04-01-2019 MTG#10
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 575
REGULAR TOWN BOARD MEETING MTG#10
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APRIL 1, 2019 RES#103-118
7:00 P.M. B.H.18-22
L.L. #1
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILWOMAN CATHERINE ATHERDEN
COUNCILMAN GEORGE FERONE
COUNCILWOMAN JENNIFER SWITZER
BOARD MEMBERS ABSENT
COUNCILMAN ANTHONY METIVIER
TOWN COUNSEL
MARK SCHACHNER, ESQ.
TOWN OFFICIAL
HIGHWAY SUPERINTENDENT, DAVE DUELL
DEPUTY HIGHWAY SUPERINTENDENT, MARK BENWARE
PRESS
POST STAR, LOOK TV
PLEDGE OF ALLEGIANCE LED BY COUNCILWOMAN JENNIFER SWITZER
SUPERVISOR STROUGH-Called meeting to order… Spoke regarding the recent passing of
Ronald Montesi, Chet South and Lee Brown noting their many years of commitment and service
to the community.
MOMENT OF SILENCE
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 103, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular
Session and moves into the Queensbury Board of Health.
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Duly adopted this 1 day of April, 2019 by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES: None
ABSENT:Mr. Metivier
PUBLIC HEARING – OGDEN FAMILY IRREVOCABLE TRUST’S APPLICATION
FOR SANITARY SEWER DISPOSAL VARIANCE
PUBLICATION DATE: MARCH 22, 2019
AGENT MACKENZIE PELTON REPRESENTING RUCINSKI HALL
ARCHITECTURE
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 576
MACKENZIE PELTON-I am an employee of Rucinski Hall. I was with Ethan today when we
went out to the site to visit.
SUPERVISOR STROUGH-Some of us were there at the site visit. You did a good job
explaining. It is a very small lot. It is very confined corridors. There really isn’t a plan B for
this piece of property.
MS. PELTON-No.
SUPERVISOR STROUGH-Is there anything you wish to add to anything I have said?
MS. PELTON-No.
SUPERVISOR STROUGH-Is there any questions from the Town Board? Are there any
members of the public that wish to speak to this resolution tonight?
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
RESOLUTION APPROVING OGDEN FAMILY IRREVOCABLE TRUST’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.:BOH 18, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, the Ogden Family Irrevocable Trust (Applicant) filed an application for
variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter
136, §136-11, which requires applicants to obtain a variance for holding tanks as the Applicant wishes
to install three (3) new 1,500 gallon septic holding tanks for a total of 4,500 gallons of capacity in lieu
of a sewage disposal system for a seasonal camp building on property located at 2 Hall Road
Extension in the Town of Queensbury, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health duly conducted a public hearing concerning the
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variance request on Monday, April 1, 2019, 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
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 577
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 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 Ogden
Family Irrevocable Trust for a variance from the Sewage Disposal Ordinance to install three (3) new
1,500 gallon septic holding tanks for a total of 4,500 gallons of capacity in lieu of a sewage disposal
system for a seasonal camp building on property located at 2 Hall Road Extension in the Town of
Queensbury and bearing Tax Map No: 289.11-1-21.
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Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: Mr. Metivier
PUBLIC HEARING- JOE MONAHAN’S APPLICATION FOR SANITARY SEWAGE
DISPOSAL VARIANCE
PUBLICATION DATE: MARCH 22, 2019
AGENT ERIC MURDOCK, PE
SUPERVISOR STROUGH-Eric, please identify yourself for the record. Is there anything you would
like to add?
ERIC MURDOCK-I am with Onsite Engineering. I would like to say that due to the small size of
the site and proximity to the property lines and such we decided to recommend this installation of this
enhanced treatment unit to pretreat the water. The dispersal area is limited in size because of the small
size of the site. We decided to recommend this bottomless sand filter. We are using time equalize
dosing to balance out the peak flows. We really feel that we have done the best job that we can in
treating and dispersing the water at this very small site. This is to replace a cesspool. It is much
improvement to the property.
SUPERVISOR STROUGH-Thank you. Any questions from the Board? Is there any member of the
public that wishes to speak to this? Please have a seat. State your name. Ask your questions. I will
try to get answer for you.
KIMBERLY CHAMBERLIN-I live close to the site. I am familiar to the site. It is very constrained.
My question is, how many gallons is the actual tank?
SUPERVISOR STROUGH-For the holding. For the forty fifty?
MS. CHAMBERLIN-Yes.
SUPERVISOR STROUGH-I will find that out for you. Any other questions?
MS. CHAMBERLIN-I was told today it was five hundred. I just want to compare that with the one
that just got approved just before this. How many gallons was that one.
SUPERVISOR STROUGH-He is installing a seven fifty gallon pump tank according to one of the
details Councilman Ferone is showing me.
MS. CHAMBERLIN-I am all in favor of improving what it is. My question is the design of it.
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 578
SUPERVISOR STROUGH-I will get more details on that for you when I ask Eric to return.
MS. CHAMBERLIN-Okay.
SUPERVISOR STROUGH-I will have him give us more details about the gallons and things like
that.
MS. CHAMBERLIN-Perfect. I just want to verify the gallons of the previous one that was just
approved.
COUNCILWOMAN ATHERDEN-Forty five hundred.
MS. CHAMBERLIN-Forty five hundred, okay.
SUPERVISOR STROUGH-But, those were holding tanks. It was a different system. Anybody else?
Please come forward and state your name for the record.
JOHN LAROCCA, 4 FIELDING PLACE-I think as Kimberly said we are all in favor of this. There
is no question about it. My concern is I would like to know where this well is. I have been living
there fifteen years. There are no wells anywhere close. We all draw water from the lake. I think this
potentially could be a problem moving forward. Someone could put an application in for something
and there was this…well. They are looking for a variance for a well. Do you know where the well
is?
SUPERVISOR STROUGH-He does show it on the prints. It would be better for him to come up and
explain it, that it his job.
MR. LAROCCA-Okay.
SUPERVISOR STROUGH-I will ask him and we will try to get a satisfactory answer.
MR. LAROCCA-Thank you.
SUPERVISOR STROUGH-Any other member of the public wish to come forward and speak to this
septic variance application?
MR. LAROCCA-This holding tank, the location of it.
SUPERVISOR STROUGH-It is not a holding tank.
MR. LAROCCA-I’m sorry. The leach field.
SUPERVISOR STROUGH-It has a pumping tank and it has a Fusion 450. The Fusion 450 pretreats
it. I will have Eric explain this to you. He will tell you the gallons and how it pretreats this. We have
run into these systems before. This pretreatment is top of the line septic system.
MR. LAROCCA-I am honestly not concerned about that, more for their parking. I was told you can’t
park on that.
SUPERVISOR STROUGH-You can’t park on these. There is no intent to park on these. This is
going under their deck.
MR. LAROCCA-Under the deck that’s fine. I had heard that there was going to be something in an
area where they park their cars on it. I would be concerned for them that they would not have any
parking.
SUPERVISOR STROUGH-No we don’t want any more cars stuck.
MR. LAROCCA-That is it, I promise. Thank you.
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 579
SUPERVISOR STROUGH-Is there any other questions from the public on this septic variance
application? Seeing none, Eric would you please come forward? Eric would you explain the gallons
and what is going on here with that?
MR. MURDOCK-Good question. It is very confusing. There is a volume that you typically have in
a septic tank. When you get into these enhanced treatment units they are not described by the volume
of the tank. They are described by the daily flow that they can treat. This Fusion is actually, it is rated
to treat four hundred and fifty gallons per day, which would be sufficient to treat the wastewater from
a four bedroom home. This being a three bedroom home it is well suited for this application. It has
been sized appropriately. This tank is roughly a thousand gallons, but it is rated to treat up to four
fifty.
SUPERVISOR STROUGH-The proximity of the well.
MR. MURDOCK-The drawings do not actually show a drinking water well. I was unaware that there
was a well. When I submitted the application for the variance, I didn’t include a request for a variance
for a drinking water well. We didn’t believe that was the case. It was news to me. I thought someone
from the Town knew something I didn’t. That is why I went out there early today to really canvas
the area in search of that. I do believe that and it was discussed earlier this dwelling as well as many
in the area pull the water from the lake. As far as I am aware, there is no drinking water supply wells
within a hundred feet of this septic system.
SUPERVISOR STROUGH-That is what the neighbors said. They didn’t know of any either. In any
event, should there be a well that is eighty-nine feet from here this Board will consider that in their
deliberation. Kimberly and John does that answer…
MR. LAROCCA-I am fine with that. I am just concerned if there is no drinking water well or any
other type of well anywhere there.
SUPERVISOR STROUGH-You are not parking on this. It is going under the deck under the back.
There is no parking anywhere near this. So those concerns have been addressed. Any further
questions from the Board?
COUNCILWOMAN ATHERDEN-How does that get rectified then the fact that there is no well.
COUNCILMAN FERONE-That was my question. I was going to ask legal counsel for that.
ATTORNEY SCHACHNER-I was before any motion was made I was going to ask. I don’t know
where that came from. I haven’t the faintest idea where it came from. If there is no well then I don’t
think the Board should consider granting a variance for a leaching system to be eighty-nine feet from
the well.
SUPERVISOR STROUGH-I wonder if Dave Hatin knows of the existence of a well. If we didn’t
address the variance then they would have to come back. My thinking is if we give the variance from
the well should there turn out to be a well where Dave Hatin thinks there is one it is already covered.
ATTORNEY SCHACHNER-The Board would be adopting a Resolution that somewhere, somehow,
sometime, somebody could look at it and say, apparently there is a well here because the Queensbury
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Town Board acting as the Local Board of Health on April 1, 2019 adopted a Resolution referring to
the well. I was about to look at the map, but I don’t remember seeing the well on the map. If the
applicants says, there is no well. The applicant’s Agent says there is no well. Several neighbors have
commented. There is no well-being depicted on the map am I right about that?
SUPERVISOR STROUGH-Yes.
ATTORNEY SCHACHNER-So there is no well depicted on maps. As Town Counsel, we would
not endorse or support the Town Board adopting a Resolution that says in these words. Leaching
system to be eighty-nine from well.
SUPERVISOR STROUGH-What does the Board think? We ought to remove that first one and we
will just give a variance for the location to be five feet from the dwelling.
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 580
COUNCILWOMAN ATHERDEN-Yes. If it happens to have a well, if Dave Hatin thinks it, does
they would have to come back?
COUNCILMAN FERONE-I was going to say, we would be better off just pushing this to the next
Board Meeting so that we can question Dave.
SUPERVISOR STROUGH-He has the stuff right there on the site right now.
COUNCILWOMAN ATHERDEN-He is ready now.
SUPERVISOR STROUGH-It is on the trailer.
COUNCILMAN FERONE-Right, right.
SUPERVISOR STROUGH-I think you want to get it done.
COUNCILMAN FERONE-So two weeks would be a hardship?
MR. MURDOCK-We are anxious.
SUPERVISOR STROUGH-Are you comfortable with us then just taking out the first variance as
there doesn’t appear to be a well?
MR. MURDOCK-I did not ask for that variance.
SUPERVISOR STROUGH-Is that all right with the Board then?
COUNCILMAN FERONE-Okay.
SUPERVISOR STROUGH-So removing the first variance. Leaching field to be eighty-nine feet
from the well in lieu of the one hundred foot setback is removed. We have one variance, which is the
dispersal location to be five foot from the dwelling in lieu of the required twenty-foot setback.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING JOE MONAHAN’S APPLICATION FOR SANITARY
SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: 19, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, Joe Monahan (Applicant) filed an application for a variance from provisions of
the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 for an onsite wastewater
treatment system to replace an existing cesspool, with the proposed system to be located as follows:
Dispersal location to be 5’ from the dwelling lieu of the required 20’ setback;
on property located at 3 Fielding Place in the Town of Queensbury, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health duly conducted a public hearing concerning the
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variance request on Monday, April 1, 2019, 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, 04-01-2019, MTG#10 581
NOW, THEREFORE, BE IT
RESOLVED, that
3. due to the nature of the variances, 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
4. the Local Board of Health finds that the granting of the variance 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 Joe Monahan
for a variance from the Sewage Disposal Ordinance for an onsite wastewater treatment system to
replace an existing cesspool, with the proposed system to be located as follows:
Dispersal location to be 5’ from the dwelling lieu of the required 20’ setback;
on property located at 3 Fielding Place in the Town of Queensbury and bearing Tax Map No: 227.13-
2-10, 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 any lawful action by the Adirondack
Park Agency during such period.
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Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mrs. Atherden
NOES : None
ABSENT: Mr. Metivier
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE
APPLICATION OF 10 DUNHAM’S BAY ROAD, LLC
RESOLUTION NO.: BOH 20, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 582
SECONDED BY: Mrs. Jennifer Switzer
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, 10 Dunham’s Bay Road, LLC (Applicant) has applied to the Local Board of
Health for variances from Chapter 136, §136-11 which requires that an applicant obtain a variance for
holding tanks, as the Applicant wishes to install a 6,000 gallon capacity holding tank, thus meeting
the required total capacity of 6,000 gallons, and
WHEREAS, the Applicant has applied for an additional variance from Chapter 136 to replace
the existing pump in the building with a pump station, such pump station to be located at the current
distance of 28’7” from Lake George in lieu of the required 50’ setback on property located at 10
Dunham’s Bay 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
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on Monday, April 15, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider 10 Dunham’s Bay Road, LLC sewage disposal variance application
concerning property located at 10 Dunham’s Bay Road in the Town of Queensbury and bearing Tax
Map No.: 239.20-1-4 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.
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Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Switzer, Mr. Strough, Mrs. Atherden, Mr. Ferone
NOES : None
ABSENT:Mr. Metivier
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF THOMAS AND MARYBETH BABCOCK
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 583
RESOLUTION NO.: 21, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal
Ordinance, and
WHEREAS, Thomas and Marybeth Babcock (Applicants) have applied to the Local Board
of Health for variances from Chapter 136 to install a replacement septic system to replace an existing
holding tank system as follows:
1. Absorption field to be 4’ from the west property line instead of the required 10’
setback;
2. Absorption field to be 2’ from the south property line instead of the required 10’
setback;
3. Distribution box to be 4’ from the south property line instead of the required 10’
setback;
4. Force main to be 4’ from the south property line instead of the required 10’ setback;
5. Absorption field to be 68.4’ from the neighboring well line instead of the required
100’ setback; and
6. Absorption bed to be located partially under the driveway;
on property located at 15 Chestnut Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing
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on Monday, April 15, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Thomas and Marybeth Babcock’s sewage disposal variance application
concerning property located at 15 Chestnut Road, Queensbury (Tax Map No.: 289.13-1-12) 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.
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Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mr. Strough, Mrs. Atherden, Mr. Ferone, Mrs. Switzer
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 584
NOES : None
ABSENT:Mr. Metivier
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 22, 2019
INTRODUCED BY:Mrs. Jennifer Switzer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves back
into the Town Board of the Town of Queensbury.
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Duly adopted this 1 day of April, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES: None
ABSENT:Mr. Metivier
2.0 PUBLIC HEARING
CONTINUATION OF PUBLIC HEARING – LOCAL LAW TO AMEND QUEENSBURY
TOWN CODE CHAPTER 179 “ZONING TO CHANGE ZONING ON PROPERTY OWNED
BY KUBRICKY JOHN AND SONS, INC. FROM MODERATE DENSITY RESIDENTIAL
(MDR) TO RURAL RESIDENTIAL FIVE ACRES (RR-5)
PUBLICATION DATE: JANUARY 14, 2019
PRESENT ATTORNEY JON LAPPER AND H. JOHN MARCELLE
SUPERVISOR STROUGH-I would like to read an email that came in. Dear Ms. Barber – Janice and
I are in Arkansas this evening and unable to attend the public hearing on the Kubricky property. We
would greatly appreciate it if you could read the following email into the records during this public
hearing. Thank you.
To The Town Board and Attorney of Queensbury
We would like to take the opportunity to express our appreciation for the time and effort you put into
the conditions written into the resolution for the rezoning of the Kubricky parcel. When Fort Miller
files its written consent to these conditions it will represent the first time since 2014 that the public
can feel the Town Board has listened to its concerns as well as the first time Fort Miller has been
willing to assure its verbal guarantees in writing. We are looking forward to the successful completion
of this project.
Sincerely,
Janice and Andrew Holding
The public hearing is still open. Is there any member of the public that wishes to speak to this
enactment to amend our zoning to change the zoning of property owned by Kubricky John and Sons
from Moderate Density Residential MDR to Rural Residential five acre RR5.
ATTORNEY CLAUDIA BRAYMER, REPRESENTING THE HOLDINGS-As you read tonight
they are not able to attend, but I wanted to come as well and just thank the Board on their behalf for
your due diligence and taking your time to carefully put this all in writing so that we could see it in
advance. I really appreciate that myself as well. The only question I have is to ask if the applicant
was able to reach out to Kubricky and make sure that, they were going to agree to the consent that
was still kind of up in the air. That is my only question and I am sure that will be addressed tonight.
Thank you.
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 585
SUPERVISOR STROUGH-I will ask. Any other member of the public wish to speak to this?
KATHY MONROE, REDHOUSE LANE-I just had a thought about emergency use for the road. I
don’t know if that needs to be clarified what counts as an emergency. Obviously, a human life that is
not negotiable that is an emergency. If something happens, they cannot use the new road, and they
have to use Dream Lake Road temporarily for mining trucks that could be an issue if residents see
trucks coming down Dream Lake Road.
SUPERVISOR STROUGH-I will ask around, see what we can dig up here so it is not abused.
MS. MONROE-Right. I am just saying if we say it is just for emergencies, but you see a truck come
down something happened to the road they could not use it. There will be calls probably to
Queensbury that they are using the road. Just a thought I had about that.
SUPERVISOR STROUGH-Okay. We will try to accommodate you and get some kind of answer
for you. Is there anybody else like to speak to this? Will the agent for the applicant and the applicant,
too you are welcome to come up if you want. John I have two questions from the audience. One is
have you talked to Kubricky in reference to getting his property rezoned and you people gaining some
kind of control over it so that you can build their road on it.
ATTORNEY LAPPER-We already had control because we have a lease agreement and they signed
the application when the process started. We do have their written consent to submit I will give it to
Counsel.
SUPERVISOR STROUGH-Thank you John. The other question is emergency.
ATTORNEY LAPPER-It is hard to pin down what could be an emergency. A fire, an accident
something that blocks the road and creates a dangerous situation, a worker gets hurt.
SUPERVISOR STROUGH-Is that one of those I cannot define it, but I know it when I see it?
ATTORNEY LAPPER-An emergency is an emergency. We are not trying to get away with anything.
Everything that is a condition was always proposed by the applicant. It is all in writing as it should
be. All along, the applicant came to you and said, even though this has been there for seventy years,
they want to propose to spend hundreds of thousands to put in a new road, which is not something
that usually happens. The people that bought their homes on Dream Lake Road bought on the only
access road to a sand and gravel pit that had been there way before most of them. The applicant came
to you and said we have a better plan to go out onto Ridge Road. We will take the traffic away from
the residential neighbors. Still there were people that were concerned, which is hard to understand.
We have been saying the same thing all along.
SUPERVISOR STROUGH-If they abuse the conditions, an emergency, there is a reasonable person
standard I believe involved here for emergencies. If we felt that the applicant was abusing it as some
point, in the future we would have the ability to evoke some kind of action.
ATTORNEY SCHACHNER-No question. I don’t think it is susceptible to precise definition. I think
generally speaking an emergency is something that requires access by emergency service personnel.
There are licensed certified emergency service personnel. If somebody is having a heart attack and
somebody who is not an emergency service personnel tried to save them by driving a car down the
road our advice to the Town Board if we seek to enforce what you perceive to be a violation of the
condition is that would not be an appropriate exercise of your enforcement discretion.
SUPERVISOR STROUGH-If it was abused, we would have enforcement…
ATTORNEY SCHACHNER-Absolutely.
SUPERVISOR STROUGH-Tools to use.
ATTORNEY SCHACHNER-As potential violation of a condition of approval.
ATTORNEY LAPPER-We agree with that.
SUPERVISOR STROUGH-All right. Any questions from Town Board members?
COUNCILMAN FERONE-No.
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 586
SUPERVSOR STROUGH-Any last minute questions from the public?
PUBLIC HEARING CLOSED
RESOLUTION ENACTING LOCAL LAW NO.: 1, OF 2019 TO AMEND QUEENSBURY
TOWN CODE CHAPTER 179 “ZONING” TO CHANGE ZONING OF PROPERTY
OWNED BY KUBRICKY JOHN AND SONS, INC., FROM MODERATE DENSITY
RESIDENTIAL (MDR) TO
RURAL RESIDENTIAL FIVE ACRE (RR-5)
RESOLUTION NO. 104, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, Fort Miller Company, Inc., (Applicant) wishes to expand its sand and gravel
extraction operation at property currently owned by Kubricky John and Sons, Inc., and identified
as Tax Map No.: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury (Project), and
WHEREAS, the Town Board is considering a request by the Applicant to amend the Town
Zoning Map to change the zoning of the property from Moderate Density Residential (MDR) to
Rural Residential Five Acre (RR-5) to permit sand and gravel extraction, and
WHEREAS, by Resolution No.: 100, 2017, the Town Board authorized, directed and
consented to the New York State Department of Environmental Conservation (DEC) serving as Lead
Agency for SEQRA review of the Project, and
WHEREAS, DEC determined the Project to be a Type I Action, coordinated review with
other agencies was performed, DEC performed such SEQRA Review and determined that the Project
would not have a significant effect on the environment, and a Negative Declaration dated January 29,
2018 is on file with the Town, and
WHEREAS, applications for rezonings are forwarded to the Town Planning Department and
Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law and
following such recommendations, the Town Board reviews the applications and takes such other
action as it shall deem necessary and proper, and
WHEREAS, by Resolution No.: 184,2018, the Town Board accordingly authorized the Town
Clerk to forward the Applicant’s Petition for Change of Zone Application to the Planning Board for
report and recommendation, and
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 587
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WHEREAS, on July 17, 2018, the Town Planning Board reviewed such Application and
adopted a Resolution recommending the rezoning request as favorable, and
WHEREAS, on or about December 13, 2018, the Warren County Planning Department
considered the proposal and determined that the Project would not create any significant
Intermunicipal or Countywide impacts, and
WHEREAS, the proposed zoning revisions comply with the requirements of §807 of the APA
Act and 9 NYCRR Part 582 of APA regulations, and
WHEREAS, in order for the Town’s Zoning Code to maintain its status as an approved local
land use plan under the Adirondack Park Agency (APA) Act and APA regulations, the Town must
obtain APA approval of the proposed zoning request prior to adoption, and
WHEREAS, on or about December 13, 2018, the APA advised that it had reviewed and
approved the proposal, and
WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning
Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the
Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and
WHEREAS, the Town Board duly conducted public hearings and heard all interested parties
thth
concerning the proposed rezoning on Monday, January 28, Monday, February 11, Monday, March
thst
18 and Monday, April 1, 2019, and
WHEREAS, the Town Board has considered the conditions and circumstances of the area
affected by the rezoning, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 1, of 2019 as
presented at this meeting to amend Queensbury Town Code Chapter 179 by amending the official
Town Zoning Map to reflect such changes as set forth above,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: 1, of 2019 to
Amend Chapter 179 “Zoning” of Queensbury Town Code to Change Zoning of Certain Property from
MDR to RR-5, such property currently owned by Kubricky John and Sons, Inc., and identified as
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 588
Tax Map No.: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury as set forth in the
preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that in furtherance of protection of and benefit to the public, such zoning
amendment shall be subject to the following five (5) conditions:
1. The Fort Miller Company, Inc. shall construct a road connecting their current
mining operation and Ridge Road, using the property in question.
2. That road shall be their primary road for their mining operations and any other
related traffic.
3. That the Dream Lake Road access shall be gated and closed and only be used in the
case of emergencies.
4. Signs indicating that mine access is only on Ridge Road shall be placed on Bay
Road to the North and South of the entrance to Dream Lake Road for a period of at
least one (1) year.
5. That the above shall occur:
A. Within 16 months of Final Planning Board approval for the expansion of
the mining operation on any of tax map nos: 279.-1-48, 279.-1-72, 279.-1-
73 or 279.-1-59.2;
B. Prior to the commencement of any expansion not requiring Planning Board
approval on any such tax map parcels, whichever comes first.
6. The Applicant’s and Kubricky John and Sons, Inc.’s written consent to the rezoning
and the above conditions shall be filed in the Town Clerk’s Office within ten (10)
days of adoption of this Resolution.
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file the
Local Law and the official Town Zoning Map, as amended, with the New York State Secretary of
State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the
Local Law will take effect upon such filing, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
copy of this Resolution and a copy of the Local Law and Zoning Map to the Town Planning Board,
Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning
Department in accordance with §179-15-080(D) of the Town Zoning Law, and
BE IT FURTHER,
RESOLVED, that this Resolution shall take effect immediately.
st
Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 589
NOES : None
ABSENT : Mr. Metivier
LOCAL LAW NO.: 1, OF 2019
A LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF
QUEENSBURY TOWN CODE TO CHANGE ZONING OF
CERTAIN PROPERTY FROM “MDR” TO “RR-5”
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS:
SECTION 1. The zoning designation for a parcel of property referenced as tax map parcel
number: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury is changed from
Moderate Density Residential (MDR) to Rural Residential Five Acre (RR-5). The Town of
Queensbury’s Town Zoning Map is hereby amended to reflect this zoning change and the Map
appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of
Queensbury and supersedes the previously adopted Town Zoning Map.
SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local
Law shall not invalidate any other clause, sentence, paragraph or part thereof.
SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict
with any part of this Local Law are hereby repealed.
SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the
New York Secretary of State as provided in New York Municipal Home Rule Law §27.
3.0 HEARINGS
BAY ROAD SELF STORAGE LLC’S APPLICATION FOR VARIANCE/WAIVER
REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENTS SET FORTH
IN TOWN CODE CHAPTER 136-SEWERS AND SEWAGE DISPOSAL
PRESENT DENNIS MACELROY, ENVIRONMENTAL DESIGN AND ATTORNEY
MICHAEL O’CONNOR
SUPERVISOR STROUGH-Would you please introduce yourselves and add anything you might
want to add to what I just described the topic as being.
MR. MACELROY-We have both been involved with this process through the planning process. The
original design of the wastewater service for this project, which is the self-storage an area of low
volume of wastewater use. This is located on the east side of Bay Road near the Duke Drive facility
into Duke Concrete. As we got into construction O’Connor Construction are the site contractors for
this project. They had prepared an estimate for the cost of making that connection. Again, it is a
simple office building in one of the storage buildings. The cost of it did not seem to make sense in
terms of what the volume of flow was or the expenditure required to make that connection. We
inquired with Chris Harrington as to what the process would be to get a waiver from that. He
explained that to us. We understand. The property being part of the district can seek a waiver, but
still will be subject to all the different levies that would be imposed to a user. The owner is certainly
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 590
aware of that. The capital cost of making that connection in the first place is about two hundred and
sixteen feet from the site to the gravity sewer main, which is on the westerly side of Bay Road. You
would have to cross under Bay to get that directional drilling that would be involved. There is also a
high volume force main that you would be crossing under to get to the gravity main. The gravity
main it is my understanding from Chris is subject to groundwater conditions. This just adds to the
difficulty in the cost of the construction. A long story short it made more sense to seek the waiver.
To put a simple onsite system on the property. A septic tank and a single lateral to serve the wastewater
needs. The office space, which I cannot imagine will even amount to a hundred gallons a day. This
is where we stand. Chris was in total support of going through that process.
SUPERVISOR STROUGH-It is just a self-storage.
MR. MACELROY-Right.
SUPERVISOR STROUGH-It does not generate a lot of waste. For you to connect to the waste line
going there because you are on the wastewater district. It would include very expensive directional
drilling or tearing up the road. Neither one is good for something that is going to produce a rather
minimal amount of wastewater. You are paying everything that everyone else pays in the district.
You are not getting a break there. The only thing we are talking about here is basically getting a break
from the cost of connecting to the lines. Mike is there anything you would like to add.
ATTORNEY O’CONNOR-No.
SUPERVISOR STROUGH-Questions from the Board? Any questions from the public?
RESOLUTION APPROVING BAY ROAD SELF STORAGE, LLC’S APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION
REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND
SEWAGE DISPOSAL
RESOLUTION NO.: 105, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
variances from §136-44 “Connection to sewers required” which requires Town property owners
situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district
to connect to the public sewer facilities within one (1) year from the date of notice, and
WHEREAS, Bay Road Self Storage, LLC (Applicant) applied to the Town Board for a
variance/waiver from Town Code §136-44.1 for an exemption from the Town’s connection
requirements to connect its property located on Bay Road, adjacent to Duke Industrial Park Road,
Queensbury to the Queensbury Consolidated Sanitary Sewer District, with the understanding that any
waiver approval would be based on the self-storage use and redevelopment of the property with a
different use would negate the waiver, as set forth in its February 27, 2019 application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the
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Town Board conducted a hearing concerning the variance/waiver request on Monday, April 1, 2019,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 591
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
that the granting of the variance/waiver would not be materially detrimental to the
purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining
properties or otherwise conflict with the purpose and objectives of any plan or policy of
the Town of Queensbury; and
b) the Town Board finds that the granting of the variance/waiver is reasonable and would
alleviate unnecessary hardship on Bay Road Self Storage, LLC; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves Bay Road Self Storage, LLC
(Applicant)’s application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44
“Connection to sewers required” and hereby grants Applicant an exemption from the requirement to
connect its property located on Bay Road, adjacent to Duke Industrial Park Road, Queensbury (Tax
Map No.: 302.8-2-23) to the Town of Queensbury’s Queensbury Consolidated Sanitary Sewer
District, and in the meantime, if there is any change in property use, increase in septic use or additional
bathroom facilities added, then such variance shall immediately terminate unless the Queensbury
Town Board reviews and approves a new application for a variance/waiver, and furthermore, if the
septic system has been determined to fail or is modified by the Applicant, or if ownership of the
property is transferred, then the variance is terminated as well and the property must connect to the
Queensbury Consolidated Sanitary Sewer District, and
BE IT FURTHER,
RESOLVED, that Applicant shall pay all charges due as if its property was connected to the
Queensbury Consolidated Sanitary Sewer District, and
BE IT FURTHER,
RESOLVED, that the variance/waiver’s requirement to pay sewer rents shall commence upon
the installation of the water meter, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
st
Duly adopted this 1 day of April, 2019 by the following vote:
AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mrs. Atherden
NOES : None
ABSENT:Mr. Metivier
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 592
HALEYON PROPERTIES, INC.’S APPLICATION FOR VARIANCE/WAIVER REQUEST
FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN
CODE CHAPTER 136-SEWERS AND SEWAGE DISPOSAL
ATTORNEY/AGENT NEIL LEBOWITZ
SUPERVISOR STROUGH-Reviewed map of property with Town Board members. Presented map
of property to public. The piece of property that we are talking about is this piece of property over
there. There is a house located right there. The rest of the property is not developed. The sewer line
goes over to here on this side. What we are saying is this house here does not have to connect to the
sewer for a two-year period. We are confident the way things are moving they are moving very
rapidly at the Exit 18 area since we redid the zoning and we put in the sewer. Economic development
is finally happening there after it has sat stagnate for many decades. We are just giving an exception
to this house over here that you don’t have to tie into the sewer at least not now.
ATTORNEY SCHACHNER-At some point I just have a question about whether you are talking
about two year, three year or indefinite in terms of extension. The Resolution provides you with
options. One of them is a two-year extension. One condition is provided that connection must happen
within three years. One is just exemption.
SUPERVISOR STROUGH-My understanding is two years. If they want to come back after two
years and ask for an extension they are entitled to.
ATTORNEY SCHACHNER-Which makes me think we should take out the language in proposed
Resolution that says, no further extensions will be granted. We should delete that correct?
SUPERVISOR STROUGH-It is the understanding of the Board that we are giving two years of
exemption from tying in to the sewer. They are paying everything like everybody else in the district,
but they just don’t have to tie in for two years. Is that the understanding?
TOWN BOARD-Yes.
SUPERVISOR STROUGH-Whatever wording you want to do Counsel. We have an Agent or the
Owner I am not sure maybe both. Would you please identify yourself and speak to this application.
ATTORNEY LEBOWITZ- I am the Attorney for Halcyon Properties Inc. I am also a Corporate
Officer of the Corporation. You do have both here the Principal and their Agent. I believe the Town
Supervisor explained the situation fairly well. The property is improved by a one family house. A
two bedroom one and a half bath, which has a relatively new septic system on the property on the
west side. So under the existing situation we are…mandated just to be able to run a sewer line to an
efficient spot to tie it in. It would require an extension of the existing sewer line, which is over seven
hundred feet to get to the westerly side of the house on the property. The pipes leading out to the
septic system and leach field are on the westerly side. It would be an exceptionally expensive
proposition under the current use of the property. It would not pay for it.
SUPERVISOR STROUGH-Your understanding is that we are giving you two years. If you wish an
extension, you can come back to the Board and ask for another two years if things do not develop
there. We are hoping that everything develops. Counsel would you explain to the Board for clarity
of what you have written there?
ATTORNEY SCHACHNER-Reviewed Resolution with Town Board before approval.
SUPERVISOR STROUGH-Any member of the public wish to speak.
NO COMMENT
RESOLUTION APPROVING HALCYON PROPERTIES, INC.’S APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION
REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 106, 2019
INTRODUCED BY: Mrs. Jennifer Switzer
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 593
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
variances from §136-44 “Connection to sewers required” which requires Town property owners
situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district
to connect to the public sewer facilities within one (1) year from the date of notice, and
WHEREAS, Halcyon Properties, Inc., (Applicant) applied to the Town Board for a
variance/waiver from Town Code §136-44.1 for an exemption from the Town’s connection
requirements to connect its property located at 377 Corinth Road, Queensbury to the West
Queensbury Sanitary Sewer District, as application states that the present use of the property and the
distance from the improvement to the end of the sewer pipeline would make a tie-in cost prohibitive,
as set forth in the March 11, 2019 application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the
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Town Board conducted a hearing concerning the variance/waiver request on Monday, April 1, 2019,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
that the granting of the variance/waiver would not be materially detrimental to the
purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining
properties or otherwise conflict with the purpose and objectives of any plan or policy of
the Town of Queensbury; and
b) the Town Board finds that the granting of the variance/waiver is reasonable and would
alleviate unnecessary hardship on Halcyon Properties, Inc.; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves Halcyon Properties, Inc.
(Applicant)’s application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44
“Connection to sewers required” and hereby grants Applicant a two (2) year extension of time or until
st
April 1, 2021 from the requirement to connect its property located at 377 Corinth Road, Queensbury
(Tax Map No.: 308.16-2-14) to the Town of Queensbury’s West Queensbury Sanitary Sewer District,
and in the meantime if there is any change in property use, increase in septic use or additional
bathroom facilities added, then such variance shall immediately terminate unless the Queensbury
Town Board reviews and approves a new application for a variance/waiver, and furthermore, if the
septic system has been determined to fail or is modified by the Applicant, or if ownership of the
property is transferred, then the variance is terminated as well and the property must connect to the
West Queensbury Sanitary Sewer District, and
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 594
BE IT FURTHER,
RESOLVED, that Applicant shall pay all charges due as if its property was connected to the
West Queensbury Sanitary Sewer District, and
BE IT FURTHER,
RESOLVED, that the variance/waiver’s requirement to pay sewer rents shall commence upon
the installation of the water meter, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
st
Duly adopted this 1 day of April, 2019 by the following vote:
AYES : Mrs. Switzer, Mr. Strough, Mrs. Atherden, Mr. Ferone
NOES : None
ABSENT:Mr. Metivier
4.0 PRIVILEGE OF THE FLOOR FOR RESOLUTION ONLY (LIMIT – 3 MINUTES)
NO COMMENT
5.0 RESOLUTIONS
RESOLUTION AUTHORIZING PARTIES TO ACT AS AGENT
WITH RESPECT TO CERTAIN TOWN PROPERTY LOCATED
ON BIG BOOM ROAD
RESOLUTION NO.: 107, 2019
INTRODUCED BY: Mrs. Jennifer Switzer
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, Columbia Development and Environmental Design Partnership on behalf of The
Saratoga Hospital (the “Applicant”) have applications before the Town of Queensbury’s Planning
Board and Zoning Board of Appeals (the “Boards”) and
WHEREAS, the Town of Queensbury (the “Town”) owns a .106 acre parcel of land which is
currently part of Big Boom Road and has not been used for highway purposes for many years, which
parcel is shown on a map entitled Proposed Right-of-Way Re-Alignment Plan Big Boom Road by
Environmental Design Partnership dated December 17, 2018 (the “Parcel”), and
WHEREAS, the Town is considering discontinuing the Parcel as being part of its Town roads
and then selling the Parcel to The Saratoga Hospital, which will take some time to complete, and
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 595
WHEREAS, the Applicant wishes to be authorized to proceed with its applications before the
Boards during such time,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby grants the Columbia Development
and Environmental Design Partnership on behalf of The Saratoga Hospital (the “Applicant”) authority
to act as agent with respect to the Parcel as described in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that if the Town does not complete discontinuance and close on the possible
sale of the Parcel to The Saratoga Hospital by August 31, 2019, such consent shall terminate on
September 1, 2019 unless extended by the Town Board, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Planning Department and Town Counsel to take such actions as are necessary to effectuate this
Resolution.
st
Duly adopted this 1 day of April, 2019 by the following vote:
AYES : Mr. Strough, Mrs. Atherden, Mrs. Switzer
NOES : None
ABSENT:Mr. Metivier
ABSTAIN: Mr. Ferone
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. __ OF 2019 TO AMEND TOWN CODE CHAPTER 136, ARTICLE
XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS"
TO UPDATE TAX MAP NUMBERS AND ADD PROPERTY
NOT SERVED BY SEWER FACILITIES
RESOLUTION NO. 108, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: __
of 2019 to amend Queensbury Town Code Chapter 136, Article XXIV entitled “Establishment of
Sewer Rents," which Local Law would amend: 1) Section 136-140 to update the listed tax map
numbers and addresses to be consistent with the current real property system, and 2) Section 136-141
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 596
to update the listed tax map numbers and addresses to be consistent with the current real property
system and add an additional property not served by sewer facilities, and
WHEREAS, this legislation is authorized in accordance with New York State Municipal
Home Rule Law §10, Town Law Article 16 and General Municipal Law Article 14-F, and
WHEREAS, the property owner requested that this property be added to the list of properties
detailed in Section 136-41, and
WHEREAS, the Town Wastewater Director has determined that it would be very expensive
and difficult to provide sewer service to such property, and
WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local
Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the
th
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, April 15, 2019
to hear all interested persons and take any necessary action provided by law concerning proposed
Local Law No.: ___ of 2019, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk
to publish and post a Notice of Public Hearing concerning proposed Local Law No.: __ of 2019 in
the manner provided by law.
st
Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT:Mr. Metivier
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND DIRECT ENERGY BUSINESS MARKETING, LLC
D/B/A DIRECT ENERGY BUSINESS FOR
POWER SALE – NATURAL GAS – THROUGH MEGA PROGRAM
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 597
RESOLUTION NO.:109, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, by Resolution No.: 51,2015, the Queensbury Town Board authorized an
Agreement through the Municipal Electric & Gas Alliance (MEGA) Program with Direct Energy
Business Marketing, LLC d/b/a Direct Energy Business (Direct Energy Business) for June 1, 2015
through May 31, 2017 in an effort to reduce natural gas costs and by Resolution No.: 133,2017
again authorized an Agreement with Direct Energy Business for June 1, 2017 through May 31,
2019, and
WHEREAS, the Town wishes to again enter into an Agreement through the MEGA
Program with Direct Energy Business commencing June 1, 2019 through May 31, 2021 at the
Fixed Price of $3.848 per Dth as set forth in Direct Energy Business’ proposed Agreement
presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, in a continuing effort to reduce energy
costs, hereby authorizes the Agreement between the Town of Queensbury and Direct Energy
Business Marketing, LLC d/b/a Direct Energy Business commencing June 1, 2019 through May
31, 2021 at the Fixed Price of $3.848 per Dth substantially in the form presented at this meeting and
authorizes and directs the Town Supervisor to execute the Agreement and/or any other needed
documentation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Budget Officer and/or Water Superintendent/ Wastewater Director to take such other and further
action as may be necessary to effectuate the terms of this Resolution.
st
Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT :Mr. Metivier
RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF PICK-UP
TRUCK FOR TOWN WATER DEPARTMENT
RESOLUTION NO.: 110, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 598
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, in accordance with Resolution No.: 69,2019, the Town of Queensbury’s
Purchasing Agent provided specifications for a 2018 or newer ¾ ton F-250 or equal pick-up truck
(Truck) for the Town Water Department to the New York State Office of General Services
Procurement Program and also published an advertisement for bids for the Truck , and
th
WHEREAS, on March 15, 2019 the Purchasing Agent received bid information for the
st
Truck from the New York State Pro Vehicle Market Place and on March 21, 2019, the Purchasing
Agent duly received and opened all bids received by the Town for the Truck, and
WHEREAS, the Water Superintendent and Purchasing Agent reviewed such bids and
have recommended that the Town Board authorize the bid award to the lowest, responsible
bidder, the New York State Office of General Services Procurement Program Group 40451,
Award 22898, for a 2019 Ford F-250 XL Regular Cab Pick-up Truck for an amount not to
exceed $26,510.44 from NYE Automotive Group, Oneida, New York, and
WHEREAS, the Water Superintendent has also requested authorization to purchase
needed ancillary equipment for the Truck to make it Water Department ready for a total amount
not to exceed $1,500,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and awards the lowest,
responsible bid for a 2019 Ford F-250 XL Regular Cab Pick-up Truck through the New York State
Office of General Services Procurement Program Group 40451, Award 22898 for an amount not
to exceed $26,510.44 from NYE Automotive Group, Oneida, New York, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Water Superintendent
to purchase needed ancillary equipment for the Truck for a total amount not to exceed $1,500, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such
purchase shall be by a transfer of $28,010.44 from the Water Department’s undesignated,
unassigned fund balance Account No.: 040-0000-0909 to Vehicles Account No.: 040-8340-2020
and the Town Budget Officer shall amend the 2019 Town Budget, make any adjustments, budget
amendments, transfers and/or prepare any documentation necessary to effectuate payment, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 599
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Water Superintendent, Purchasing Agent and/or Town Budget Officer to take any and all action
necessary to effectuate the terms of this Resolution.
st
Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING PURCHASE OF K&M HOT PATCHER FOR TOWN
HIGHWAY DEPARTMENT
RESOLUTION NO.: 111, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Town of Queensbury’s Highway Superintendent has requested Town Board
approval to purchase a two (2) ton K&M Hot Patcher, and
WHEREAS, the New York State Legislature adopted legislation allowing any political
subdivision in New York State to “piggyback” off an existing County Bid and therefore in this
instance, the Town of Queensbury is “piggybacking” with Suffolk County Contract #18-14.9.11 for
DPW equipment, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements, if
applicable, and
WHEREAS, the Town Board wishes to authorize such purchase, with funding to be from
Capital Reserve #64, and
WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town
Board is authorized to withdraw and expend funds from Capital Reserve #64 subject to permissive
referendum,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway
Superintendent’s purchase of a two (2) ton K&M Hot Patcher with certain options including a tool
rack, dump box, diesel fire storage compartment and strobe light, for the total amount of $26,401
from Trius, Inc., in accordance with Trius, Inc.’s Proposal dated 3.7.2019 presented at this meeting,
to be paid from Heavy Equipment Account No.: 04-5130-2040, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for such
purchase is an expenditure for a specific capital project and/or certain maintenance project for which
the Capital Reserve Account #64 was established, and
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 600
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all
actions necessary to amend the Town Budget and effectuate the transfer from Reserve No.: 64 in the
amount of $26,401 to Heavy Equipment Account No.: 04-5130-2040 to fund such purchase, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign
any needed documentation, and the Town Supervisor, Highway Superintendent and/or Budget
Officer to take such other and further action as may be necessary to effectuate the terms of this
Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with
the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town
Clerk to publish and post such notices and take such other actions as may be required by law.
st
Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT:Mr. Metivier
RESOLUTION AUTHORIZING TRADE-IN AND PURCHASE OF EXCAVATOR FOR
TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 112, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Town of Queensbury’s Highway Superintendent has requested Town Board
approval to trade-in a 2001 Hyundai Excavator (Town of Queensbury Fixed Asset #3812) in his
Department and replace it by purchasing a 2019 John Deere 75G Excavator, and
WHEREAS, New York State Bidding is not required as the Excavator purchase is under New
York State Office of General Services Contract #PC67075 Sourcewell, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements, if
applicable, and
WHEREAS, the Town Board wishes to authorize such purchase, with funding to be from
Capital Reserve #64, and
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 601
WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town
Board is authorized to withdraw and expend funds from Capital Reserve #64 subject to permissive
referendum,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway
Superintendent’s trading in of a 2001 Hyundai Excavator (Town of Queensbury Fixed Asset #3812)
in his Department and replacing it by purchasing a 2019 John Deere 75G Excavator for the purchase
price of $113,987, less the trade-in amount of $15,000, for a net purchase price of $98,987, from
Nortrax, Inc., in accordance with Nortrax, Inc.’s 06 March 2019 Quote ID: 19088933 presented at
this meeting and New York State Office of General Services Contract #PC67075 Sourcewell, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for such
purchase is an expenditure for a specific capital project and/or certain maintenance project for which
the Capital Reserve Account #64 was established, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all
actions necessary to amend the Town Budget and effectuate the transfer from Reserve No.: 64 in the
amount of $98,987 to Heavy Equipment Account No.: 04-5130-2040 to fund such purchase, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign
any needed documentation and the Town Supervisor, Highway Superintendent and/or Budget Officer
to take all such other and further actions as may be necessary to effectuate the terms of this Resolution,
and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with
the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town
Clerk to publish and post such notices and take such other actions as may be required by law.
st
Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING PURCHASE OF 2004 ELGIN PELICAN STREET
SWEEPER THAT HAS BEEN DECLARED “SURPLUS” FROM VILLAGE OF LAKE
GEORGE FOR TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 113, 2019
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 602
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Town of Queensbury’s Highway Superintendent has requested Town Board
approval to purchase a 2004 Elgin Pelican rear-wheel street sweeper that has been declared “surplus”
and is available for sale “as is” from the Village of Lake George for the amount of $15,000, and
WHEREAS, in accordance with New York State Town Law §64(2-a), the Town Board may
authorize the acquisition and/or sale of personal property as the purposes of the Town may require
except as otherwise provided by law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway
Superintendent’s purchase of a 2004 Elgin Pelican rear-wheel street sweeper that has been declared
“surplus” and is available for sale “as is” from the Village of Lake George for the amount of $15,000
as described in a letter from the Village of Lake George’s Superintendent of Public Works dated
March 19, 2019 presented at this meeting, to be paid from Heavy Equipment Account No.: 04-5130-
2040, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all
actions necessary to amend the Town Budget and effectuate the transfer from Undesignated Fund
Balance Account No.: 004-0000-0909 in the amount of $15,000 to Heavy Equipment Account No.:
04-5130-2040 to fund such purchase, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign
any needed documentation, and the Town Supervisor, Highway Superintendent and/or Budget
Officer to take such other and further action as may be necessary to effectuate the terms of this
Resolution.
st
Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT:Mr. Metivier
RESOLUTION AUTHORIZING TRANSFER OF REMAINING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
RESOLUTION NO.: 114, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 603
WHEREAS, by Resolution No.: 163,2017 the Queensbury Town Board authorized
submission of an application for New York State Community Development Block Grant (CDBG)
funds through the New York State Office of Community Renewal (NYS OCR), and
WHEREAS, Resolution No.: 163,2017 the Town Board pledged a required five percent (5%)
local cash share of the total project cost, and
WHEREAS, the grant application was submitted and the NYS OCR awarded a forty-seven
thousand five hundred dollar ($47,500) grant to the Town of Queensbury, and
WHEREAS, by Resolution No.: 61,2018, the Town Board authorized a Grant Agreement
between the Town and the New York State Housing Trust Fund Corporation represented by NYS
OCR providing for the grant funds and committed a five-percent (5%) match of two thousand five
hundred dollars ($2,500), and
WHEREAS, the Senior Planner has advised that the grant was completed under budget, so
there is $125 that needs to be returned to the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Budget Officer to transfer the remaining $125 in grant funds as delineated in the preambles of this
Resolution back to the Town of Queensbury as follows:
Interfund Transfers Account No.: 001-0000-55031 by $125; and
Transfer to Operating Account No.: 016-9901-9128 by $125,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
amend the Town Budget, make any adjustments, budget amendments and transfers, and/or prepare
any documentation necessary to effectuate all terms of this Resolution, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 604
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Budget Officer, Senior Planner and/or Accountant to take such other and further action as
may be necessary to effectuate all terms of this Resolution.
st
Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: Mr. Metivier
RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE LOCATED
AT 454 BAY ROAD OWNED BY DAVID LUPO
RESOLUTION NO. 115, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement
(Director) has inspected a garage structure located at 454 Bay Road in the Town of Queensbury (Tax
Map No.: 296.16-1-12) and owned by David Lupo and found that the garage door is missing and the
roof on the south side of the garage has collapsed and needs to be removed as it presents a collapse
hazard for anyone entering the property, and
WHEREAS, by letter dated March 21, 2019, the Director advised the property owner that the
property owner must take appropriate measures to board up the garage door and remove the partially
collapsed roof but the Director has not yet received a response from the property owner, and
WHEREAS, the Director has advised the Town Board that in his opinion the garage structure
is dangerous and unsafe to the general public and therefore would like the Town Board to authorize
certain actions if the owner does not come forward to arrange for the boarding up of the structure and
the removal of the roof, and
WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State
Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a
structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other
persons interested in the property that the structure must be boarded up and the roof removed,
NOW, THEREFORE, BE IT
RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town
Board is of the opinion that the garage structure located at 454 Bay Road in the Town of Queensbury
(Tax Map No.: 296.16-1-12) and owned by David Lupo appears to be in disrepair, dangerous and
unsafe to the public, and
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 605
BE IT FURTHER,
RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and unsafe
th
structure on Monday, April 15, 2019 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay
Road, Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and
Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its
executors, legal representatives, agents, lessees, or any person having a vested or contingent interest
in the property, the contents, service and filing of the notice to be in accordance with the provisions
of Queensbury Town Code Chapter 60 and New York State Town Law §130(16).
st
Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT:Mr. Metivier
RESOLUTION AUTHORIZING AWARD OF BID FOR RIDGE/ JENKINSVILLE
MAINTENANCE BUILDING ADDITION PROJECT
RESOLUTION NO. 116, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Queensbury Town Board previously established a Capital Improvement Plan
Reserve Fund #64 (Fund #64) for future Town project developments, and
WHEREAS, by Resolution No.: 416,2003 the Town Board authorized establishment of
Capital Project Fund #138 to fund expenses associated improvements at the Ridge/Jenkinsville Park,
and
WHEREAS, by Resolution No.: 161,2018, the Town Board authorized certain withdrawals
and expenditures for specific Town Recreation Department capital improvements and maintenance
projects including repairs/improvements to the Jenkinsville Maintenance Building Addition at the
Ridge/Jenkinsville Park (Project), and
WHEREAS, by Resolution No.: 260,2018, the Town Board authorized engagement of
Rucinski Hall Architecture (RHA) for provision of design and engineering services related to the
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 606
Project and directed the Town’s Purchasing Agent to publish an advertisement for bids for the Project
more generally described as follows:
1. Construction of a one floor (slab on grade) metal building to serve as a maintenance and
storage area for the Parks and Recreation Department;
2. Additional site work as deemed necessary or cost effective by the Recreation Commission
and Town Board to include, but not limited to: fencing, grading, paving, security, lighting,
related site work, etc.; and
3. Professional services for the above;
as were more clearly specified in bid specifications prepared by the Town’s Director of Parks and
Recreation, RHA and/or Town Purchasing Agent, 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’s Purchasing Agent published such an advertisement for bids and on
th
March 26, 2019, the Purchasing Agent duly received and opened all bids, and
WHEREAS, the Purchasing Agent, Recreation Commission and Parks and Recreation
Director have recommended that the Town Board authorize the bid award to the lowest
responsible bidder, AJ Catalfamo Construction, Inc., for a total bid amount not to exceed
$201,500, and
WHEREAS, the Parks and Recreation Director has advised the Town Board that there
may be times when Change Orders may become necessary for such bid award and Contract and
therefore has requested that the Town Board authorize him to approve and sign certain Change
Orders not to exceed the amount of $5,000 per Change Order, and the aggregate of all Change
Orders also not to exceed the total amount of $10,000, that he deems necessary or appropriate,
provided that the Director first confer and receive authorization from the Recreation
Commission,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby reaffirms and authorizes the
repairs/improvements to the Jenkinsville Maintenance Building Addition at the Ridge/Jenkinsville
Park (Project) described in the preambles of this Resolution, and
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 607
BE IT FURTHER,
RESOLVED, that the Town Board hereby accepts and awards the bid for the
Ridge/Jenkinsville Park Improvements from the lowest responsible bidder, AJ Catalfamo
Construction, Inc., for a total bid amount not to exceed $201,500, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute an Agreement between the Town and AJ Catalfamo Construction, Inc., and/or any other
needed documents related to the bid award, in form acceptable to the Town Supervisor, Parks and
Recreation Director, Town Budget Officer and/or Town Counsel, and
BE IT FURTHER,
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that payments for such
Project shall be from Ridge/Jenkinsville Park Capital Project Fund #138 in accordance with the
authorizations set forth by Resolution No.: 161, 2018 and the Town Board further directs that in
the event there are funds remaining in such Capital Project Fund after completion of the Project or
in the event that the Project is not undertaken, the moneys in the Capital Project Fund shall be
returned to the Capital Reserve Fund, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Purchasing Agent, Parks and Recreation Director, Town Budget Officer and/or Town Counsel to
take any and all action necessary to effectuate the terms of this Resolution.
st
Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 608
ABSENT:Mr. Metivier
RESOLUTION APPROVING AUDIT OF BILLS -
ND
WARRANT OF APRIL 2, 2019
RESOLUTION NO.: 117, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
thnd
Warrant with a run date of March 28, 2019 and a payment date of April 2, 2019,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date
thnd
of March 28, 2019 and a payment date of April 2, 2019 totaling $1,420,038.85, 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.
st
Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT :Mr. Metivier
6.0 CORRESPONDENCE
NONE
7.0 PRIVILEGE OF THE FLOOR (LIMIT-4 MINUTES)
SUSAN LEPORIN-Lake Sunnyside. Spoke to the Board regarding the draft of the Queensbury
Public Nuisance Law. Spoke to the Town Board regarding the status of the Short Term Rentals.
HIGHWAY SUPERINTENDENT, DAVE DUELL-Thanked the Town Board for their support.
8.0 TOWN BOARD MEMBERS
COUNCILWOMAN ATHERDEN (WARD II)
Tri-County New York Transition in Collaboration with the Library. The next film is on April
8, 2019. It is Rancher Farmer Fisherman held at 6:30 p.m. in the Community Room. The
second film will be held at the Unitarian Universalist Church on Weeks Road on Friday a
documentary called Even Though the Whole World is Burning.
COUNCILMAN FERONE (WARD III)
They are working on putting in the signal light on Aviation Road by Cottage Hill Road.
Thanked the Highway Department for doing a great job this winter.
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 609
COUNCILWOMAN SWITZER (WARD IV)
The American Red Cross on Saturday May 4, 2019 will be installing free smoke alarms in
our area. They are looking for volunteers to help with this process. If you interested in
receiving a free smoke alarm you can go online to soundthealarm.org/eny or call (518) 694-
5121.
SUPERVISOR STROUGH
Met with Saga City College Students
Memorial Day Parade Committee Meeting
Cost Control Associates – Inventory of Storm water devices and management schedule of
those storm water devices.
Eric Gilbert former President of the Great Escape introduced the new Great Escape President
Rebecca Wood.
Met with Dave Matthews who is putting together a local biking magazine.
Attended the Glens Falls Basketball Game
Attended the St. Mary’s Annual Gala honoring Ed Bartholomew
Working on Small Cell Regulations
Site visit on Garrison Road on March 27, 2019 to assess some of the drainage issues.
Attended West Glens Falls EMS Annual Banquet at Longfellows
Warren County Historical Society Annual Debate at Queensbury High School
Participated in the Shamrock Shuffle
Site visits for the septic variances applicants
Thanked Look TV and sponsors StoredTech
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 118, 2019
INTRODUCED BY: Mrs. Jennifer Switzer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town
Board Meeting.
st
Duly adopted this 1 day of April, 2019 by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES: None
ABSENT:Mr. Metivier
Respectfully Submitted,
Caroline H. Barber
Town Clerk
Town of Queensbury
MINUTES PREPARED BY KAREN O’BRIEN, DEPUTY TOWN CLERK II
REGULAR TOWN BOARD MEETING, 04-01-2019, MTG#10 610