443.2022 Authorizing Access Agreement betweenTOQ and DEC RESOLUTION AUTHORIZING ACCESS AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND NEW YORK STATE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION
RESOLUTION NO.: 443, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 382, 2021, the Queensbury Town Board authorized
Access and Confidentiality Agreements between the Town and the New York State Department
of Environmental Conservation (DEC) granting DEC certain rights of access and use of the
Queensbury Landfill Site located at 1396 Ridge Road so that DEC may undertake its Site
Characterization —Remedial Investigation/Feasibility Study authorized by Town Board Resolution
No.: 198, 2021, and
WHEREAS, by letter dated November 14, 2022, DEC has advised the Town that it is
seeking access to two Town parcels on which to conduct its Site Characterization activities
identified as: 1) 279.1.16 located on Jenkinsville Road (such parcel listed in the first authorized
Access Agreement between the Town and DEC); and 2) tax map parcel 279.-1-21 located at the
Town's Ridge-Jenkinsville Park, and
WHEREAS, the Town of Queensbury wishes to grant DEC such access on the terms
substantially similar to those granted by Resolution No.: 382, 2021, including the condition that
DEC will meet with Town contacts at the parcel(s) during planning phases to ensure that any
drilling locations and surface well construction(s) do not impede with site activities,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Supervisor to sign any needed Access Agreement between the Town of Queensbury and the New
York State Department of Environmental Conservation and/or Property Owner
Acknowledgement/Consent Form relating to the properties described in the preambles of this
Resolution in form acceptable to the Town Supervisor and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Parks and Recreation Director and/or Town Counsel to take any further actions necessary to
effectuate the terms of this Resolution.
Duly adopted this 5 h day of December, 2022, by the following vote:
AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: Mr. McNulty