10-03-2022 MTG #29 Regular Town Board Meeting, 10-03-2022, MTG#29 1
REGULAR TOWN BOARD MEETING MTG#29
October 3, 2022 RES. #365-374
7:00 P.M. BOH #78-80
LL # 11
TOWN BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN GEORGE FERONE
COUNCILMAN TIMOTHY MCNULTY
TOWN COUNSEL
MARK SCHACHNER, ESQ.
PRESS
Look TV
SUPERVISOR STROUGH called meeting to order...
PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON ANTHONY METIVIER
1.0 BOARD OF HEALTH
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 365, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and enters into the Queensbury Board of Health.
Duly adopted this 3rd day of October, 2022, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: None
1.1 Continuation of Public Hearing - Sewage Disposal Variance Application of Gordon
Dineen
PUBLICATION DATE: SEPTEMBER 16, 2022
SUPERVISOR STROUGH-Okay,please introduce yourself for the sake of the record and let me give
a quick overview. Gordon Dineen, 51 Fitzgerald Road wishes to install a holding tank system
consisting of two 1,250 gallon capacity pre-cast concrete holding tanks for a total capacity of 2,500
gallons in lieu of the required total capacity of 3,500 gallons and is seeking the following additional
Regular Town Board Meeting, 10-03-2022, MTG#29 2
variances: 1., five foot from the east property line instead of the required 10 foot setback;2., four foot
from the north property line instead of the required 10 foot setback; 3., 20 foot from the neighboring
well instead of the 50 foot setback; 4., two foot five inches between the sewer force main and the
south property line instead of the required 10 foot setback; and fifth and last variance, eight foot from
the owner's well instead of the required 50 foot setback. And I want to remind the public this isn't a
filtration bed, these are holding tanks. So, would like to elaborate? Introduce yourself and then
elaborate further if you would.
TOM CENTER-Good evening, Tom Center with Hutchins Engineering. Based on the public
comment from the last meeting and the neighbor, Mrs. Petroski and Dr. Petroski, we basically
switched the variances from the south side,the variance from the south side to the north side and went
20 feet from her well and four feet from the north property line, still 10 feet from the northwest corner
and 10 feet, the new amount will be 10 feet from the south property line and no other changes are
there, just the one from the well and the north property line. I did forward these changes to Mrs.
Petroski, we spoke over the phone, she couldn't be here tonight, they are out of Town but she didn't
take issue to any of the changes that we had when we last spoke.
SUPERVISOR STROUGH-There is a public hearing and it's open and we left it open. Any Town
Board questions before I ask the public if they have any further thoughts they wish to share about this
application.
COUNCILMAN METIVIER-No.
COUNCILMAN FERONE-No.
SUPERVISOR STROUGH-Is there anybody present that would, has any thoughts about his
application? Okay, and I see nobody online.
COUNCILMAN MCNULTY-No.
SUPERVISOR STROUGH-And thank you for confirming Tim. Okay, I'll close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING GORDON DINEEN'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 78,2022
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Gordon Dineen (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 a holding tank system as the Applicant wishes to install a
holding tank system consisting of two (2) 1,250 gallon capacity precast concrete holding tanks for a
total capacity of 2,500 gallons in lieu of the required total capacity of 3,500 gallons, and
WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to
allow placement of the holding tank system:
Regular Town Board Meeting, 10-03-2022, MTG#29 3
1. 5' from the east property line instead of the required 10' setback;
2. 4' from the north property line instead of the required 10' setback;
3. 20' from the neighboring well instead of the required 50' setback;
4. 2'5"between the sewer force main and the south property line instead of the required
10' setback; and
5. 8' from the owner's well instead of the required 50' setback;
on property located at 51 Fitzgerald Road in the Town of Queensbury, and
WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's
official newspaper and the Local Board of Health duly conducted public hearings concerning the
variance requests on September 26d'and October 3rd 2022, and
WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED,that
1. due to the nature of the variances,the Local Board of Health determines that the variances
would not be materially detrimental to the purposes and objectives of this Ordinance
or other adjoining properties nor otherwise conflict with the purpose and objectives of
any Town plan or policy; and
2. the Local Board of Health finds that the granting of the variances is necessary for the
reasonable use of the land and are the minimum variances which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
Applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Gordon
Dineen for variances from the Sewage Disposal Ordinance to allow installation of a holding tank
system consisting of two (2) 1,250 gallon capacity precast concrete holding tanks for a total capacity
of 2,500 gallons in lieu of the required total capacity of 3,500 gallons and allow placement of the
holding tank system:
1. 5' from the east property line instead of the required 10' setback;
2. 4' from the north property line instead of the required 10' setback;
3. 20' from the neighboring well instead of the required 50' setback;
4. 2'5"between the sewer force main and the south property line instead of the required
Regular Town Board Meeting, 10-03-2022, MTG#29 4
10' setback; and
5. 8' from the owner's well instead of the required 50' setback;
on property located at 51 Fitzgerald Road in the Town of Queensbury, and bearing Tax Map No:
289.14-1-2.
Duly adopted this 3rd day of October, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF BENJAMIN SMITH
RESOLUTION NO.: BOH 79,2022
INTRODUCED BY: Mr.Anthony Metivier
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, Benjamin Smith (Applicant) have applied to the Local Board of Health for
variances from Chapter 136 to install a replacement septic system with the leaching system to be
located:
1. 1' from the rear property line in lieu of the required 10' setback; and
2. 2' from the side property line in lieu of the required 10' setback;
on property located at 8 Colonial Court in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED,that the Town of Queensbury's Local Board of Health will hold apublic hearing
on Monday, October 17d', 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury,to consider Benjamin Smith's sewage disposal variance application concerning property
located at 8 Colonial Court, Queensbury (Tax Map No.: 301.12-2-6) and at that time all interested
persons will be heard, and
BE IT FURTHER,
Regular Town Board Meeting, 10-03-2022, MTG#29 5
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500' of the applicant's property as required by law.
Duly adopted this 3rd day of October, 2022, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 80,2022
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular
Session of the Town Board of the Town of Queensbury.
Duly adopted this 3rd day of October, 2022, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: None
2.0 PUBLIC HEARING
2.1 Public Hearing — Proposed Local Law No.: _ of 2022 Authorizing a Property Tax
Levy in Excess of Limit Established in General Municipal Law §3-C
PUBLICATION DATE: September 26, 2022
SUPERVISOR STROUGH gave background on the issues of Emergency Services and reviewed
the proposed local law.
PUBLIC HEARING OPENED
CONNIE TUCKER-I am Connie Tucker, President of the Bay Ridge Rescue Squad and also
working with North Queensbury Emergency Squad with the consolidation of the two agencies
which is going forward I am happy to announce.
SANDY MAHONEY-I'm Sandy Mahoney, the President of West Glens Falls Emergency
Squad.
SUPERVISOR STROUGH-Well thank you Connie and thank you Sandy. So, how long have we
been talking about your needs for more paid service and doing other things for paid service such
as increasing their hourly rate and offering some benefits? How long have we been talking
about this?
Regular Town Board Meeting, 10-03-2022, MTG#29 6
MS. TUCKER-For a very long time, at least the last five years as we've been watching the
evolution of EMS and the needs of the community and the ever changing rules that we've had to
encounter. When I first became an EMS provider in the late 70's with Bay Ridge it was
basically part of the Fire Department and it was, you called the Fire Department hotline and you
had an ambulance come to your house with maybe an EMT but primarily just first responders.
Now today when you call 911, you get a professional organization show up at your house and
they give you the exact service that you really need to have. If you need an advanced life
support person there, they are there. Between the two agencies and North Queensbury, we're
covering close to 4,000 calls a year. I'd say that's pretty close right?
MS. MAHONEY-We're at 2500 right now.
MS. TUCKER-And I'm not sure what our figures are but it's an enormous amount of time and
energy that it has taken for us to be able to respond. Then COVID hit and when COVID hit, this
has put an even larger strain on Emergency Services because not only how are we transporting
and caring for individuals that are COVID positive, it's also put a huge risk on our providers and
some of our providers have actually been very sick. Despite the fact that 99 percent of them
have been vaccinated and boosted and double boosted,take all of the appropriate precautions.
The cost of supplies, insurance, medical supplies we've seen probably a 60 to 70 percent
increase since COVID and we've all had to adjust our budgets in order to be able to supply the
public with the supplies that they're going to need. We pay maintenance costs for our
equipment. Our equipment, our monitors run close to 17, 18, 20,000 dollars and if you're having
a heart attack, you certainly want to be able to have a monitor and an electro cardiogram. The
price of a band aid, that used to be 25 cents, it's probably somewhere around two dollars and
fifty cents. So and you all have probably noticed that as you go to the market and buy a box of
band aids the amount of money you're paying today. So think of what when we have to buy
large quantities for items.
SUPERVISOR STROUGH-Sandy, if you would pull the mic please.
MS. MAHONEY-I don't think I've ever been told I don't have a big enough mouth. So part of
this is also the amount of hours people have to put in. For a basic EMT it's at 150 to 180 hours
of course time and then there's time in the ambulance and you have to become acclimated to the
rig that you are riding on and treating patients to feel comfortable. In a paramedic course,
because they've now decided that they're going to wean out the level three critical care tech
eventually out of New York State,that's an additional cost that's going to be raised to each
agency to get those critical care techs up to the paramedic level or we're going to lose them and
they're going to go back to a basic EMT which is going to hurt every community. In a
paramedic's course, you can either take the two year course at a college or it's 1200 to 1500
hours in a course and we just paid close to six thousand for somebody to take the course, one
person. So when I joined the squad, I am in my 33rd year at West Glens Falls and it was free and
they had all these free courses. So the education costs, you are getting professionals and you are
getting people who are putting in a lot of time and effort. I think that's a big piece of it and like
Connie said, the cost of equipment, the cost of insurance because we have a lot of insurance
because of what we do and we have to be protected. The COVID has definitely hit us. Patients
are still out there and we still have to get there and so we do the best that we can and that's why
we're here.
SUPERVISOR STROUGH-So we need ALS and BLS. Alright so ALS, those are the
individuals that have to get the extreme training. Those are the ones, the ALS, if you're having a
heart attack, you want an ALS sent.
MS. TUCKER-Well yes.
SUPERVISOR STROUGH-Well I'm trying to tell the public and their training costs more and
then you want support so you need a BLS who will often act as the driver and there's basic life
support and that requires a lot of training too. You just can't jump in to being a squad volunteer
and start answering calls, you need to have the training. And the thing about it is, as you were
talking about the training and the expense of the training, that in today's healthcare world, these
people with this much training become very marketable. So how do we keep them? We have to
address that.
Regular Town Board Meeting, 10-03-2022, MTG#29 7
MS. TUCKER-I would like to add to that if you don't mind. You have to address the fact that
you have people, professionals and volunteers, some of these volunteers like myself, I'm a
volunteer, I am not a paid paramedic, I am volunteer paramedic. I had to pay for training many,
many years ago, I've been around here going on 45 years doing volunteer EMS in the Town of
Queensbury. This not my profession. My profession was as a professional Registered Nurse. I
was an Emergency Department nurse and in that case I got sick time, vacation time, I got time
off. I had access to mental health resources should I need them from, these people go through
post-traumatic stress. You know the public, they call 911, they want an ambulance there and we
want to be there for them and we want our providers to be there for them but if we don't start
paying attention to what their needs are, they're working two,three different agencies in order to
make a paycheck that's going to supply for a week or for a month. And our volunteers, they're
working two jobs and they're still trying to give us the hours needed. And some of our
volunteers put in a lot of hours just to make sure that everything runs right. So, we do need the
paid providers and those paid providers need the benefits. They need to have services that are
available to them should they get into a situation where it's just a little too much for them, too
much stress. This is not a profession that, you know, it's not like working in an office
someplace, you're out there 24/7 in the cold, in the rain, in the wind, in the snow, in the ice.
You're out in the middle of the lake in a boat trying to do a boat rescue, helping to keep the Fire
Department safe, firefighters safe in a fire, to make sure that they get rehab. You know these are
all things, the public doesn't really know the backside of what we do and you know, we'd love to
have more community help out there but people just don't have the time to volunteer. The cost
of living is too high for them, they just can't do it as much as they'd like to do.
SUPERVISOR STROUGH-So thank you. Years and years of unpaid volunteer service just
because you want to do something for the community and we really appreciate that, deeply
appreciate that. I don't know what we would have done without. But the world has gone more
complex, we've gone beyond volunteering and heroism. So if we didn't all chip in and figure
out what we needed to do and we knew it was going to be expensive. Tim last year was upset
that we didn't address the expense last year. We all knew this was coming and it does help, and
I'm not saying we fixed all of the problems yet because we haven't yet. But are we in better
shape going into next year than we would have been if we did nothing? Yes, I would hate to see
if we just simply did nothing. Not just good enough.
MS. TUCKER-And I think if the average tax payer takes a look at their tax bill and sees how
little per thousand dollars assessed value they pay EMS services, I think that they'd be shocked
to realize that yeah, I want to call 911, I want to make sure I have an ambulance there.
SUPERVISOR STROUGH-Well you compare it to any of the other services in Town and if you
have a medical condition, you're going to be there to help them and thankfully for that but it's
going to cost a little bit more. While we have the experts, anything from the Town Board before
I open it to the public at large?
COUNCILMAN FREER-Sandy, can you remind me when you guys added the second days, that
was in the middle of last year, right?
COUNCILMAN FERONE-It was this year.
COUNCILMAN MCNULTY-No, it was this year.
MS. MAHONEY-It's been this year.
COUNCILMAN FREER-It was early this year then?
MS. MAHONEY-Yes.
COUNCILMAN FREER-Okay and so that's an additional capability that we agreed that we
needed, right?
MS. MAHONEY-We added a 10 hour shift of two people.
Regular Town Board Meeting, 10-03-2022, MTG#29 8
COUNCILMAN FREER-Right so we actually were paying that out of this year's budget as well
and so we are trying to fix the problem, I guess is my point.
MS. MAHONEY-And it has helped a lot.
COUNCILMAN FREER-And it helped a lot, okay, thank you. I just wanted to reconfirm in my
mind. Thank you.
COUNCILMAN MCNULTY-John, if I might. I appreciate your comment on my concerns last
year but I have to acknowledge that your work and George's working with Connie and Sandy
and North Q, this was a negotiation, this is not everything that they wanted. It's not everything
that the Town residents need for their EMS Services. But it was delivered, reviewed and you
actually accomplished with George and your staff and the companies to get to this so. Yes, I
appreciate it. We wanted more last year, the budget didn't support it so we went into this year
with eyes open. We did move some money from the fund balance to cover the ten hours this
year. But it's going forward and it's what the public needs. I wish we could quantify the amount
of mutual aid that's not going to Glens Falls now or the amount of insurance that we are
recovering that we weren't before but that's a system that doesn't really exist yet. But once we
get to that and we can even show that, show our residents that this makes sense economically as
well. So,thanks for all of your hard work.
MS. TUCKER-That is data that we can get.
MS. MAHONEY-We should be able to do that.
MS. TUCKER-We should be able to get that data, I think that's...
COUNCILMAN FERONE-I think you need time to put the metrics together because you've
only been what six months since you've added the second squad during the day and at the same
time, you've been in the process of doing your merger and work with North Q.
MS. TUCKER-We're working with North Queensbury to cover that area up there and I think it's
been extremely successful and also you know at times, we've had to bring the North Queensbury
folks down into the Town to help out. That's kind of striped their area a little bit but they do
have a great Fire Department up there who also first responds and helps out up there as well. So,
the issue with coverage in the Town, we still don't have enough ambulances and personnel to
cover the amount of calls that we're doing. We're getting, they're getting two calls and then
we're coming in on the third and fourth call and sometime there's a fifth call all at the same time
and when you dial 911, you want that ambulance to your house. You don't want to wait 25
minutes for an ambulance. You want that ambulance now. You want to see that ambulance at
your door within five or six minutes. That's our goal. We try to get every single call handled
and at the door within a specific timeframe, depending on, of course if we're coming to the west
end from Bay Ridge, it's going to take a little bit longer to get there. But you know, there's an
ambulance in route and there's care being given before it gets there.
COUNCILMAN FREER-Well let's work on the metrics so that we can all communicate it
better.
COUNCILMAN MCNULTY-But at peak time now don't we have five crews? There's time
when you each have two and North Q has a crew and at last year at this time, there was two and
a half perhaps. So, we doubled their response, the capability within a budget to provide that
much better service for residents. So that's a success story. We've got to raise the cap, that's
because of the State but it's a success story of what we've done.
MS. TUCKER-I just want the residents to know, I mean I am a taxpayer in the Town of
Queensbury and you know, it hurts me every year when we want to raise taxes on something.
But I will tell you what, when I dial 911, I want an ambulance and if it's going to cost me 25
cents per thousand dollars assessed or a dollar fifty cents per thousand dollars assessed value to
get an ambulance to my house, then damn it I want to pay that. I don't have a, and I don't think
that there's anybody in the Town of Queensbury that is going to have an issue or a major issue
with paying a little bit more on their taxes for EMS services.
Regular Town Board Meeting, 10-03-2022, MTG#29 9
SUPERVISOR STROUGH-What's a life worth?
MS. TUCKER-Exactly, you can't put a price on your life. You want an ambulance, you're
going to get an ambulance. That's our goal.
COUNCILMAN MCNULTY-Well thank you both.
SUPERVISOR STROUGH-Well, and we have spent hours and hours and hours and hours
together and so I want to thank Connie and Sandy and some of the other EMS folks that are here
too, thank you very much for all you do for us.
TODD MAHONEY-Can I say something John?
SUPERVISOR STROUGH-Yes, if you...
MS. TUCKER-You have to come up Todd.
SUPERVISOR STROUGH-Yes, I am going to open the public hearing. It is open, I mean but I
am going to open it up to the other folks in the public that might want to speak to this. Introduce
yourself Todd for the sake of the record.
MR. MAHONEY-My name is Todd Mahoney, I live up in Cleverdale. I am the President of
North Queensbury Fire Department and I am working on a transition team with Connie to merge
the two departments together. We're already seeing the impact of it. In September, we were off
the floor in an average of a minute and a half. That's, when you have it run by volunteers all of
the time, you can't do that. So, you're already seeing it plus our calls are up, in the four months
that they have taken over management, by 60 percent. That's a good thing too. So, we're
already feeling it. Working with Bay Ridge has been a pleasure. Shane and Connie have been
true to everything they've said they wanted to do. We're voting on it, we're moving ahead and
it's a good thing. We started this because she and I believed the more consolidation we do in
Town with the squads, the better we're going to be. But our first step is to get our act together to
make sure it works well. So that's where we are with it and thanks for opening it up, it had to
happen.
SUPERVISOR STROUGH-Your progressiveness, your initiative, your let's get this going kind
of approach has helped a lot.
MR. MAHONEY-It had to happen. It had to happen. It's just not,that ... that you read, we live
that every day. It's not as bad in Fire but in Rescue. Rescue's been, it's, I am learning a lot. I
was an EMT but only for about five years and I couldn't keep up both Fire and EMT. But
they're a step child in this State,they're not well supported all of the way around but they're the
definition of essential service. You've got to have it. So, so far it's been a great experience and
thanks for the support of the Town.
SUPERVISOR STROUGH-Well thank you Todd. Alright, any member of the public wish to
speak to this, it's a proposed local law authorizing a property tax levy in excess of the limit
established by the General Municipal Law which is two percent. Okay, anybody here? I don't
see anybody attending via Zoom.
COUNCILMAN FERONE-There's nobody online.
SUPERVISOR STROUGH-Any other thoughts from Town Board? I'll close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION ADOPTING LOCAL LAW NO.: 11 OF 2022
AUTHORIZING A PROPERTY TAX LEVY IN EXCESS OF LIMIT
ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C
Regular Town Board Meeting, 10-03-2022, MTG#29 10
RESOLUTION NO.: 366,2022
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, the Queensbury Town Board wishes to consider a Local Law allowing the
Town to adopt a budget for the fiscal year commencing 2023 that requires a real property tax levy
in excess of the "tax levy limit" as defined by New York State General Municipal Law §3-c, and
WHEREAS, such proposed Local Law No.: 11 of 2022 has been prepared and is presented
at this meeting, and
WHEREAS, in accordance with New York State Municipal Home Rule Law §20, the
Town Board scheduled and duly held a Public Hearing on October 3rd, 2022 and heard all
interested persons regarding such Local Law,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby adopts Local Law No.: 11 of 2022
allowing the Town to adopt a budget for the fiscal year commencing 2023 that requires a real
property tax levy in excess of the"tax levy limit"as defined by New York State General Municipal
Law §3-c, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file
such Local Law with the New York Department of State, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Clerk and/or Town Budget Officer to execute any required documents and take any actions
necessary to effectuate all terms of this Resolution.
Duly adopted this 3rd day of October, 2022, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
Regular Town Board Meeting, 10-03-2022, MTG#29 11
LOCAL LAW NO.: 11 OF 2022
A LOCAL LAW AUTHORIZING A PROPERTY TAX LEVY IN EXCESS OF
LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C
BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS.
Section 1. Legislative Intent—It is the intent of this Local Law to allow the Town of Queensbury
to adopt a budget for the fiscal year commencing 2023 that requires a real property tax levy in
excess of the "tax levy limit" as defined by General Municipal Law § 3-c.
Section 2. Authority-This Local Law is adopted pursuant to subdivision 5 of General Municipal
Law §3-c, which expressly authorizes a local government's governing body to override the
property tax cap for the coming fiscal year by the adoption of a Local Law approved by a vote of
sixty percent(60%) of said governing body.
Section 3. Tax Levy Limit Override—The Town Board of the Town of Queensbury, County of
Warren, is hereby authorized to adopt a budget for the fiscal year commencing 2023 that requires
a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law
§3-c.
Section 4. Severability—If a Court determines that any clause, sentence,paragraph, subdivision,
or part of this Local Law or the application thereof to any person, firm or corporation, or
circumstance is invalid or unconstitutional, the Court's Order or Judgment shall not affect, impair,
or invalidate the remainder of this Local Law, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, or part of this Local Law or in its application to the person,
individual, firm or corporation or circumstance, directly involved in the controversy in which such
judgment or order shall be rendered.
Section 6. Effective Date—This Local Law shall take effect upon filing by the Office of the New
York Secretary of State.
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT-3 MINUTES)-
NO PUBLIC COMMENT
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING AMENDMENT OF TOWN WATER
DEPARTMENT WATER RATE SCHEDULE
RESOLUTION NO.: 367,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
Regular Town Board Meeting, 10-03-2022, MTG#29 12
SECONDED BY: Mr. Timothy McNulty
WHEREAS, by Resolution No.: 362, 2012,the Queensbury Town Board enacted Local Law
No.: 5 of 2012 to amend Town Code §173-17 and §173-27 to adopt the Town of Queensbury Water
District Schedule of Water Rates and Water Service Fees, which Local Law also provides that the
Town Board may amend its water use rates and fees from time to time by Town Board Resolution as
provided under Town Law §198(3)(d), and
WHEREAS,the Town Water Department's current Schedule of Water Rates is as follows:
Water Rates
Amount of Water Used Rate
0 up to 8,000 Gallons $35
8,001 Gallons to 3.25 Million Gallons $2.30/1,000 gallons
Over 3.25 Million Gallons $.90/1,000 gallons
Quarterly Flat Fee $145
Note: The above schedule is for billing on a quarterly basis
and
WHEREAS,the Town Water Superintendent has recommended that the Town Board amend
the Water Department's Schedule of Water Rates to raise the charges effective for usage
commencing January 1, 2023 and appearing on the May, 2023 water bills, and
WHEREAS, the Town Board has considered such recommendation,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes and directs amendment of
the Water Department's Schedule of Water Rates,with such new Water Rates to be as follows:
Water Rates
Amount of Water Used Rate
0 up to 8,000 Gallons $35
8,001 Gallons to 3.25 Million Gallons $2.40/1,000 gallons
Over 3.25 Million Gallons $.95/1,000 gallons
Quarterly Flat Fee $145
Note: The above schedule is for billing on a quarterly basis
Regular Town Board Meeting, 10-03-2022, MTG#29 13
and
BE IT FURTHER,
RESOLVED, that such new Water Rates shall take effect commencing January 1, 2023 and
appearing on the May, 2023 water bills, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Water
Superintendent and/or Town Budget Officer to take such other and further actions as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 3rd day of October, 2022 by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT: None
RESOLUTION AUTHORIZING PROMOTION OF DEVIN STOCKMAN
FROM WATER MAINTENANCE WORKER II TO WATER
MAINTENANCE WORKER I AT TOWN WATER TREATMENT PLANT
RESOLUTION NO.: 368,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, the Town of Queensbury's Water Superintendent/Wastewater Director has
recommended that the Town Board authorize the promotion of Devin Stockman from Water
Maintenance Worker 11 to Water Maintenance Worker I at the Town's Water Treatment Plant as Mr.
Stockman has passed the Departmental verbal exam for the position and has the required job
experience, and
WHEREAS,the Town Board wishes to authorize the requested promotion,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion
of Devin Stockman from Water Maintenance Worker 11 to Water Maintenance Worker I at the
Town's Water Treatment Plant effective on or about October 4 h, 2022 at the rate of pay specified in
the Town's CSEA Union Agreement for the position, and
Regular Town Board Meeting, 10-03-2022, MTG#29 14
BE IT FURTHER,
RESOLVED, that in accordance with the Town's Agreement with CSEA, such promotion
shall be subject to a 90 day trial (probationary) period and any other applicable Civil Service
requirements, and
BE IT FURTHER,
RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water
Superintendent/Wastewater Director and/or Town Budget Officer to complete any forms and take
any action necessary to effectuate the terms of this Resolution.
Duly adopted this 3rd day of October, 2022 by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT: None
RESOLUTION ADOPTING NEW TAPPING SCHEDULE FOR
TOWN WATER DEPARTMENT
RESOLUTION NO.: 369,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, the Town of Queensbury previously established tapping fees to cover the cost
of Town ownership and installation of water services and meters installed for residents and businesses
receiving Town water service and wishes to establish fees for the recovery of costs associated with
replacing frozen meters, and
WHEREAS, by Resolution No.: 375, 2020 the Town Board adopted a new tapping fee
schedule, and
WHEREAS,the Town Water Superintendent has recommended that the Town Board amend
the tapping fee schedule, and
WHEREAS,the Town Board has considered such recommendation,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes and directs adoption of the
Regular Town Board Meeting, 10-03-2022, MTG#29 15
Water Department's new tapping fee schedule as follows:
Tap Size Present Fee With Proposed Fee With Present Meter Proposed Meter
Meter Meter Charge Charge
3/4" short $1550 $2150 $400 $475
3/4" long $2450 $2750 $400 $475
3/4"open cut long $3450 $4000
1" short $2000 $2700 $600 $900
I" long $2650 $3300 $600 $900
I"open cut long $3650 $4500
1 '/z"short $2750 $3250 $805 $1000
1 '/z" long $3950 $4000 $805 $1000
1 '/z"open cut long $4950 $5000
2" short $3500 $4250 $1050 $1200
2" long $4700 $5000 $1050 $1200
2"open cut long $5700 $6000
[The above fees do not include any rock excavation, services that extend more than 60' or for rental of
dewatering equipment. The cost for any such excavation,additional piping,and/or dewatering equipment will
be added to the applicable fee. Fees for Installations in State and County Rights of Ways or other High Traffic
Zones are assessed on a case by case basis.]
and
BE IT FURTHER,
RESOLVED,that this new tapping fee schedule shall take effect January 1st, 2023, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Water
Superintendent and/or Town Budget Officer to take such other and further action as may be necessary
to effectuate the terms of this Resolution.
Duly adopted this 3rd day of October, 2022 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: 10042022
RESOLUTION NO.: 370, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as
Warrant: 10042022 with a run date of 09/29/2022 and a payment date of 10/04/2022,
Regular Town Board Meeting, 10-03-2022, MTG#29 16
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented
as Warrant: 10042022 with a run date of 09/29/2022 and a payment date of 10/04/2022 totaling
$878,434.16, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or
Town Budget Officer to take such other and further action as may be necessary to effectuate the terms
of this Resolution.
Duly adopted this 3rd day of October, 2022, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO.: OF 2022 TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBURY TOWN CODE AMENDING ZONING MAP TO
DESIGNATE TAX MAP PARCEL NO.: 308.15-1-58 AS INCLUDED
IN THE MOBILE HOME OVERLAY DISTRICT
RESOLUTION NO.: 371, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Dan Hunt submitted a Petition for Change of Zone application to the
Queensbury Town Clerk's Office on or about July 5,2022 requesting designation of a parcel identified
as Tax Map No.: 308.15-1-58 as included in the Mobile Home Overlay District, and
WHEREAS, by the same submittal, Dan Hunt has also applied for Planning Board Site Plan
approval of proposed changes to the existing mobile home park at this property known as Groom's
Trailer Court, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2022
to amend Chapter 179 "Zoning" of Queensbury Town Code to designate Tax Map Parcel No.:
308.15-5-58 as included in the Mobile Home Overlay District, and
Regular Town Board Meeting, 10-03-2022, MTG#29 17
WHEREAS,the Town Board,by Resolution No.: 282, 2022,referred the application to the
Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning
changes in accordance with §179-15-040 of the Town Zoning Ordinance, and
WHEREAS, at their meeting of September 27, 2022,the Planning Board accepted SEQRA
Lead Agency status and issued a Negative Declaration, and
WHEREAS, at the same meeting, the Planning Board also issued a favorable
recommendation on the proposed zoning change, and
WHEREAS, the Town Board, by Resolution No.: 282, 2022, also referred the application
to the Warren County Planning Department for NYS GML §239-m review, and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public
hearing prior to the adoption of any Local Law,
NOW, THEREFORE, BE IT
RESOLVED,that the Town Board shall meet and hold a Public Hearing at the Queensbury
Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, October 17h, 2022 to hear
all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment
of"Local Law No.: of 2022 A Local Law To Amend Chapter 179 `Zoning' of Queensbury
Town Code Amending Zoning Map To Designate Tax Map Parcel No.: 308.15-1-58 As Included
In The Mobile Home Overlay District,"and
BE IT FURTHER,
RESOLVED,that the Town Board hereby authorizes and directs the Town Clerk to provide
the public with at least 10 days prior notice of the Public Hearing by causing a Notice of Public
Hearing to be timely published in the Town's official newspaper and by posting the Notice of
Public Hearing on the Town's web site and bulletin board at least 10 days before the date of the
Public Hearing, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send
copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if
required, to any public officials, agencies or municipalities, in accordance with any applicable
State Laws or Town Code provisions, and
BE IT FURTHER,
Regular Town Board Meeting, 10-03-2022, MTG#29 18
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make
a copy of the proposed zoning revisions (including a proposed revision to the Town's Zoning Map
associated with the Zoning Code) available for public inspection during regular business hours of
the Clerk's office, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town Counsel
to take such other actions and give such other notice as may be necessary in preparation for the
Town Board to lawfully adopt proposed Local Law No.: of 2022.
Duly adopted this 3rd day of October, 2022, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO.: _ OF 2022 TO AMEND CHAPTER 137 OF QUEENSBURY
TOWN CODE ENTITLED "SEPTIC SYSTEMS" TO ADD ARTICLE II
"NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT NO. 1"
RESOLUTION NO.: 372, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, by Resolution No.: 407, 2014, the Queensbury Town Board created the North
Queensbury Wastewater Disposal District No. 1 pursuant to New York State Town Law Section 190-
e for the purpose of administration and planning, design, installation, construction, rehabilitation,
replacement, operation and maintenance, monitoring, residual treatment and disposal and regulation
of private on-site wastewater disposal systems of such district, and
WHEREAS, the Town Board wishes to consider further specifying and codifying the
requirements applicable within the Disposal District by adoption of Local Law No.: of 2022 which,
if adopted would amend Queensbury Town Code Chapter 137 by adding Article 11 "North
Queensbury Wastewater Disposal District No. 1", and
WHEREAS,the Town Board conducted a public hearing on the proposed Local Law during
its meeting of August 8, 2022, and
Regular Town Board Meeting, 10-03-2022, MTG#29 19
WHEREAS, substantive changes were then made to the proposed Local Law necessitating an
additional public hearing, and
WHEREAS, the revised Local Law has since been delivered to the Town Clerk and is
available for public review, 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
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, October 17d',
2022 to hear all interested persons and take any necessary action provided by law concerning
proposed Local Law No.: of 2022, 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 2022 in
the manner provided by law.
Duly adopted this 3rd day of October, 2022, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT : None
RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE
ASSOCIATES FOR PREPARATION OF MAP, PLAN AND REPORT
RESOLUTION NO.:373,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, by Resolution No.: 104, 2021, the Queensbury Town Board authorized
engagement of C. T. Male Associates (C. T. Male) for professional environmental engineering
Regular Town Board Meeting, 10-03-2022, MTG#29 20
services (Services) to assist the Town with the review and summary of groundwater testing that the
New York State Department of Environmental Conservation (NYSDEC) has performed on
monitoring wells and private wells in the Town as part of New York State's Inactive Landfill
Initiative, and
WHEREAS, by Resolution No.: No.: 267, 2021, the Town Board authorized C. T. Male's
Technical Services Change Order No. 01 to continue its provision of such Services through 2023 on
an as-needed basis and by Resolution No.: 153, 2022 authorized C. T. Male to continue providing
advisory services on an as-needed basis as the NYSDEC progresses with its site characterization
including monitoring and evaluating the site characterization's findings, and
WHEREAS, the Town Board wishes to again engage the services of C. T. Male for the
preparation of a Map, Plan and Report for the possible creation of a new water district serving the
Jenkinsville Area for the lump sum fee of$15,900 as set forth in C. T. Male's September 29, 2022
letter proposal substantially in the form presented at this meeting,
NOW THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of C. T.
Male Associates for the preparation of a Map, Plan and Report for the possible creation of a new
water district serving the Jenkinsville Area for the lump sum fee of$15,900 as set forth in C. T.Male's
September 29, 2022 letter proposal substantially in the form presented at this meeting,to be paid for
from Engineering Account No.: 00 1-1440-4720-009, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any needed Agreement and/or any other needed documentation, and
BE IT FURTHER,
RESOLVED, further authorizes and directs the Town Supervisor and/or Town Budget
Officer to take any 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 shall not take effect until such time as provided therein,
and the Town Board authorizes and directs the Town Clerk to publish and post such notices and
take such other actions as may be required by law for Resolutions subject to permissive
referendum.
Regular Town Board Meeting, 10-03-2022, MTG#29 21
Duly adopted this 3rd day of October, 2022, by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
5.0 CORRESPONDENCE
TOWN CLERK CAROLINE BARBER-Correspondence received from Ron Davies thanking the
Town for the Beautification Recognition Award. On file in the Town Clerk's Office.
6.0 PRIVILEGE OF FLOOR(LIMIT—4 MINUTES)
NO PUBLIC COMMENT
7.0 TOWN BOARD DISCUSSIONS
COUNCILMAN MCNULTY(WARD IV)
• Referred to 27 Indiana Avenue where due to afire,the house was condemned and the residents
were living on site in an RV which had no water or sewer. The Judge hearing the case has
given preliminary ruling that the residents can no longer reside on parcel.
COUNCILMAN FERONE(WARD II1)—Nothing to Report
COUNCILMAN FREER(WARD II)
• Beware,there are lots of deer out there and travel safely.
• Announced that there were over one hundred young eagle kids that had flown at the airport
this past Saturday, it was a big success and everyone had fun.
• Congratulated the Glens Falls Rotary Club who celebrated their 100d' year Anniversary at
Glens Falls City Park this past Saturday.
COUNCILMAN METIVIER(WARD 1)—Nothing to Report
SUPERVISOR STROUGH
• Recognized and thanked Nancy Nicholson and the Nicholson Family for their donation of the
Nicholson Preserve, a trail system located off Luzerne Road owned and maintained by the
Queensbury Land Conservancy. Thanked National Grid volunteers for assisting in the trail
clearing of the Nicholson Preserve. Also thanked Leon Steves, Jim Underwood and Sandy
Allen for their presence and accolades.
• Recognized the Queensbury Parks and Recreation Department for all the services they offer
to the residents and the community. Announced the recent brochure, `Enjoy Autumn' listing
all of the trails.
• Recognized the Queensbury Seniors and the wonderful activities offered including day and
weekend trips.
• Announced the Troop Support Group being held at the Queensbury VFW Post 6196 and items
can be dropped off at the Warren County Human Services Building.
• Recognized Dr. Morrissey being honored with the Crandall Library Award.
Regular Town Board Meeting, 10-03-2022, MTG#29 22
• Announced the Annual Fall Leaf Pick Up Schedule
• Thanked Look TV, Town Counsel Mark Schachner, Town Clerk Caroline Barber, Town
Board, members of the public and Queensbury students for attending.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 374,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this 3rd day of October, 2022, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: None
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER,RMC
TOWN CLERK
TOWN OF QUEENSBURY