOES None
ABSENT: Mr. McNulty
RESOLUTION AUTHORIZING ENGAGEMENT OF
LABELLA ASSOCIATES, P.C. FOR PROFESSIONAL SERVICES
RELATED TO STORMWATER ALTERNATIVES FOR PORTION OF
ASSEMBLY POINT ROAD
RESOLUTION NO.: 205,2024
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
Regular Town Board Meeting, 05-20-2024, MTG#16 138
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Queensbury Town Board wishes to engage the professional services of
LaBella Associates, P.C. relating to the exploration of options to improve a portion of Assembly
Point Road between Sunset Lane and Knox Road to address stormwater management, for an amount
not to exceed $10,000 as set forth in LaBella's May 8, 2024 letter presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the professional services
of LaBella Associates, P.C. relating to the exploration of options to improve a portion of Assembly
Point Road between Sunset Lane and Knox Road to address stormwater management for an amount
not to exceed$10,000 as delineated in LaBella Associates,PC.'s May 8, 2024 letter presented at this
meeting, such services to be paid for from Engineering Services Account No.: 001-1440-4720, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor and/or Deputy
Town Supervisor to execute any needed agreement and/or necessary documentation and the Town
Supervisor, Deputy Town Supervisor and/or Town Budget Officer to take all actions necessary to
effectuate the terms of this Resolution.
Duly adopted this 20t'day of May, 2024, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. Strough
NOES None
ABSENT: Mr. McNulty
4.0 CORRESPONDENCE
TOWN CLERK BARBER noted that a Public Hearing Notice was received May 14t' regarding
Afrim's Adirondack Dome Project and placed on file in the Town Clerk's Office.
5.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES)
No Public Comment.
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN DIXON(WARD III)
• Referred to the Motorcycle Safety Foundation at ACC and noted that it's a phenomenal
program. If anyone is interested in learning how to ride motorcycle, I would encourage them
to look to a course like that.
• Announced for Ward 1 and Ward 3, this is the last two weeks to get your spring cleanup out
to the road.
Regular Town Board Meeting, 05-20-2024, MTG#16 139
COUNCILMAN FREER(WARD II)
• Attended the West Glens Falls EMS recognition dinner for their EMS staff.
• Participated in the Climate Control Walk on Saturday with more than a hundred people and
good speakers.
• Announced that the DRAFT for the Comprehensive Land Use Plan is available for the
Steering Committee and we'll have a public hearing and we'll publicize that as we go through
it but it is a work in progress.
• Announced that we did catch the beavers that were building a culvert dam on Cronin Road
and so I expect the water on people's lawns will not be a problem like it has been for the last
three months.
COUNCILMAN METIVIER(WARD I)
• Attended with Supervisor Strough the North Queensbury Volunteer Fire Company's annual
banquet which is a nice night attended by the volunteers. Would like to mention a couple of
impressive highlights. They awarded Hal Halliday with a fifty year coin for his service as
well as Jim Schoonover with his seventy years of service to the North Queensbury Volunteer
Fire Company.
SUPERVISOR STROUGH
• Announced that Monday, May 27d' is the Glens Falls Queensbury Memorial Day Parade
which I helped establish 25 years ago. Recognized the following individuals that have helped
to prepare this year's event: Tim Benner, Councilman Freer, Amy Collins, Carl Fosco,
Councilman McNulty and Bill Trombley and the theme for this year's parade is `Honor the
Fallen-Every Day'. Councilman Freer has attained a 1939 Piper L-4 from World War 11 and
the pilot is Tyson Hunt. Our Grand Marshalls this year will be George Stec, Brad Frasco and
Peter McDevitt. NYS Boy's State Citizen who will reach the Gettyburg Address will be Josef
Frankefeld. Gold Star Parents are Beverly and Bill Osborn as well as Kathy and Ricky Brown.
Sharing thoughts with us will be Assemblywoman Carrie Woerner and State Senator Dan
Stec. Erika St. John was liberated from Europe, a little girl at the time of World War 11, we
recognize her and we titled her the Liberated. Reverend Leonard Oates will do the invocation
and benediction. Jim Cirillo will be the Director of the Remembrance Ceremony Music.
Recognized and announced the following winners for the essay and poster contests from both
Glens Falls School and Queensbury School students.
Essay Contest:
Glens Falls Winner: Jaelyn Graham
Queensbury Winner: Eva Liles
Poster Contest:
Glens Falls Pt Place: John Rossley
Glens Falls 2nd Place: Ava Rodriguez
Queensbury Pt Place: Sionnah Diaz
Queensbury 2nd Place: McCabe Denno
• Announced that the Town will be doing some work on the Luzerne Road culvert and
while working on replacing the culvert, Luzerne Road will be closed to thru traffic from
May 28d'to September 30d'.
• Thanked Joel Barlow and Jesse Jackson for Look TV. Thanked Mark Schachner, Town
Counsel, Town Clerk Caroline Barber, Town Board, and everybody thank you for attending.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 206, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED FOR ITS ADOPTION
Regular Town Board Meeting, 05-20-2024, MTG#16 140
SECONDED BY: Mr. Michael Dixon
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this 20'h day of May,2024,by the following vote:
AYES: Mr. Strough,Mr.Metivier,Mr. Freer,Mr. Ferone
NOES: None
ABSENT: Mr.McNulty
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER,RMC
TOWN CLERK
TOWN OF QUEENSBURY