03-08-2021 MTG #9
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 444
REGULAR TOWN BOARD MEETING VIA ZOOM MTG #9
TH
MARCH 8, 2021 RES. #84-96
7:09P.M. B.H. #12-13
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN GEORGE FERONE
COUNCILMAN TIMOTHY MCNULTY
TOWN COUNSEL
ROBERT HAFNER, ESQ.
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH
SUPERVISOR STROUGH-Called meeting to order….
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 84, 2021
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular
Session and enters into the Queensbury Board of Health.
th
Duly adopted this 8 day of March 2021 by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES: None
ABSENT: None
CONTINUATION OF PUBLIC HEARING SEWAGE DISPOSAL VARIANCE
APPLICATION OF JOHN AND MARY JO SABIA
SUPERVISOR STROUGH- Well, we asked them to go back to the drawing board. We will
leave the public hearing open. Since the public hearing is still open, is there anyone tonight that
wishes to speak to this? We don’t really have anything before you because, but the public
hearing is still open.
COUNCILMAN FREER- John, how long are we going to leave it open without re-announcing it
or whatever?
SUPERVISOR STROUGH- I don’t know. I will get ahold of them this week and see what’s
going on. I will get back to you on that.
COUNCILMAN FREER- Okay.
SUPERVISOR STROUGH- Seeing no interest, I will move on to the next item.
PUBLIC HEARING LEFT OPEN
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 445
PUBLIC HEARING: SANITARY SEWAGE DISPOSAL VARIANCE OF LINDA AND
RAYMOND SHIRVELL
NOTICE SHOWN
PUBLICATION DATE: FEBRUARY 26, 2021
SUPERVISOR STROUGH- Alright, so the Shirvell’s…Tony will you review what the Shirvell’s
want to do.
COUNCILMAN METIVIER- Yes, they just want to do a holding tank on Assembly Point Road.
Let’s see, it is… two things.
COUNCILMAN FERONE- Two 1,750 gallon capacity holding tanks, total capacity 3,500
gallons.
COUNCILMAN MCNULTY- They want to build a new…
COUNCILMAN METIVIER- John was over to see this one before the other one. You had some
concerns but not really, John.
SUPERVISOR STROUGH- No, not really. I mean it’s going to be a very difficult lot to build on
but, certainly holding tanks would be the appropriate sanitation system for there.
COUNCILMAN METIVIER- I had spoken to John about this earlier. A holding tank is a holding
tank.
SUPERVISOR STROUGH- Okay, what is the proposed number on Assembly Point Road?
COUNCILMAN METIVIER- Thirty-one.
SUPERVISOR STROUGH- Thirty-one. Alright, is there any Town Board thoughts other than
what’s been mentioned? Alright, I will open the public hearing. There is somebody, Greg Nolte.
Greg, can you hear me? Greg Nolte, go ahead.
GREG NOLTE- Can you hear me?
SUPERVISOR STROUGH- Yeah, we can hear you.
MR. NOLTE- Okay. Hello my name is Greg Nolte. We live across the private road from the
Shirvell’s…we’ve been there since 1952. I remember it when his previous trailer that he had
three decades ago. We did receive the notice in the mail. I just have some questions about
location…the holding tanks. This is the first I heard that. A house may be built on it so I will be
interested in that process. When I did talk to the Building Department today, they did not know
exactly where the holding tank would be located. I just have some questions. I’m looking for
more information, if the Board knows.
MR. NOLTE- Well, they all have plans, I don’t. Tony, do you have the plans with you?
COUNCILMAN METIVIER- I don’t know why I don’t have the plans John, but I cannot find
them.
SUPERVISOR STROUGH- I left mine in the truck.
COUNCILMAN METIVIER- I am the most organized guy in the world.
SUPERVISOR STROUGH- George, do you have the plans in front of you and can you explain
where the septic tanks are proposed to be located.
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 446
COUNCILMAN FERONE- Sure. There are two septic tanks on the south side of the property. I
would say more towards the eastern portion of the property. Kind of in line, apparently, there is
an existing shed there it looks like. I don’t know if Mr. Nolte…
MR. NOLTE- Yes I do.
COULCILMAN FERONE- The proposed house, I guess, that’s going on that lot is smack in the
middle of that property.
MR. NOLTE- Is there a location for the well, the water well in relation to the holding tanks.
COUNCILMAN FERONE- Yes, there is. There’s like 55 ½ feet between the well and the two
holding tanks.
MR. NOLTE- I did talk to Dave with the Building Department, and let me see, Maria, the Senior
Typist there responded that they did not have any drawings at this point, or site plans. I guess I
would just be interested in that. I’m not totally against the application. We’ve been neighbors
and friends for decades. I’m just curious how it may impact us because we are right across the
private road from them.
COUNCILMAN FERONE- Yeah, these plans are just in relation to the siting of the two tanks. If
they do build a house, they would have go through site plan review with the Planning Board.
MR. NOLTE- Right, right. But that gives at least a footprint of the potential building, the
location of the tanks and location of the water well?
COUNCILMAN FERONE- Yes, sir.
MR. NOLTE- Okay. How can I go about getting that drawing that you’re looking at, that site
plan?
COUNCILMAN FERONE- I would think they would be on-line, right John?
SUPERVISOR STROUGH- If it’s not, just call the same people that you called before, Dave
Hatin in the Building and Codes Office and you should be able to get a copy of that.
MR. NOLTE- Okay.
SUPERVISOR STROUGH- Alright, Greg.
MR. NOLTE- So I think the shed is actually located on the southwest side of the property, along
where, I’m not sure if you have names, but he Dobrowski’s residences. Is that…
COUNCILMAN FERONE- Yes, that’s correct.
MR. NOLTE- Southwest… located closer to Assembly Point, the roadway.
COUNCILMAN FERONE- That is correct, yes.
MR. NOLTE- Okay, alright. Can you just … the dimensions of the, I won’t take any more time,
the dimensions of the house itself?
COUNCILMAN FERONE- It’s hard to tell. Again, they just have it blocked off here as
proposed house. They didn’t give dimensions of the home.
MR. NOLTE- Single story?
COUNCILMAN FERONE- Again, that information is not on this…
MR. NOLTE- Okay.
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 447
COUNCILMAN FERONE- I would say that would come out through site plan review. They
have to submit those plans for the house when they are going to go ahead and build that house.
MR. NOLTE- Would we be notified of that through the Building Department when it comes
back, once it passes this Board?
SUPERVISOR STROUGH- Everybody within 500 feet of the project gets notified.
MR. NOLTE- Okay. Alright, that’s all the questions. I appreciate your help.
SUPERVISOR STROUGH- Oh no problem, Greg. Thank you.
COUNCILMAN METIVIER- Have a good evening.
MR. NOLTE- Thank you.
SUPERVISOR STROUGH- Anybody else like to speak to this disposal variance application for
holding tanks? Alright, seeing none, would anyone like to put forward a motion to approve the
septic variance with holding tanks on Assembly Point, 31 Assembly Point Road?
DEPUTY TOWN CLERK, MELLON- Close the public hearing.
SUPERVISOR STROUGH- Yes, I will close the public hearing. Thank you, Rose.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR LINDA AND RAYMOND SHIRVELL
RESOLUTION NO.: BOH 12, 2021
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Linda and Raymond Shirvell (Applicants) applied to the Local Board of Health
for a variance from Chapter 136, §136-11 which requires applicants to obtain a variance for holding
tanks, as the Applicants wish to install two (2) 1,750 gallon capacity holding tanks for a total capacity
of 3,500 gallons in lieu of a sewage disposal system on a vacant lot for construction of a new single
family dwelling on property situated at 31 Assembly Point Road in the Town of Queensbury, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health conducted a public hearing concerning the variance
th
requests on Monday, March 8, 2021, and
WHEREAS, the Town Clerk’s Office advised that it duly notified all property owners within
500 feet of the subject property,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 448
RESOLVED, that:
1. due to the nature of the variance, it is felt that the variance would not be materially
detrimental to the purposes and objectives of this Ordinance or other adjoining
properties nor otherwise conflict with the purpose and objectives of any Town plan or
policy; and
2. the Local Board of Health finds that the granting of the variance is necessary for the
reasonable use of the land and is the minimum variance which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Linda and
Raymond Shirvell (Applicants) for a variance from the Sewage Disposal Ordinance to allow
installation of two (2) 1,750 gallon capacity holding tanks for a total capacity of 3,500 gallons in lieu
of a sewage disposal system on a vacant lot for construction of a new single family dwelling on
property situated at 31 Assembly Point Road in the Town of Queensbury and bearing Tax Map No.:
239.12-2-9, 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.
th
Duly adopted this 8 day of March, 2021, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
PUBLIC HEARING: SANITARY SEWAGE DISPOSAL VARIANCE OF 330
CLEVERDALE ROAD TRUST, GERALD L. CONWAY, JR., TRUSTEE AND JILL A.
CONWAY, TRUSTEE
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 449
NOTICE SHOWN
PUBLICATION DATE: FEBRUARY 26, 2021
SUPERVISOR STROUGH- Alright, this application has been withdrawn; so there’s no need for
a public hearing. It was withdrawn this week.
APPLICATION WITHDRAWN- NO ACTION
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 13, 2021
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into
the Town Board of the Town of Queensbury.
th
Duly adopted this 8 day of March 2021, by the following vote:
AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT: None
2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN)
NO PUBLIC COMMENT
3.0 RESOLUTIONS
RESOLUTION AUTHORIZING WASTEWATER WORKING
SUPERVISOR TO USE TOWN VEHICLE FOR TRAVEL BETWEEN
TOWN JOB SITE AND PERSONAL RESIDENCE TO RESPOND TO
EMERGENCY SITUATIONS
RESOLUTION NO.: 85, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Town of Queensbury Employee Handbook §1008 entitled “Vehicle Usage and Travel
Reimbursement” states that in situations where an employee’s official duties require him/her to be on call and
available at times other than the normal work day the Town Board may adopt a Resolution authorizing the
Town employee to use a Town vehicle for travel between his/her official domicile and job site in order to ensure
rapid response in emergency situations, and
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 450
WHEREAS, the Town’s Wastewater Director/Water Superintendent has advised the Town Board that
as part of the Town Wastewater Working Supervisor’s job duties, he responds to emergency situations within
the Town, including responding to wastewater emergencies, during evening and weekend hours, and
WHEREAS, the Town Board wishes to adopt a Resolution authorizing Matthew Bearor, Town
Wastewater Working Supervisor, to use a Town vehicle for travel between his residence and Town job site so
that he may expediently respond to emergency situations during non-business hours,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes Matthew Bearor, Town Wastewater
Working Supervisor, to use a Town vehicle between his residence and Town job site so that he may expediently
respond to emergency situations during evenings and weekends, in accordance with and as expressly set forth
in the Town of Queensbury Employee Handbook §1008 entitled “Vehicle Usage and Travel Reimbursement,”
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater
Director/Water Superintendent and/or Town Budget Officer to take such actions necessary to effectuate the
terms of this Resolution.
th
Duly adopted this 8 day of March, 2021, by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE
MANAGEMENT FOR PREPARATION AND FILING OF NYS DEC
PERMIT APPLICATION AND COMPLETION OF PRE-TREATMENT
SURVEY RELATING TO GLEN LAKE AQUATIC PLANT
GROWTH CONTROL DISTRICT
RESOLUTION NO.: 86, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 451
WHEREAS, by Resolution No.: 312,2020, the Town Board adopted the 2021 Glen Lake Aquatic Plant
Growth Control District Benefit Tax Roll, and
WHEREAS, by Resolution No: 110,2020, the Town Board authorized engagement of Solitude Lake
Management for the Aquatic Vegetation Management Program for Glen Lake in 2020, which Program
provided for Solitude Lake Management’s herbicide treatment for control of Eurasian water milfoil and Illinois
pondweed within portions of Glen Lake, and
WHEREAS, in Chapter 3(C)(2)(f) of the Town Purchasing Procedures, upon the Town Board
considering the reasonableness of the fee, it may engage a particular professional which was previously used
with the Project without soliciting multiple vendors, and
WHEREAS, the Town Board wishes to again engage the services of Solitude Lake Management for
preparation and filing of New York State Department of Environmental Conservation Permit applications and
completion of a pre-treatment survey relating to the 2021 Aquatic Vegetation Lake Management Contract for
Glen Lake for the amount of $3,245 as delineated as Tasks 1 and 2 in Solitude Lake Management’s Lake
Management Contract dated February 22, 2021 presented at this meeting, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements, and
WHEREAS, the Town Board previously conducted SEQRA review and issued a SEQRA Negative
Declaration in 2018,
NOW, THEREFORE, BE IT
RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board
hereby waives its requirement under the Town of Queensbury’s Purchasing Policy for two (2) written quotes,
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes engagement of Solitude Lake Management for
the preparation and filing of the New York State Department of Environmental Conservation Permit
applications and completion of a pre-treatment survey relating to the 2021 Aquatic Vegetation Lake
Management Contract for Glen Lake for the amount of $3,245 as delineated as Tasks 1 and 2 in Solitude Lake
Management’s Lake Management Contract dated February 22, 2021 substantially in the form presented at this
meeting, contingent upon the Town’s receipt of a proper certificate of insurance in form acceptable to the
Town, and
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 452
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 not to exceed
$3,245 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 any
needed documentation, including Permit Applications with the New York State Department of Environmental
Conservation, and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and
all action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 8 day of March, 2021, by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN
PINE VIEW CEMETERY FROM MARK BASSO
RESOLUTION NO.: 87, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot
in the Pine View Cemetery to Mark Basso – Erie Plot, Lot No.: 2-L, and
WHEREAS, Mr. Basso has requested that the Town’s Cemetery Commission buy back such
lot, and
WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended
re-purchase of such lot and approval by the Town Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery
Commission's re-purchase of a cemetery lot in the Pine View Cemetery from Mark Basso – Erie Plot,
Lot No.: 2-L for the amount of $400, and
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 453
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to
arrange for the payment of such amount to Ms. Basso and properly account for the sales in the Town’s
books and records, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Cemetery
Superintendent and/or Town Budget Officer to take any other actions necessary to effectuate the terms
of this Resolution.
th
Duly adopted this 8 day of March, 2021, by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING
BETWEEN TOWN OF QUEENSBURY AND UNITED STATES
DEPARTMENT OF AGRICULTURE NATURAL RESOURCES
CONSERVATION SERVICE
RESOLUTION NO.: 88, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Supervisor’s Office was contacted by Program Analyst
Kimberley Glenn, a representative of the United States Department of Agriculture (USDA) Natural
Resources Conservation Service (NRCS) regarding an NRCS Emergency Watershed Protection
Program (Floodplain Easements), and
WHEREAS, Jim Lieberum, Warren County Soil & Water Conservation District Manager,
and Tom Bielli, USDA NRCS Service District Conservationist, toured the Town following a major
storm that occurred on October 31, 2019 and determined that two properties located immediately
adjacent to Halfway Brook as the Brook passes under Meadowbrook Road, might be eligible for
the NRCS Emergency Watershed Protection Program, and
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 454
WHEREAS, the two properties that experience periodic flooding as a result of their location
adjacent to the Halfway Brook are:
1. 236 Meadowbrook Road, Queensbury, NY 12804
a. Owner: Nina Bakhtin
b. Lot #: 297.13-1-2
c. North side of Halfway Brook
d. 0.91 acres
e. Town assessment/full market value: $116,600
and
2. 228 Meadowbrook Road, Queensbury, NY 12804
a. Owner: Kenneth and Marisa Colvin
b. Lot #: 297.13-1-3
c. South side of Halfway Brook
d. 0.62 acres
e. Town assessment/full market value: $158,500
and
WHEREAS, Town Supervisor John Strough and Ward 2 Councilperson Harrison Freer
met with these two impacted property owners and discussed with them the NRCS Emergency
Watershed Protection Program, and
WHEREAS, these property owners indicated interest in proceeding with this program
process which would result in the owners’ conveyance of permanent floodplain easements over
their properties, and
WHEREAS, the program requires the Town to participate as a program sponsor and to
assist in disseminating information about the program, accepting applications from eligible
property owners who wish to enroll in the program and other related tasks, and
WHEREAS, the Town of Queensbury and the USDA NRCS wish to establish and
formalize their working arrangements in a Memorandum of Understanding (MOU), and
WHEREAS, the MOU requires no expenditure of funds by the Town, but is a necessary
step in the NRCS process to enroll the two eligible property owners into the program, and
WHEREAS, a proposed MOU is presented at this meeting and is in form acceptable to
Town Counsel,
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 455
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Supervisor to
execute the Memorandum of Understanding between the Town of Queensbury and the United
States Department of Agriculture Natural Resources Conservation Service substantially in the
form presented at this meeting and to execute any further documents necessary to further the
purpose of the Memorandum of Understanding, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Supervisor and/or Town Budget Officer
to undertake any further actions necessary to effectuate the terms of this Resolution.
th
Duly adopted this 8day of March, 2021, by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF AUDIO/VIDEO SYSTEM
FROM MOOD FUNCTIONAL COMMUNICATIONS CORPORATION
FOR TOWN ACTIVITIES CENTER
RESOLUTION NO.: 89, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to purchase an audio/video system for the meeting
room at the Town’s Activities Center, and
WHEREAS, PEPPM Cooperative Purchasing (PEPPM) is a governmental technology cooperative
purchasing program that specifically benefits public agencies and municipalities, including the Town of
Queensbury, with technology purchasing contracts competitively bid under the high standards expected for
public-sector procurement, and
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 456
WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in
New York State to “piggyback” off an existing County/State Bid and therefore, due to the agreeable and
advantageous terms represented by MOOD Functional Communications Corporation (MOOD) in this instance,
the Town of Queensbury wishes to piggyback with PEPPM for the purchase and installation of an audio/video
system as set forth in MOOD’s proposal dated February 24, 2021 presented at this meeting for the amount of
$16,694.40 for equipment per PEPPM Contract #529461-016, plus $4,015 for additional expenses involved in
the commissioning and support of the system, for a total of $20,709.40, plus an additional $2,000 in necessary
cabling expenses to be incurred by StoredTech Technology Solutions, Inc., (StoredTech) for a total project cost
of $22,709.40, and
WHEREAS, the Town of Queensbury will adhere to all New York State bidding requirements, and
WHEREAS, the Town Board wishes to authorize withdrawals and expenditures in the amount of
$22,709.40 from Capital Reserve No. 64 to fund this Capital Project, 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 No. 64 subject to permissive referendum,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the purchase and
installation of an audio/video system from MOOD Functional Communications Corporation (MOOD) as set
forth in MOOD’s proposal dated February 24, 2021 substantially in the form presented at this meeting for the
amount of $16,694.40 for equipment per PEPPM Contract #529461-016 plus $4,015 for additional expenses
involved in the commissioning and support of the system for a total of $20,709.40, plus an additional $2,000
in necessary cabling expenses to be incurred by StoredTech for a total project cost of $22,709.40, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby finds that the withdrawals and expenditures are
expenditures for a specific capital project for which the Capital Reserve Fund No. 64 was established, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to take all
actions necessary to amend the Town Budget and effectuate the transfer of $22,709.40 from Capital Reserve
No.: 64 to Misc. Equipment Account No.: 001-1680-2001 to fund this project, 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, transfers or prepare any documentation
necessary to establish such appropriations and estimated revenues, and
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 457
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
any necessary documentation, including the proposal with MOOD substantially in the form presented at
this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Budget Officer, Purchasing Agent and/or Town Counsel to take any and all action 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.
th
Duly adopted this 8 day of March, 2021, by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN
COMPANIES FOR PROFESSIONAL SERVICES ASSOCIATED WITH
THUNDERBIRD DRIVE CULVERT REPLACEMENT PROJECT AND
ESTABLISHING CAPITAL PROJECT NO.: 237
RESOLUTION NO.: 90, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to engage The Chazen Companies (Chazen) for
professional technical services associated with the Thunderbird Drive culvert replacement project for a sum
not to exceed $37,984 in accordance with Chazen’s February 11, 2021 (Second Revision) Proposal #PM20-
201.60 presented at this meeting, and
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 458
WHEREAS, the Town Board also wishes to authorize establishment of Thunderbird Drive Culvert
Replacement Capital Project Fund No.: 237 and establish and fund the Revenue and Expense Accounts for
the Capital Project, and
WHEREAS, in Chapter 3(C)(2) of the Town Purchasing Procedures, upon the Town Board
considering the reasonableness of the fee, it may engage a particular professional which has professional
familiarity with the project, work or Town records, the Town’s experience and working relationship with the
professional and/or the Town and professional’s personal trust and confidence, and
WHEREAS, the Town Board wishes to waive the Town Purchasing Policy’s two (2) quotes, self-
imposed bidding/purchasing requirement in this instance, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements, and
NOW, THEREFORE, BE IT
RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board
hereby waives its requirement under the Town of Queensbury’s Purchasing Policy for two (2) written quotes,
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs engagement of The Chazen
Companies for professional technical services associated with the Thunderbird Drive culvert replacement
project for a sum not to exceed $37,984 in accordance with Chazen’s February 11, 2021 (Second Revision)
Proposal #PM20-201.60 substantially in the form submitted at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes establishment of Thunderbird Drive Culvert
Replacement Capital Project Fund No.: 237 and authorizes and directs the Town Budget Officer to transfer
$37,984 from Town Wide Drainage Project Capital Reserve Fund No.: 66 to fund such Capital Project Fund
No.: 237 and establish appropriations and estimated revenues as follows:
237-0000-55031 Interfund Revenues - $37,984
237-8540-2899 Capital Construction - $37,984
001-9950-9030-0066 Transfer to Capital Project - $37,984
and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 459
RESOLVED, that payment for The Chazen Companies’ services shall be paid from Capital Project
Fund No.: 237, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
Chazen’s February 11, 2021 (Second Revision) Proposal #PM20-201.60 substantially in the form submitted 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 and/or Town
Budget Officer to take any other actions necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the
provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish
and post such notices and take such other actions as may be required by law.
th
Duly adopted this 8 day of March, 2021, by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON BAY RIDGE RESCUE
SQUAD, INC.’S PROPOSAL TO PURCHASE AMBULANCE AND USE
TAX-EXEMPT FINANCING FOR SUCH PURCHASE
RESOLUTION NO.: 91, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, in accordance with New York State Public Health Law Article 30, the Town of
Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) have entered into an Agreement for
general emergency ambulance services within the Town, which Agreement sets forth a number of
terms and conditions, including a condition that the Squad will not purchase or enter into any binding
contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any
improvements that would require the Squad to acquire a loan or mortgage without prior approval of
the Queensbury Town Board, and
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 460
WHEREAS, the Squad has advised the Town Board that it wishes to trade-in its year 2013
Ford E-450 ambulance and purchase a 2021 Ford F-350 4x4 Chassis Ambulance at a purchase
price not to exceed $199,505, and
WHEREAS, the Squad plans on selling the 2013 Ford E-450 ambulance being replaced
and using received funds toward the purchase of the new ambulance, and
WHEREAS, the Ambulance will be owned and used by the Squad to provide general
emergency ambulance services to the Town and maintained at the Squad’s building located at 1109
Ridge Road in the Town of Queensbury, New York, and
WHEREAS, the Squad plans on paying for the proposed, new Ambulance by using:
1. $ 50,000 – approximate cash down payment; and
2. $150,000 maximum amount of tax-exempt financing with the Adirondack Trust
Company; and
WHEREAS, the Town Board wishes to set a public hearing concerning the Squad’s proposed
purchase, as Town Board approval of such proposed purchase is required by the Squad’s Agreement
with the Town, and such proposed tax-exempt financing requires a public hearing under the Internal
Revenue Code,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the
Bay Ridge Rescue Squad Inc.’s proposed Ambulance purchase delineated in the preambles of this
Resolution and the financing of such proposed purchase using tax-exempt financing, on Monday,
th
April 5, 2021 at 7:00 p.m., and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to publish a Notice of Public Hearing in the Post-Star Newspaper once at least fourteen (14) days
prior to the Public Hearing.
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 461
th
Duly adopted this 8 day of March, 2021, by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING 2021 FUNDING TOWARD VILLAGE OF
LAKE GEORGE STUDENT CONNECTION OFFICE
RESOLUTION NO.: 92, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, by prior Resolution, the Queensbury Town Board authorized a Memorandum
of Agreement between the Town and the Village of Lake George concerning Lake George
Village’s creation of the Student Connection Office in Lake George Village to assist students in
employment matters, and appointed Town Councilperson Anthony Metivier to the Student
Connection Board of Directors, and
WHEREAS, the Town Board wishes to authorize $2,000 in funding toward the Student
Connection Office for 2021 contingent upon approval of the J1 Visa Travel and Work Program for
2021,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury hereby authorizes funding in the amount of
$2,000 for 2021 toward Lake George Village’s Student Connection Office to assist students in
employment matters contingent upon approval of the J1 Visa Travel and Work Program for 2021
and authorizes and directs the Town Supervisor to sign any needed Student Connection Agreement
between the Town of Queensbury and Village of Lake George Village in form to be acceptable to
the Town Supervisor and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
expenditure of funds in the amount of up to $2,000 to Lake George Village in 2021 toward the
furnishing and functioning of the Student Connection office, such funds to be from Community
Service Contracts Account No.: 001-8989-4414, and
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 462
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
take any actions needed to effectuate such payment including any Town Budget amendments,
transfers and/or adjustments, and
BE IT FURTHER,
RESOLVED, that the Town Board further affirms its appointment of Councilperson Anthony
Metivier to the Board of Directors of the Student Connection to serve at the direction of the Town
Board, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Councilperson Metivier and/or Town Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
th
Duly adopted this 8 day of March, 2021 by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND LAKE GEORGE PARK COMMISSION
IN CONNECTION WITH BOAT LAUNCH INSPECTION
AND BOAT WASH SYSTEM
RESOLUTION NO.: 93, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Lake George Park Commission (LGPC) implemented a Lake George boat launch
inspection and boat wash program as part of its efforts to inspect and wash boats in an effort to kill and contain
invasive species, and has requested that the Town of Queensbury partner with LGPC and other municipalities
to assist with the procurement and acquisition of essential program equipment and support services and
associated administrative expenses by contributing $32,500 for 2021, and
WHEREAS, by prior Resolution the Town Board provided for the Town’s receipt of occupancy tax
revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development
Agreement (Agreement) entered into between the Town and Warren County, and
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 463
WHEREAS, the Agreement provides that specific expenditure of the funds provided under the
Agreement are subject to further Resolution of the Queensbury Town Board, and
WHEREAS, the Town Board wishes to provide funding in the requested amount of $32,500 for the
year 2021 with occupancy tax revenues received from Warren County, and
WHEREAS, a proposed Agreement between the Town and LGPC has been presented at this meeting,
and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the funding toward
the aforedescribed boat launch inspection and boat wash program and the coinciding Agreement between the
Town and the Lake George Park Commission (LGPC) substantially in the form presented at this meeting, and
authorizes and directs the Town Supervisor to execute the Agreement, with such funding not exceeding the
sum of $32,500 for the year 2021 and to be provided by occupancy tax revenues the Town receives from
Warren County, to be paid for from Account No.: 050-6410-4412, and
BE IT FURTHER,
RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that
unallocated occupancy tax funds are available from Warren County, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes an increase of appropriations in Occupancy Tax
Account No.: 050-6410-4412 and an increase of revenue coded 050-0000-51113 Occupancy Tax by $32,500
in the 2021 Budget, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town
Budget, make any adjustments, budget amendments, transfers, prepare any documentation necessary and/or
take any actions needed to provide for such payment, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Budget
Officer taking such other and further actions necessary to effectuate the terms of this Resolution.
th
Duly adopted this 8 day of March, 2021, by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 464
NOES: None
ABSENT: None
RESOLUTION TO AMEND 2021 TOWN BUDGET
RESOLUTION NO.: 94, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the following Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting practices by the
Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s
Accounting Office to take all action necessary to amend the 2021 Town Budget as follows:
To
Code Appropriation Code Appropriation $
General Fund - Fund 215-3310-2899 Traffic Signal Cap
001-0000-0909 Balance Project 10,000
th
Duly adopted this 8 day of March, 2021 by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS - WARRANT: 03092021
RESOLUTION NO.: 95, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 465
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as
Warrant: 03092021 with a run date of 03/04/2021 and a payment date of 03/09/2021,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented
as Warrant: 03092021 with a run date of 03/04/2021 and a payment date of 03/09/2021 totaling
$1,079,875.31, 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.
th
Duly adopted this 8 day of March, 2021, by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
4.0 CORRESPONDENCE-NONE
5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES)
DENNIS PHILLIPS- Explained that he is with a number of people who are all concerned about a
water situation. Introduced Noel Harding who will be speaking on behalf of the group.
NOEL HARDING- Addressed the Board to request immediate steps be taken to bring Town
water to the area of Jenkinsville Road, Mud Pond and Azure Drive after they learned of the well
water contamination.
PAT MITCHELL- Also spoke regarding well water contamination.
COUNCILMAN FREER- Advised residents to reach out to Senator, Dan Stec on the issue.
SUPERVISOR STROUGH- Explained that he will reach out to DEC on this issue and report
back to Board Members.
COUNCILMAN METIVIER- Asked those who are in attendance concerning this issue to send
an email to him with their contact information.
REGULAR TOWN BOARD MEETING, 03-08-2021, MTG #9 466
PETER DARRAH- Concerned resident also speaking regarding the well water contamination
issue. Asked Supervisor Strough to name the three landfills in that area.
SUPERVISOR STROUGH- The three landfills: Queensbury Landfill, McLaughlin Construction
Debris Landfill and the Ciba BASF Landfill. DEC is currently doing research on this.
STEVE THURSTON- Interested in the issue. Submitted phone number and email address.
KALY CARL- Also interested in the issue. Left her email address.
SUPERVISOR STROUGH- Instructed interested individuals to email Councilman Metivier with
contact information so he may provide updates as they become available.
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN FERONE (WARD III)- Spoke regarding Chestnut Ridge Road
traffic/pedestrian issues.
COUNCILMAN METIVIER (WARD I)- Concerned about the well water contamination
issue.
COUNCILMAN MCNULTY (WARD IV)- Spoke regarding COVID Federal Funding.
COUNCILMAN FREER (WARD II)-Spoke concerning the Climate smart Committee.
SUPERVISOR STROUGH-
Expanded on Councilman Freer’s comments on the Climate Smart Committee.
Thanked all who attended this meeting.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 96, 2021
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its
Regular Town Board Meeting.
Duly adopted this 8th day of March 2021, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: None
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY
MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I