08-19-2019 MTG #25
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REGULAR TOWN BOARD MEETING MTG#25
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AUGUST 19, 2019 RES#273-286
7:00 P.M.
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUCILMAN ANTHONY METIVIER
COUNCILWOMAN CATHERINE ATHERDEN
COUNCILMAN GEORGE FERONE
COUNCILWOMAN JENNIFER SWITZER
TOWN COUNSEL
MARK SCHACHNER, ESQ.
TOWN OFFICIALS
ASSESSOR, TERI ROSS
PRESS
POST STAR, LOOK TV
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GEORGE FERONE
SUPERVISOR STROUGH-Called meeting to order…
PRESENTATION – STAR PROGRAM – ASSESSOR TERI ROSS
1.0 PRIVILEGE OF THE FLOOR RESOLUTIONS ONLY (LIMIT-3 MINUTES)
GEORGE WINTERS, 4 JOHN CLENDON ROAD-Spoke regarding Resolution Authorizing
Intermunicipal Agreement Between Town and Warren County Relating to Solid Waste and
Recyclable Disposal Services of Plastics (WC 66-18), Solid Waste and Recycling Transportation
Services (WC 67-18), Municipal Paper Recycling Services (WC 17-19) and Electronics
Recycling Services (WC 14-18)
ROBERT SCHULZ, 2458 RIDGE ROAD-Spoke regarding Order Setting Public Hearing
Concerning Proposed Queensbury Technical Park Sewer District Extension No. 7.
2.0 RESOLUTIONS
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND FRIENDS OF MOUNTAINSIDE LIBRARY
RESOLUTION NO. 273, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Friends of
Mountainside Library for the year 2019, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between
the Town and Friends of Mountainside Library for the year 2019 with funding for the Agreement not
exceeding the sum of $1,500 and authorizes and directs the Town Supervisor to execute the
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Agreement, with funding to be paid for from the appropriate Town account(s) as will be determined
by the Town Supervisor and/or Town Budget Officer.
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Duly adopted this 19 day of August, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND WARREN COUNTY RELATING TO SOLID WASTE
AND RECYCLABLE DISPOSAL SERVICES OF PLASTICS (WC 66-18), SOLID
WASTE AND
RECYCLING TRANSPORTATION SERVICES (WC 67-18),
MUNICIPAL PAPER RECYCLING SERVICES (WC 17-19) AND ELECTRONICS
RECYCLING SERVICES (WC 14-18)
RESOLUTION NO.: 274, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, as a result of a competitive bidding process completed by Warren County
(County) and for the benefit of local municipalities including the Town of Queensbury (Town),
the County has arranged for Solid Waste and Recyclable Disposal Services of Plastics (WC 66-
18), Solid Waste and Recycling Transportation Services (WC 67-18), Municipal Paper Recycling
Services (WC 17-19) and Electronics Recycling Services (WC 14-18) to be available to the Town
through the various contractors who have been awarded contracts by the County for such services,
and
WHEREAS, the Town Board wishes to utilize the County’s contractual arrangements for
each of the Town’s two transfer stations with the services to be provided and the price for such
services identified upon the terms and conditions as set forth in the County’s Agreements for such
services with the following contractors:
1. Recyclable Disposal Services of Plastics with Casella Waste Management, Inc.;
2. Solid Waste and Recycling Transportation Services with Waste Management of
New York, LLC, Inc.,
3. Municipal Paper Recycling Services with Perkins Recycling Corp.;
4. Electronics Recycling Services with Evolution Recycling, Inc;
5. Solid Waste and Recyclable Disposal Services with Wheelabrator Hudson Falls,
LLC; and
6. Solid Waste and Recyclable Disposal Services with Finch Waste Co., LLC;
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and
WHEREAS, the County has presented the Town Board with a proposed Intermunicipal
Agreement which sets forth the terms and conditions upon which the Town will participate and
pay for such services with the term of the Intermunicipal Agreement to be from January 1, 2019
through December 31, 2019 with the option of extending for an additional, one (1) year term
through December 31, 2020 should the County elect to extend its agreements with the various
contractors identified in this Resolution and should the Town elect to continue to participate in the
County’s contractual arrangements for such services during any extended term,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
Intermunicipal Agreement between Warren County and the Town of Queensbury regarding Solid
Waste and Recyclable Disposal Services of Plastics, Solid Waste and Recycling Transportation
Services, Municipal Paper Recycling Services and Electronics Recycling Services with the
services for each of the Town’s two transfer stations to be provided on the terms and conditions
set forth in the County’s Intermunicipal Agreement including the prices for such services identified
in Schedule A, with such services to be with the following contractors:
1. Recyclable Disposal Services of Plastics with Casella Waste Management, Inc.;
2. Solid Waste and Recycling Transportation Services with Waste Management of
New York, LLC;
3. Municipal Paper Recycling Services with Perkins Recycling Corp.;
4. Electronics Recycling Services with Evolution Recycling, Inc;
5. Solid Waste and Recyclable Disposal Services with Wheelabrator Hudson Falls,
LLC; and
6. Solid Waste and Recyclable Disposal Services with Finch Waste Co., LLC;
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Intermunicipal Agreement in the form substantially presented at this meeting as well
as any other needed documentation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk and/or Town Counsel to take any further action necessary to effectuate the terms of
this Resolution.
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Duly adopted this 19 day of August, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
REGULAR TOWN BOARD MEETING, 08-19-2019, MTG#25 114
NOES : None
ABSENT: None
RESOLUTION AMENDING RESOLUTION NO.: 105, 2019 TO
CORRECT TAX MAP NUMBER
RESOLUTION NO.: 275, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, by Resolution No.: 105,2019 the Queensbury Town Board approved Bay Road
Self Storage, LLC’s (Applicant’s) application for a variance/waiver from Town Code Chapter 136,
§136-44, and granted an exemption from the requirement to connect Applicant’s property located on
Bay Road, adjacent to Duke Industrial Park Road, to the Town’s Queensbury Consolidated Sanitary
Sewer District, and
WHEREAS, the tax map number of “302.8-2-23” was incorrect in the application and
subsequent approval Resolution, as the correct tax map number is “302.8-2-24” and therefore, the
Town Board wishes to amend Resolution No. 105,2019 accordingly,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 105,2019
such that the tax map number of Bay Road Self Storage, LLC’s parcel on which a variance/waiver
from Town Code Chapter 136, §136-44 was granted shall be delineated as “302.8-2-24,” and
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 105,2019 in
all other respects.
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Duly adopted this 19 day of August, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING SHARED SERVICES AGREEMENT BETWEEN
WARREN COUNTY AND TOWN OF QUEENSBURY
RESOLUTION NO. 276, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Town of Queensbury and Warren County wish to share services, materials
and equipment in accordance with New York State General Municipal Law Section 99-r in order to
promote and assist the maintenance of local government facilities, services and infrastructure to
provide costs savings by maximizing the effective use of municipal resources, and
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WHEREAS, Warren County has presented the Town Board with a proposed Shared Services
Agreement and a copy of such Agreement is presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Shared
Services Agreement Between Warren County and Town of Queensbury and authorizes and directs
the Town Supervisor to execute such Agreement substantially in the form presented at this meeting,
and
BE IT FURTHER,
RESOLVED, the Town Board further authorizes and directs the Town Supervisor to take
such other and further action as may be necessary to effectuate the terms of this Resolution.
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Duly adopted this 19 day of August, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION GRANTING THE STATE OF NEW YORK AUTHORITY TO
PERFORM BETTERMENT WORK FOR THE TOWN OF QUEENSBURY, WARREN
COUNTY
AND
TOWN OF QUEENSBURY AGREEING TO MAINTAIN FACILITIES INSTALLED
AND ADJUSTED VIA STATE-LET CONTRACT
RESOLUTION NO.: 277, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the New York State Department of Transportation proposes the construction,
reconstruction, and improvement of Route 9L - Route 9L Pavement Widening in the Town of
Queensbury (Municipality), located in Warren County, PIN 1218.07, and
WHEREAS, the State will not provide for the installation or modification of the Municipal
water line, and
WHEREAS, in connection with hereinabove described project by this Resolution, adopted
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on August 19, 2019, the Town of Queensbury has requested and authorized the NYS Department
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of Transportation pursuant to Article II, Section 10, Subdivisions 24b, 27 and 35 of the Highway
Law to process the necessary arrangements to incorporate the Betterment work of installation of
new water line and its appurtenances to meet the current standards and requirements of the Town
of Queensbury in the hereinabove mentioned State transportation project, with the cost of said
work in connection therewith to be borne by the Town of Queensbury, and
WHEREAS, the service life of the relocated and replaced utilities has been extended, and
WHEREAS, the Town of Queensbury desires that said installation of new water line and
its appurtenances be constructed by NYS Department of Transportation as part of the above-
mentioned project under a Betterment share on behalf of the Town of Queensbury based on the
“additional cost” method that is estimated to be approximately $1,200,000, and as will be shown
on the contract plans and project estimate,
NOW THEREFORE, BE IT
RESOLVED, that pursuant to Article II, Section 10, Subdivisions 24b, 27 and 35 of the
Highway Law, money shall be allocated and deposited to the NYS Office of State Comptroller to
cover the cost of the installation of new water line and its appurtenances, and
BE IT FURTHER,
RESOLVED, that after this Resolution is adopted by the Town of Queensbury and received
by the State, the State, in coordination with the Town’s Engineer, will begin the waterline design,
produce the design documents, and prepare a detailed estimate for the installation of new water
line and its appurtenances, and will include installation of the new water line and its appurtenances
in the above-mentioned construction project as the Town of Queensbury’s itemized share, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor/Chief Fiscal Officer is hereby authorized and
directed to deposit the detailed estimated amount with the NYS Office of State Comptroller after
the full execution of NYSDOT Utility Work Agreement, Form HC-140, and minimum of 45
(forty-five) days prior to the Award of this transportation project, and
BE IT FURTHER,
RESOLVED, that a copy of this Resolution shall be filed with the Office of State
Comptroller and with the State Commissioner of Transportation, it being understood that upon
completion of the said relocation and adjustment to water mains and appurtenances in the Town
of Queensbury, the Commissioner of Transportation of the State of New York shall transmit to
this town Board a statement showing the actual costs and expenses of such work, and shall notify
the Town Supervisor/Chief Fiscal Officer of the amount due from, or to be returned to the Town,
as the case may be, and
BE IT FURTHER,
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RESOLVED, that the Town of Queensbury approves of the relocation and adjustment to
water mains and appurtenances and the above-mentioned work be performed on the project by
DOT as to be shown on the contract plans relating to the project, and will own and maintain or
cause to be maintained the newly installed water line and its appurtenances after construction
thereof as set forth above, and will make ample provisions each year for such maintenance, and
BE IT FURTHER,
RESOLVED that by means of this Resolution, the Town of Queensbury grants the
authority to John F. Strough, Town Supervisor/Chief Fiscal Officer, to sign, with the concurrence
of the Town Board, any and all documentation that may become necessary as a result of this project
as it relates to the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby directed to notarize, seal, and transmit five (5)
certified copies of the foregoing Resolution, each signed with an original signature and notarized
with both a stamp and a raised seal, to the New York State Department of Transportation and
mailed to:
Yan Babichenko, P.E., Regional Utilities Engineer/Professional Engineer I
New York State Department of Transportation - Region 1, Design
50 Wolf Road, POD 2-3
Albany, NY 12232.
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Duly adopted this 19 day of August, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
********************************
I, Caroline H. Barber, the duly appointed and qualified Town Clerk of the Town of
Queensbury, do hereby CERTIFY that the foregoing Resolution was adopted at a meeting
duly called and held in the office of the Town of Queensbury, a quorum being present on the
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19 day of August, 2019, and that said copy is a true, correct and compared copy of the
original Resolution so adopted and that the same has not been revoked or rescinded.
WITNESSETH, my hand and seal this day of , 2019.
___________________________________________
CAROLINE H. BARBER, TOWN CLERK
RESOLUTION AUTHORIZING LAKE GEORGE TRIATHLON
RESOLUTION NO. 278, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
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SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, Adirondack Race Management/Lake George Triathlon Festival has requested
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authorization from the Queensbury Town Board to conduct its 14 annual Lake George Triathlon on
the following roads:
SPONSOR : Adirondack Race Management/Lake George Triathlon Festival
EVENT : Lake George Triathlon
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DATE : Saturday, August 31, 2019
TIME : Approximately 7:00 a.m. – 10:30 a.m. (Bike Leg Portion)
PLACE : Warren County Bike Trail and then Birdsall,
Round Pond, Blind Rock, Haviland, Rockwell, Sunnyside,
Jenkinsville and Ridge Roads (map delineating course attached);
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of
insurance from Adirondack Race Management/Lake George Triathlon Festival to conduct the Lake
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George Triathlon partially within the Town of Queensbury on Saturday, August 31, 2019, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this event subject to approval by the
Town Highway Superintendent, which may be revoked due to concern for road conditions at any time
up to the date and time of the event.
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Duly adopted this 19 day of August, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ACCEPTANCE OF EASEMENTS
FROM DONNA AND KIRK BARTON AND
DREAM LAKE BUILDERS, LLC
RESOLUTION NO.: 279, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Town Highway Superintendent has advised the Town Board of certain
drainage issues in the vicinity of 59 and 60 Sunnyside North Road in the Town of Queensbury
designated as Tax Map Nos: 279.17-2-32, 279.17-2-33 and 279.17-1-1.1, and
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WHEREAS, the Highway Superintendent has evaluated the parcels and has recommended
acquisition of drainage easements from the property owners for the purposes of installation of
permeable paver infrastructure to help improve drainage on Sunnyside North Road, and
WHEREAS, the Town Board agrees that acquisition of such drainage easements from the
property owners, Donna and Kirk Barton and Dream Lake Builders, LLC, will benefit Town residents
and therefore the Board wishes to authorize acceptance of the easements,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby approves and accepts for Town highway drainage
purposes, easements on portions of parcels owned by:
1. Donna and Kirk Barton for parcel located at 60 Sunnyside North Road, Queensbury
and designated as Tax Map Nos: 279.17-2-32 and 279.17-2-23; and
2. Dream Lake Builders, LLC for parcel located at 59 Sunnyside North Road,
Queensbury and designated as Tax Map No.: 279.17-1-1.1;
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any and all documents necessary to complete this transaction including the easements and
TP-584 forms in form acceptable to Town Counsel and the Town Supervisor, Town Highway
Superintendent, Town Budget Officer and/or Town Counsel to take such other and further action as
may be necessary, including recording of the easements, to effectuate the terms of this Resolution.
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Duly adopted this 19 day of August, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF RYAN TUCKER
AS FULL-TIME MOTOR EQUIPMENT OPERATOR
FOR TOWN HIGHWAY DEPARTMENT
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RESOLUTION NO.: 280, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Town of Queensbury’s Highway Superintendent has advised the Town
Board that there is a vacancy in a full-time Motor Equipment Operator (MEO) position in the
Highway Department, and
WHEREAS, the Highway Superintendent posted availability for the position, reviewed
resumes and has made a hiring recommendation to the Town Board to hire Ryan Tucker,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Ryan Tucker as a full-time Motor Equipment Operator (MEO) in the Town’s Highway Department
subject to Mr. Tucker’s successful passing of a pre-employment physical as required by Town Policy
and successful completion of a twenty-six (26) week probationary period, and contingent upon the
Town successfully completing background checks as reasonably necessary to judge fitness for the
duties for which hired and drug and/or alcohol screening, and
BE IT FURTHER,
RESOLVED, that Mr. Tucker shall be paid at the hourly rate of pay for the MEO position as
delineated in the Town’s current Agreement with the Civil Service Employees Association, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Highway Superintendent and/or Town Budget Officer to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
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Duly adopted this 19 day of August, 2019 by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION TO AMEND 2019 BUDGET
RESOLUTION NO.: 281, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the following Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting practices by the
Town Budget Officer,
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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 2019 Town Budget as follows:
To
Code Appropriation Code Appropriation $
001-1990-4400 Contingency 001-1220-4090 Training 700
001-1990-4400 Contingency 001-5630-4414 Community 1,200
Service
001-1990-4400 Contingency 001-6410-4400 Publicity 1
002-1680-4400 Misc. Contractual 002-1680-2031 Hardware 750
005-3410-4401-CPA Audit 005-9040-8040-Workers' Comp 5,700
4981 4981
032-1990-1010 Contingency 032-1680-2031 Comp Hardware 100
032-1990-1010 Contingency 032-1680-2032 Comp Software 50
033-8130-4425 Sewage Buy-in 033-9110-4130 Town Counsel 450
036-0000-0909 Fund Balance 036-8130-2800 Capacity Buy-in 57,500
047-8310-4400 Misc. Contractual 047-1650-4100 Telephone 250
Increase
Revenue
004-0000-52680 Insurance Recovery 1,313
Increase Appropriation
004-5130-4110 Vehicle Repair 1,313
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Duly adopted this 19 day of August, 2019 by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT : None
RESOLUTION AUTHORIZING SETTLEMENT OF
PROPERTY ASSESSMENT CASES FILED BY BT-NEWYO, LLC
RESOLUTION NO.: 282, 2019
REGULAR TOWN BOARD MEETING, 08-19-2019, MTG#25 122
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, BT-NEWYO, LLC (“Petitioner”), filed Article 7 Real Property Assessment
Review cases against the Town challenging the 2014 through 2019 assessments on real property
located at 52 Big Boom Road, Queensbury, New York (Tax Map Parcel #309.14-1-1), and
WHEREAS, it appears to be in the best interests of the Town to avoid the significant costs
that would result if the litigation continues and goes to trial, and
WHEREAS, the Town Assessor now recommends proposed settlement terms which have
been negotiated with Petitioner, and
WHEREAS, the Queensbury Union Free School District’s Board of Education is expected
to approve the proposed settlement terms,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby approves the proposed settlement of the tax
assessment cases filed by BT-NEWYO, LLC as follows:
1) The 2014 through 2018 assessment challenges shall be discontinued without reduction
or refunds.
2) The 2019 assessment challenge shall be discontinued.
3) The assessed value for Tax Map Parcel #309.14-1-1 shall be fixed at $828,000 for the
2019, 2020 and 2021 Assessment Rolls unless the property is further improved or the
assessment is subject to some other exception under Real Property Tax Law Section
727.
and
BE IT FURTHER,
RESOLVED, that approval of this settlement agreement is contingent upon Town Counsel’s
review and approval of the Stipulation of Settlement and Order, and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Assessor, Town Clerk and/or Town Counsel to execute settlement documents and take any additional
steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution.
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Duly adopted this 19 day of August, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS -
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WARRANT OF AUGUST 20, 2019
RESOLUTION NO.: 283, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
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Warrant with a run date of August 15, 2019 and a payment date of August 20, 2019,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date
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of August 15, 2019 and a payment date of August 20, 2019 totaling $642,846.74, 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.
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Duly adopted this 19 day of August, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT : None
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED QUEENSBURY
TECHNICAL PARK SEWER DISTRICT
EXTENSION NO. 7
REGULAR TOWN BOARD MEETING, 08-19-2019, MTG#25 124
RESOLUTION NO. 284, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury
Technical Park Sewer District (hereinafter the “District”) to be known as the Queensbury Technical
Park Sewer District Extension No. 7 (hereinafter the “Sewer District Extension”), and
WHEREAS, a Map, Plan and Report has been prepared by Nace Engineering, P.C., engineers
licensed by the State of New York regarding the proposed Sewer District Extension to permanently
serve a new development of Luzerne Road Duplexes to be constructed by Hayes & Hayes on one (1)
parcel bearing tax map identification no.: 309.10-1-97 and located on Luzerne Road as more
specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been accepted and approved by the Town and has
been filed in the Queensbury Town Clerk's Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer
District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system
and method of operation, and
WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension in
accordance with Town Law Article 12-A and plan to later consolidate the Sewer District Extension
with the Queensbury Technical Park Sewer District in accordance with General Municipal Law
Article 17-A, and
WHEREAS, Part I of an Environmental Assessment Form has been prepared and presented
at this meeting and the action will undergo an uncoordinated review,
NOW, THEREFORE, IT IS
ORDERED:
1. The Queensbury Town Board shall hold a public hearing to consider establishment of the
proposed Extension No. 7 to the Queensbury Technical Park Sewer District described in this
Resolution to be known as the Queensbury Technical Park Sewer District Extension No. 7.
2. The boundaries of the proposed extension and benefitted areas of the Queensbury
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Technical Park Sewer District include tax map parcel no.: 309.10-1-97, having the following metes
and bounds description:
All that certain piece or parcel of land situate, lying and being in the Town of
Queensbury, County of Warren and the State of New York, more particularly bounded and
described as follows: BEGINNING at a point in the northerly bounds of Luzerne Road at
the southwest corner of the lands now or formerly of Thomas Spring; running thence North
81 degrees, 07 minutes and 53 seconds West, along said Luzerne Road, a distance of 111.17
feet to the southeast corner of lands now or formerly of Edward Murray; thence running along
said lands the following two courses and distances:
(1) North 08 degrees, 22 minutes and 02 seconds East, a distance of 127.65 feet;
(2) North 81 degrees, 31 minutes and 38 seconds West, a distance of 271.01 feet to a point
in the easterly bounds of the lands of the West Glens Falls Volunteer Fire Company No. 1;
thence running North 06 degrees, 18 minutes and 50 seconds East, along said lands and along
the lands of Fire Fighters of West Glens Falls Association, a distance of 479.87 feet to the
northeast corner thereof and the southerly bounds of Sunset Avenue; thence running South 73
degrees, 20 minutes and 58 seconds East, along the southerly bounds of said Sunset Avenue,
the southerly bounds of lands of Matthew Ball and the southerly bounds of the lands of
Patricia Jones and part of the way along the southerly bounds of Mallory Avenue, a total
distance of 261.37 feet to a point at the northwesterly corner of said lands of Thomas Spring;
thence running South 05 degrees, 28 minutes and 38 seconds East, along said lands of Spring,
a distance of 588.11 feet to the point and place of beginning, containing 3.48 acres of land to
be the same more or less.
Bearings given in the above description refer to magnetic North.
SUBJECT to easements of record.
and as more specifically set forth and described in the Map, Plan and Report.
3. The existing Town of Queensbury municipal sanitary sewer along Luzerne Road extends
from the City of Glens Falls (hereinafter the “City”) at the corner of Western Avenue and Luzerne
Road and continues westerly along Luzerne Road to Media Drive (and then southerly to the Tribune
Media building on Media Drive). The sewer connects to the City municipal sanitary sewer system
just east of the City line on Luzerne Road. The Developer will install 570’ of 8” diameter gravity
sewer line and three (3) sewer manholes and connect to the existing sewer line on the north side of
Luzerne Road. All such infrastructure to be installed will be owned and maintained by the property
owner. Plans and details for this new connection are shown on the Map, Plan and Report. Flows
from this proposed Extension will be transported and discharged to the City of Glens Falls Wastewater
Treatment Plant which has the capacity to provide the Town of Queensbury with the capacity
necessary for this Sewer District Extension.
REGULAR TOWN BOARD MEETING, 08-19-2019, MTG#25 126
4. The cost of installation of sewer laterals shall be the responsibility of the property owners.
Legal, engineering and construction costs to form the Sewer District Extension are to be paid by the
property owner and members of the Sewer District will not be responsible for these costs. The
improvements shall be constructed and installed in full accordance with the Town of Queensbury's
specifications, ordinances or local laws, any State laws or regulations, in accordance with approved
plans and specifications and under competent engineering supervision.
5. The maximum amount proposed to be expended to form the Sewer District Extension is
approximately $120,726 which would be borne entirely by the property owner. This estimate includes
the property owner’s capital cost of construction (approximately $100,000), as well as the capital buy-
in fees estimated in the total amount of $20,726 as outlined in the Map, Plan and Report. The current
operation and maintenance use fee in the district is $5.50 per 1,000 gallons of metered water usage.
The property within the Extension will be taxed and/or assessed user fees for the operation and
maintenance charges. All user fees and taxes will be based upon the same formulas as are used in the
Queensbury Technical Park Sewer District, as amended from time to time.
6. All capital costs of the project will be paid for by the property owner and must be paid in
full prior to connection. There will be no financing cost or tax increase in the Sewer District Extension
or in the existing Technical Park Sewer District. The operation and maintenance cost for the property
in the proposed Sewer District Extension is estimated to be $7,046.33 per year. There is only one
property in the Sewer District Extension so it is the typical property. It is not a one or two family
home.
7. The Map, Plan and Report describing the improvements and area involved and a detailed
explanation of the fees and costs is on file with the Queensbury Town Clerk and is available for public
inspection.
8. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center,
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742 Bay Road, Queensbury at 7:00 p.m., on Monday, September 9, 2019 to consider the Sewer
District Extension and to hear all persons interested in the proposal and to take such other and further
action as may be required or authorized by law.
9. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly
publish and post this Order not less than ten (10) days nor more than twenty (20) days before the
public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of
two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public
Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or
about the date of publication. Pursuant to Town Law section 209-f, the permission of the State
REGULAR TOWN BOARD MEETING, 08-19-2019, MTG#25 127
Comptroller is not required.
10. The Town Board hereby declares that this action is an unlisted action pursuant to 6
NYCRR 617 et. seq., and will perform uncoordinated review of this Project.
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Duly adopted this 19 day of August, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF
INVASIVE SOLUTIONS DIVE COMPANY, LLC FOR DIVER ASSISTED SUCTION
HARVESTING IN CONNECTION WITH GLEN LAKE AQUATIC VEGETATION
MANAGEMENT PROGRAM
RESOLUTION NO.: 285, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, by Resolution No.: 305,2011, the Queensbury Town Board adopted its Final
Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District,
and
WHEREAS, by Resolution No.: 349,2018, the Town Board adopted the Glen Lake Aquatic
Plant Growth Control District Benefit Tax Roll, and
WHEREAS, by Resolution No.: 92,2019, the Town Board authorized engagement of
Aqualogic, Inc. for an Aquatic Vegetation Management Program for Glen Lake in 2019 (Program),
and
WHEREAS, Aqualogic, Inc., was unable to complete the Program and therefore the Glen
Lake District Advisory Committee has recommended that the Town Board authorize engagement of
Invasive Solutions Dive Company, LLC to complete the Project by providing two, 40-hour work
weeks for a total amount of $14,960 in accordance with Invasive Solutions Dive Company, LLC’s
proposed Aquatic Invasive Plant Removal Agreement presented at this meeting,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING, 08-19-2019, MTG#25 128
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Invasive
Solutions Dive Company, LLC to complete the final two weeks of the Aquatic Vegetation
Management Program for Glen Lake in 2019 (Project) by providing two, 40-hour work weeks for a
total amount of $14,960 in accordance with its Aquatic Invasive Plant Removal Agreement
substantially in the form presented at this meeting, contingent upon submission of a valid certificate
of insurance in form and amounts acceptable to the Town Supervisor and/or Town Budget Officer,
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay
expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051-8790-
4400 and/or take any actions necessary to provide for such payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign
the Aquatic Invasive Plant Removal Agreement and/or any other needed documentation and the
Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the
terms of this Resolution.
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Duly adopted this 19 day of August, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
3.0 CORRESPONDENCE
DEPUTY CLERK O’BRIEN-Supervisor’s Report for July 2019 for Community Development and
Buildings and Codes. On file in Town Clerk’s Office.
4.0 PRIVILEGE OF THE FLOOR (LIMIT-4 MINUTES)
GEORGE WINTERS, 4 JOHN CLENDON ROAD-Spoke regarding the Community Aggregate.
ROBERT SCHULZ-Asked for a copy of the EAF regarding the proposed Queensbury Technical Park
Sewer District Extension No. 7.
5.0 TOWN BOARD DISCUSSIONS
COUNCILWOMAN SWITZER (WARD IV)
Stream Cleanup Crew that will be assembling on Tuesday, August 27, 2019 from 1:00 p.m.
to 3:00 p.m. for the Halfway Brook Watershed. If you are interested in participating, you can
contact Warren County Soil and Water Conservation at (518) 623-3119 this is by Thursday,
August 22, 2019.
COUNCILMAN FERONE (WARD III)
REGULAR TOWN BOARD MEETING, 08-19-2019, MTG#25 129
Spoke regarding the frequent emails that the Town receives regarding the rate of speed that
people are traveling on the side roads. Asked residents please be mindful of their speed when
they travel around Town.
COUNCILWOMAN ATHERDEN (WARD II)
There will be a short film on Monday held at Crandall Library at 6:30 p.m. The name of the
film is Front Porch Forum. It is co-sponsored by Tri-County New York Transition.
COUNCILMAN METIVIER (WARD I)
Nothing to report
SUPERVISOR STROUGH
Appointed to the Balloon Festival Committee by Warren County Chairman Ron Conover
Received Investigation Narrative Report from the Department of Labor regarding the five
complaints from the Cemetery noting the Town was in compliance.
Glens Falls Symphony sent a thank you note to the Town.
Received an announcement from Basil Seggos, Department of Environmental Conservation
Commissioner noting the Town has been awarded $2,500 for our clean vehicle purchase.
Molly Condon Hudson, Executive Director of Glens Falls Area Youth Center thanked the
Board for helping them out financially.
Supervisor’s Report to Community and Board
Thanked Look TV and sponsors Storedtech
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 286, 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.
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Duly adopted this 19 day of August, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT:None
Respectfully Submitted,
Caroline H. Barber
Town Clerk
Town of Queensbury
MINUTES PREPARED BY KAREN O’BRIEN, DEPUTY TOWN CLERK II