04-17-2023 MTG #13 Regular Town Board Meeting, 04-17-2023, MTG913 253
REGULAR TOWN BOARD MEETING MTG# 13
APRIL 17, 2023 RES. #148-170
7:00 P.M. BOH #26-29
TOWN BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN HARRISON FREER
COUNCILMAN GEORGE FERONE
COUNCILMAN TIMOTHY MCNULTY
TOWN BOARD ABSENT
COUNCILMAN ANTHONY METIVIER
TOWN COUNSEL
ROBERT HAFNER, ESQ.
TOWN OFFICIALS
Chris Harrington, Water Superintendent& Director of Wastewater
PRESS
Look TV
SUPERVISOR STROUGH called meeting to order...
PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON GEORGE FERONE
Presentation—Exploring options for Municipal Water in Jenkinsville and Nearby Eastern
Areas of the Town of Queensbury
Supervisor Strough reviewed study background and recognized the following Project members:
Chris Harrington, PE, Water Superintendent and Director of Wastewater; Jim Edwards, PE, CT
Male; Mark Behan, Behan Communications; (via zoom) Kirk Moline, Managing Geologist, CT
Male; Tony Bollasina, DEC. Slideshow presentation given.
(Presentation on file in the Town Clerk's Office)
1.0 BOARD OF HEALTH
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 148, 2023
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 from
Regular Session and enters into the Queensbury Board of Health.
Duly adopted this 171h day of April, 2023, by the following vote:
AYES: Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: Mr. Metivier
Regular Town Board Meeting, 04-17-2023, MTG913 254
BOARD OF HEALTH
1.1 PUBLIC HEARING—SEWER DISPOSAL VARIANCE APPLICATION
Jeanne L. Rollins Revocable Trust—377 Cleverdale Road
Publication Date: April 7, 2023
SUPERVISOR STROUGH reviewed proposed application and two variances requested.
TOM HUTCHINS-Good evening Board, Tom Hutchins, Hutchins Engineers. We looked at it
today. This is the property that is under contract for sale. The existing system failed, the transfer
inspection and it needs a replacement. What we're showing is the enhanced conventional system
utilizing sand filtration as the absorption area and you would install a new dual compartment
sector tank and an Eljen sand filter field. We're looking for five feet of relief from the property
line and four feet of relief from the building foundation, basically centered in the front yard as
you saw. Soils are actually quite good in the north end of Cleverdale, they're a little different
then the soils in the southern end of Cleverdale and with that, I turn it over to the Board.
SUPERVISOR STROUGH-Okay, Town Board any questions for the agent?
COUNCILMAN MCNULTY-No, it was a good explanation today. Thanks Tom.
COUNCILMAN FREER-No, I am good.
SUPERVISOR STROUGH-We do have a public hearing on this. Is there anybody here tonight
that wishes to speak to this proposal for variances that refers to the field and their backyard I
would guess. Would you call it the backyard?
MR. HUTCHINS-I would call it the front yard.
SUPERVISOR STROUGH-The backyard is the lake.
MR. HUTCHINS-Right.
SUPERVISOR STROUGH-Okay.
MR. HUTCHINS-That's the shoreline.
SUPERVISOR STROUGH-Front yard, alright. Anybody wish to speak to this?
TOWN CLERK CAROLINE BARBER-We did receive correspondence today from Jason
Gottlieb, I am sorry, at 389 Cleverdale Road in support of the application. (On file in the Town
Clerk's Office)
SUPERVISOR STROUGH-Okay, thank you. Seeing no further interest in the public hearing,
I'll close the public hearing.
COUNCILMAN FREER-You have one.
SUPERVISOR STROUGH-Oh, I am sorry.
WILLIAM F. DAVIDSON-May I ask Mr. Hutchins some questions?
SUPERVISOR STROUGH-Yes. Tom, can you sit down and allow this person to speak and then
we may call you back up if there is questions.
MR. HUTCHINS-Sure.
SUPERVISOR STROUGH-Yes sir.
MR. DAVIDSON-Good evening. William F. Davidson, 387 Cleverdale Road. I did want to ask
Mr. Hutchins some questions regarding the variance you're seeking is five feet from Cleverdale
Regular Town Board Meeting, 04-17-2023, MTG913 255
Road and a variance for near the foundation. But you're not looking for anything on the north
property line?
MR. HUTCHINS-Correct.
MR. DAVIDSON-Correct, okay. Very good.
SUPERVISOR STROUGH-Okay.
MR. DAVIDSON-That answers my question. Thank you.
SUPERVISOR STROUGH-Alright, that was easy. Okay, thank you. So again, Tom confirm.
MR. HUTCHINS-Yes,just to clarify, the new field, the existing field runs directly towards the
north property line. The new field would be between the house, the existing brick house and
Cleverdale Road and we're looking for five feet from that property line versus ten required and
16 feet from the building versus 20 required. We are compliant with all ... and shoreline
setbacks.
SUPERVISOR STROUGH-Alright. So just to make double sure, anybody from the public wish
to speak to this?
COUNCILMAN MCNULTY-I don't see anyone.
SUPERVISOR STROUGH-Then I'll close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING JEANNE L. ROLLINS REVOCABLE
TRUST'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 26,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Jeanne L. Rollins, Trustee, on behalf of the Jeanne L. Rollins Revocable Trust,
(Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site
Sewage Disposal Ordinance Chapter 136 to install an absorption field:
1. 16' from the foundation in lieu of the required 20' setback; and
2. 5' from the property line in lieu of the required 10' setback;
on property located at 377 Cleverdale 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 a public hearing concerning the
variance request on Monday, April 17'', 2023, and
WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners
Regular Town Board Meeting, 04-17-2023, MTG913 256
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 Jeanne L.
Rollins, Trustee, on behalf of the Jeanne L. Rollins Revocable Trust, for variances from the Sewage
Disposal Ordinance to install an absorption field:
1. 16' from the foundation in lieu of the required 20' setback; and
2. 5' from the property line in lieu of the required 10' setback;
on property located at 377 Cleverdale Road in the Town of Queensbury and bearing Tax Map No:
226.12-1-56, 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.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
Regular Town Board Meeting, 04-17-2023, MTG913 257
1.2 PUBLIC HEARING—SEWER DISPOSAL VARIANCE APPLICATION
Gary and Kimberly Glomb —66 Rockhurst Road
Publication Date: April 7, 2023
SUPERVISOR STROUGH reviewed proposed application and three variances requested.
TOM HUTCHINS-Tom Hutchins, for the record. This is an extremely small lot. It's 35 feet
wide and at its deepest point it's 70, I am sorry, 72 feet. There's a very limited amount of space
available, you folks saw it today. It's an area where his one parking spot exists, or their one
parking spot is and so we're proposing a 1500 gallon traffic rated holding tank with alarms and,
typical Queensbury alarms and water supply interlock.
SUPERVISOR STROUGH-Okay, questions of the Town Board of the applicant?
COUNCILMAN FERONE-No.
COUNCILMAN FREER-My only comment is, this is a small house, right, two bedrooms. Is
that correct? Is that what it's rated for?
MR. HUTCHINS-Yes.
COUNCILMAN FREER-So the thing that is a little bit, I guess I want to discuss is the fact that,
I have no problems with the separation, it's a tiny lot like you said. But if it's undersized for
Code, I think we should at least consider and I'm bringing this up for discussion about that it not
be turned into a rental. Because Short Term Rentals we found, I mean right now, you can only
have six people there by our rules anyway. But so we've put that restriction on temporary
extensions but not on an undersized system. I'd like to hear any thoughts from the other
members of the Board.
COUNCILMAN MCNULTY-Harrison, you're all much more experienced with holding tanks
but given the system has a shut off, if the 6 people use and fill up the tank, the 1500 tank in one
day, it shuts off the water and they have to wait to bring a septic truck to empty it. Correct? So,
I think the safeguard is the fact that it's limited to 1500 gallons and the water gets shut off when
it reaches that point.
MR. HUTCHINS-Yes, there's a two level alarm system. There's a warning, hey it's high, we
need to do something fairly soon that does not shut off the water, there's a little bit of remaining
capacity. Once that remaining capacity is used up, the water is shut off.
COUNCILMAN FREER-But the reasons those criteria are in there is so that we don't have a
truck come and empty it three times a week.
COUNCILMAN MCNULTY-If it was a rental and the owner is paying for that truck, he's going
to take controls to make sure it stops. I'm not trying to ...
COUNCILMAN FREER-Well, that's okay, that's all I wanted to bring up. I was going to
discuss it at the site but with more than three of us there I felt like I needed to bring it up here.
COUNCILMAN MCNULTY-I think the safeguard is there, personally.
SUPERVISOR STROUGH-When you and I had this discussion coming back from the site visit
and there are others on Rockhurst that have just a single 1500 gallon tank, it's working quite
well. They do rent their place and everything is fine.
COUNCILMAN FREER-Okay.
SUPERVISOR STROUGH-I think it would be unfair to impose that kind of restriction on this
particular application. I am totally happy with a holding tank and someday we'll have that
municipal septic system. So there's a public hearing on this. If there are no other further
questions on behalf of the Town Board? Anybody in the public wish to speak to this?
COUNCILMAN MCNULTY-Nobody online.
Regular Town Board Meeting, 04-17-2023, MTG913 258
SUPERVISOR STROUGH-I don't see anybody online. I'll close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING GARY AND KIMBERLY GLOMB'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 27,2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Gary and Kimberly Glomb (Applicants) 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, and a variance from §136-11A as
the Applicants wish to install a 1,500 gallon capacity holding tank in lieu of the required 3,000 gallon
capacity holding tank, and
WHEREAS, the Applicants also applied for additional variances from Chapter 136 to allow
placement of the holding tank:
1. 5' from the front property line in lieu of the required 10' setback;
2. 2' from the side property line in lieu of the required 10' setback; and
3. 2' from the building in lieu of the required 10' setback;
on property located at 66 Rockhurst 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 a public hearing concerning the
variance requests on Monday, April 17'', 2023, 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
3. 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
Regular Town Board Meeting, 04-17-2023, MTG913 259
any Town plan or policy; and
4. 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
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Gary and
Kimberly Glomb for variances from the Sewage Disposal Ordinance to allow installation of a 1,500
gallon capacity holding tank in lieu of the required 3,000 gallon capacity holding tank with placement
of the holding tank:
1. 5' from the front property line in lieu of the required 10' setback;
2. 2' from the side property line in lieu of the required 10' setback; and
3. 2' from the building in lieu of the required 10' setback;
on property located at 66 Rockhurst Road in the Town of Queensbury and bearing Tax Map No:
227.13-2-49, 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 review by the Adirondack Park Agency
during such period.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer
NOES None
ABSENT: Mr. Metivier
SUPERVISOR STROUGH reviewed proposed applicant's request of extension of time for property
located at 316/321 Glen Lake Road. Noted that the Director of Building and Codes Enforcement has
recommended approval and it will not be utilized as a rental per proposed Resolution.
RESOLUTION GRANTING LYNNE COLLEEN MCNEIL RUTNIK
EXTENSION OF TIME TO COMPLETE NEW CODE COMPLIANT
SEWAGE DISPOSAL SYSTEM ON PROPERTY LOCATED
Regular Town Board Meeting, 04-17-2023, MTG913 260
AT 316/321 GLEN LAKE ROAD
RESOLUTION NO.: BOH 28,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local
Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at
Queensbury Town Code Chapter 137 (Chapter 137), and
WHEREAS, by Resolution No.: 176, 2019,the Town Board adopted Local Law 5 of 2019
and by Resolution No. 47, 2020, adopted Local Law 1 of 2020 to make additional minor
modifications to Chapter 137, and
WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems
(OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000
escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment
system meeting all standards is not completed within the time provided as established by Chapter
137, and
WHEREAS, Lynne Colleen McNeil Rutnik (Applicant) acquired the majority interest in
the property located at 316/321 Glen Lake Road identified as Tax Map Nos: 289.9-1-83 and 289.9-
1-58 (Property) on or about October 31", 2022, and by letter dated 5 April 2023, Applicant has
advised that the existing structure on such Property will be demolished and the onsite wastewater
treatment system removed; however, due to litigation regarding full ownership of the Property,the
demolition of the structure and the onsite wastewater treatment system removal process will not
be completed within the required six (6) month time period, and
WHEREAS, Applicant has therefore requested that the Town Board grant additional time,
until October 17'', 2023 to complete such work and extend the date on which the $2,000 escrow
deposit Applicant previously deposited with the Town shall be automatically forfeited to the Town
and in the meantime, Applicant has advised that the structure will not be inhabited, and
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of this requested extension to October 17'', 2023,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby
authorizes and grants Lynne Colleen McNeil Rutnik additional time or until October 17'', 2023 to
Regular Town Board Meeting, 04-17-2023, MTG913 261
obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set
forth in Chapter 137 to complete demolition of the existing structure and installation of a new
Code compliant onsite wastewater treatment system on Property located at 316/321 Glen Lake
Road, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically
forfeited to the Town until such date of October 17'h, 2023, and
BE IT FURTHER,
RESOLVED, that the structure on the Property shall not be inhabited and the Property shall
not be utilized for rental use until demolition is complete and a new Code compliant onsite
wastewater treatment has been approved and installed, and
BE IT FURTHER,
RESOLVED,that the Town Board, as the Town's Local Board of Health, further authorizes
and directs the Town Supervisor and/or Director of Building and Codes Enforcement to take any
and all actions necessary to effectuate all terms of this Resolution.
Duly adopted this 171h day of April, 2023, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Freer, Mr. Ferone
NOES None
ABSENT : Mr. Metivier
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 29,2022
INTRODUCED BY: Mr. George Ferone
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 17'h day of April, 2023, by the following vote:
AYES: Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: Mr. Metivier
Regular Town Board Meeting, 04-17-2023, MTG913 262
2.0 PUBLIC HEARING—Bay Ridge Rescue DBA: Queensbury Medical Services' Proposal
to Purchase Ambulance and Authorizing Incurrence of Tax-Exempt Financing/Debt for
Purchase
Publication Date: March 31, 2023
SUPERVISOR STROUGH reviewed proposed purchase request. There is a public hearing on this
tonight. Is there anybody who wishes to speak to this? Okay, seeing no interest in speaking to this,
I'll close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION AUTHORIZING BAY RIDGE RESCUE SQUAD, INC. DBA:
QUEENSBURY EMERGENCY MEDICAL SERVICES'S PROPOSAL TO
PURCHASE AMBULANCE AND AUTHORIZING INCURRENCE OF TAX-
EXEMPT FINANCING/DEBT FOR SUCH PURCHASE
RESOLUTION NO.: 149,2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by prior Resolution, in accordance with New York State Public Health Law
Article 30, the Queensbury Town Board approved the Year 2023 Emergency Ambulance Services
Agreement (Agreement) between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc.
and North Queensbury Rescue Squad, Inc., and their successor after consolidation, with the name of
the consolidated Rescue Squad currently expected to be named the "Bay Ridge Rescue Squad, Inc.,
DBA: Queensbury Emergency Medical Service,"(Squad), and
WHEREAS, such Agreement for general emergency ambulance services within the Town
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 Town Board, and
WHEREAS, the Squad has advised the Town Board that it wishes to sell its year 2016 E
series ambulance for fair market value and purchase a 2024 Ford F-350 Demers Brand Ambulance
at a purchase price not to exceed $300,000, 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. $ 20,000—approximate cash down payment; and
2. $280,000 - maximum amount of tax-exempt financing with the Adirondack Trust
Regular Town Board Meeting, 04-17-2023, MTG913 263
Company; and
WHEREAS, Town Board approval of this proposed purchase is required by the Squad's
Agreement with the Town, and the proposed tax-exempt financing requires a public hearing under
the Internal Revenue Code, and
WHEREAS, on Monday, April 171h, 2023, the Town Board held a public hearing
concerning the Squad's proposed purchase and tax-exempt financing as required by the Squad's
Agreement with the Town and the Internal Revenue Code and heard all interested persons, and
WHEREAS,the Town Board believes that this new Ambulance will provide additional safety
protection for the Town and also believes it to be necessary, financially beneficial and in the public
interest to consider such financing, and
WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such
Ambulance purchase and the Squad's corresponding incurrence of tax-exempt debt and financing,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge Rescue
Squad, Inc., DBA: Queensbury Emergency Medical Service (Squad)'s proposal to purchase a 2024
Ford F-350 Demers Brand Ambulance at a purchase price not to exceed $300,000 as set forth in
the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further approves of the Squad's incurrence of
approximately $280,000 maximum amount of tax-exempt financing/debt for such purchase with the
understanding that the Town Board is relying upon the Squad's assurance that the Ambulance is
serviceable and suitable for its long-term intended use, and approves of the tax-exempt financing
with the Adirondack Trust Company for the purpose of purchasing the new Ambulance and
associated equipment, and
BE IT FURTHER,
RESOLVED,that the Town of Queensbury does not guarantee such debt with the financial
institution on behalf of the Squad nor does the Town Board create or intend to create any
assumption on the part of the Town of Queensbury of any obligation or liability for the financing,
and
BE IT FURTHER,
Regular Town Board Meeting, 04-17-2023, MTG913 264
RESOLVED,that the Town Board authorizes and directs the Town Supervisor and/or Budget
Officer to take any actions necessary to effectuate the terms of this Resolution.
Duly adopted this 17'h day of April, 2023 by the following vote:
AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES None
ABSENT: Mr. Metivier
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES)
TOM SARGENT, 59 Rockhurst Road-Referred to Resolution 4.19, `Resolution Authorizing
Engagement of LaBella Associates for Professional Engineering Services Associated with Design
and Establishment of Rockhurst Community Sewer Project' and thanked the Town Board for their
continued support.
RESOLUTIONS
RESOLUTION APPROVING YEAR 2022 SERVICE AWARD PROGRAM
RECORDS FOR QUEENSBURY VOLUNTEER FIRE COMPANIES
RESOLUTION NO.: 150,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS,the Queensbury Town Board previously authorized engagement of PENFLEX,
Inc., to provide the 2022 Standard Year End Administration Services for the Town's Volunteer Fire
Companies and Volunteer Ambulance Workers Service Award Programs, and
WHEREAS, as part of the Service Award Program(s), it is necessary that the Town Board
approve the Fire Companies' and Emergency Squads' Year 2022 Service Award Program Records,
and
WHEREAS,the Town Supervisor's Office has received and reviewed the records from each
of the Town's five(5)Volunteer Fire Companies and found them to be complete, and
WHEREAS,the Town Board wishes to approve these records,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the 2022 Volunteer Fire
Company Service Award Program Records for each of the Town's five(5)Volunteer Fire Companies,
and
Regular Town Board Meeting, 04-17-2023, MTG913 265
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or
Budget Officer to take all action necessary to effectuate the terms of this Resolution.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AMENDING RESOLUTION NO.: 126, 2023 TO CHANGE
NAME OF ENTITY IN AGREEMENT FROM "COOL INSURING ARENA"
TO "ADIRONDACK CIVIC CENTER COALITION, INC."
RESOLUTION NO.: 151,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 126, 2023 the Queensbury Town Board authorized a 2023
Local Tourism Promotion and Convention Development Agreement with the "Cool Insuring
Arena" for funding toward the 2023 NYS High School Basketball Championships; however, the
Agreement should be between the Town and the "Adirondack Civic Center Coalition, Inc.," and
therefore,the Town Board wishes to amend Resolution No. 126, 2023 accordingly,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 126, 2023
such that the Agreement for funding shall be between the Town and the "Adirondack Civic Center
Coalition,Inc.," such Agreement in form substantially presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to
execute such Agreement and affirms and ratifies Resolution No.: 126, 2023 in all other respects.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
Regular Town Board Meeting, 04-17-2023, MTG913 266
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND THE CHAPMAN MUSEUM
RESOLUTION NO.: 152,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 484, 2007, the Queensbury 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
WHEREAS, the Agreement provides that specific expenditure of the funds provided under
the Agreement are subject to further Resolution of the Town Board, and
WHEREAS, the Town Board wishes to provide funding to the Chapman Museum in an
amount not to exceed $10,300 with occupancy tax revenues received from Warren County and
accordingly enter into a 2023 Agreement with the Chapman Museum for the promotion of exhibits,
performances and events to Town and area residents and visitors, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the 2023 Agreement
between the Town and the Chapman Museum and authorizes and directs the Town Supervisor to
execute the Agreement in substantially the form presented at this meeting, with funding for the
Agreement not to exceed $10,300 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 the Town Board authorizes and directs the Town Budget Officer to take
all actions necessary to amend the Town Budget and increase appropriations and revenues as
necessary as follows:
• Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $10,300;
• Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $10,300; and
BE IT FURTHER,
Regular Town Board Meeting, 04-17-2023, MTG913 267
RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer
confirming that the Town has unallocated occupancy tax funds available from Warren County.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND ADIRONDACK BALLOON FESTIVAL
RESOLUTION NO.: 153,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 484, 2007, the Queensbury 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
WHEREAS, the Agreement provides that specific expenditure of the funds provided under
the Agreement are subject to further Resolution of the Town Board, and
WHEREAS, the Town of Queensbury received a request for funding from the Adirondack
Balloon Festival to assist in funding its Adirondack Hot Air Balloon Festival to be held in the Town
of Queensbury in September, 2023, which event draws thousands of people to the Town of
Queensbury and its surrounding area's hotels and motels, restaurants, stores and other businesses,
thereby benefiting the general economy of the Town and all of Warren County, and
WHEREAS, the Town Board wishes to provide funding to the Adirondack Balloon Festival
in the amount of$25,000 with occupancy tax revenues received from Warren County and accordingly
enter into a 2023 agreement with the Adirondack Balloon Festival, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Local
Tourism Promotion and Convention Development Agreement between the Town and the Adirondack
Balloon Festival and authorizes and directs the Town Supervisor to execute the Agreement
Regular Town Board Meeting, 04-17-2023, MTG913 268
substantially in the form presented at this meeting with funding not to exceed $25,000 and to be
provided by occupancy tax revenues the Town receives from Warren County, to be paid from
Account No.: 050-6410-4412, 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 increase appropriations and revenues as necessary as
follows:
• Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $25,000;
• Expense Acct.No. —050-6410-4412 Use of Occupancy Tax$25,000; and
BE IT FURTHER,
RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer
confirming that the Town has unallocated occupancy tax funds available from Warren County.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF
QUEENSBURY AND THE UNDER THE WOODS FOUNDATION, INC. FOR
CHURNEY GURNEY FESTIVAL
RESOLUTION NO.: 154,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 484, 2007, the Queensbury 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
WHEREAS, the Agreement provides that specific expenditure of the funds provided under
the Agreement are subject to further Resolution of the Town Board, and
WHEREAS, the Under the Woods Foundation, Inc., is organizing the "Churney Gurney
Festival" at Gurney Lane Park in the Town of Queensbury that hosts a mountain bike race and trail
Regular Town Board Meeting, 04-17-2023, MTG913 269
running race,thereby helping to promote recreational opportunities in the community,attracting many
persons to the Queensbury area and providing an economic boon to the community, and
WHEREAS,the Town Board wishes to provide funding to the Under the Woods Foundation
in the amount of$5,000 with occupancy tax revenues received from Warren County and accordingly
enter into a 2023 agreement with the Under the Woods Foundation for the promotion of recreational
activities and events to Town residents, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Local
Tourism Promotion and Convention Development Agreement between the Town and the Under the
Woods Foundation, Inc., and authorizes and directs the Town Supervisor to execute the Agreement
substantially in the form presented at this meeting with funding not to exceed $5,000 and to be
provided by occupancy tax revenues the Town receives from Warren County, to be paid from
Account No.: 050-6410-4412, 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 increase appropriations and revenues as necessary as
follows:
• Revenue Acct No. — 050-0000-51113 Occupancy Tax Revenue $5,000;
• Expense Acct.No. —050-6410-4412 Use of Occupancy Tax$5,000; 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.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND LAKE GEORGE REGIONAL CHAMBER
OF COMMERCE & CONVENTION AND VISITOR'S BUREAU
Regular Town Board Meeting, 04-17-2023, MTG913 270
RESOLUTION NO.: 155,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 342, 2020, the Queensbury Town Board approved and
authorized funding to the Lake George Regional Chamber of Commerce&Convention and Visitor's
Bureau (LGRCCCVB) and the Agreement between the Town and LGRCCCVB for tourism
promotional and marketing campaign and consultation services through October 30'', 2022, and
WHEREAS,the Town of Queensbury wishes to enter into an Agreement with LGRCVB for
provision of such services effective as of March 1", 2023 through February 28 h, 2025, and
WHEREAS, such promotion and marketing services will promote the Town of Queensbury
and its hotels and motels, restaurants, stores and other businesses, thereby benefiting the general
economy of the Town and all of Warren County, and
WHEREAS, by Resolution No.: 484, 2007, the Queensbury 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
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 $40,000 total in funding to the
LGRCCCVB with occupancy tax revenues received from Warren County for general tourism
promotional and marketing campaign and consultation services through February 28 h,2025 ($20,000
for 3/l/23 -2/29/24 and $20,000 for 3/l/24 - 2/28/25) and accordingly enter into an Agreement with
LGRCCCVB, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Local
Tourism Promotion and Convention Development Agreement between the Town and the Lake
George Regional Chamber of Commerce & Convention and Visitor's Bureau (LGRCCCVB) and
authorizes and directs the Town Supervisor to execute the Agreement substantially in the form
presented at this meeting with funding not to exceed $40,000 ($20,000 for 3/l/23 - 2/29/24 and
$20,000 for 3/l/24 -2/28/25) and to be provided by occupancy tax revenues the Town receives from
Regular Town Board Meeting, 04-17-2023, MTG913 271
Warren County,to be paid from Account No.: 050-6410-4412, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Budget Officer to take all
actions necessary to amend the Town Budget and increase appropriations in Occupancy Tax
Account No.: 050-6410-4412 and increase revenue coded 050-0000-51113 Occupancy Tax by
$20,000 in the 2023 Budget and$20,000 in the 2024 Budget, and
BE IT FURTHER,
RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming
that the Town has unallocated occupancy tax funds available from Warren County.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING HIRING OF PART-TIME SEASONAL
EMPLOYEES TO WORK FOR PARKS AND RECREATION
DEPARTMENT
RESOLUTION NO.: 156,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury's Department of Parks and Recreation has requested
Town Board authorization to hire Ryan Flansburg, Cailin Harrington, Cara Harrington, Brody
Holcomb, Lindsey Holcomb, Evan Lovering and Gretchen Lovering to work part-time for the
Department on a seasonal basis, and
WHEREAS, Town Policy requires that familial relationships must be disclosed and the
Town Board must approve the appointment of Town employees' relatives and:
• Ryan Flansburg is the son of Parks & Recreation Senior Building Maintenance
Mechanic, James Flansburg;
• Cailin Harrington and Cara Harrington are the daughters of Water
Superintendent/Wastewater Director, Chris Harrington;
• Brody Holcomb and Lindsey Holcomb are the children of Highway Department
Regular Town Board Meeting, 04-17-2023, MTG913 272
employee, John Holcomb;
• Evan Lovering is the son of Parks &Recreation Director, Steven Lovering; and
• Gretchen Lovering is the wife of Parks &Recreation Director, Steven Lovering;
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Ryan Flansburg, Cailin Harrington, Cara Harrington, Brody Holcomb, Lindsey Holcomb, Evan
Lovering and Gretchen Lovering to work for the Town's Department of Parks and Recreation on a
part-time, seasonal basis effective on or about May 1",2023,to be paid at the appropriate hourly wage
approved for seasonal recreation positions and subject to the Town successfully completing
background checks as reasonably may be necessary to judge fitness for the duties for which hired,
and drug and/or alcohol screening, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Parks and Recreation and/or Town Budget Officer to complete any forms and take any
action necessary to effectuate the terms of this Resolution.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING APPOINTMENT OF JASON SANCHEZ AS
FLEET MANAGER IN TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 157, 2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 466, 2022, the Queensbury Town Board authorized the
abolishment of the full-time position of Parts Shop Foreman and the establishment of the full-time
position of Fleet Manager in the Town's Highway Department in accordance with the Fleet Manager
Job Description adopted by the Warren County Department of Personnel and Civil Service, and
WHEREAS, the Town advertised for candidates for the position and the Town Highway
Superintendent conducted interviews and recommended that the Town Board authorize the
appointment of Jason Sanchez as Fleet Manager,
Regular Town Board Meeting, 04-17-2023, MTG913 273
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes and directs the appointment
of Jason Sanchez to the Town's full-time, overtime-exempt Fleet Manager position effective on or
about April 24 h, 2023, subject to the Town successfully completing a pre-employment physical and
background checks as reasonably necessary to judge fitness for the duties for which hired, drug
and/or alcohol screening and Mr. Sanchez's successful completion of a six (6) month probationary
period, with such appointment to be on a provisional basis until such time as Mr. Sanchez places
successfully on the Civil Service exam for the position and meets all Civil Service requirements, and
BE IT FURTHER,
RESOLVED,that Mr. Sanchez shall be paid an annual salary of$68,800, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town
Highway Superintendent and/or Town Budget Officer to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING HIRING OF WAYNE FLAGG
AS PART-TIME LABORER AT TOWN TRANSFER STATIONS
RESOLUTION NO.: 158,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury Transfer Stations maintain a roster of part-time
employees who work on an on-call basis when needed, and
WHEREAS, the Transfer Station Supervisor has recommended that the Town Board
authorize the hiring of Wayne Flagg, Jr., as a part-time Laborer to work on an on-call basis, not to
exceed 20 hours a week, and the Town Board concurs with this recommendation,
Regular Town Board Meeting, 04-17-2023, MTG913 274
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Wayne Flagg,Jr., as a part-time Laborer to work on an on-call basis,not to exceed 20 hours per week,
commencing on or about April 18'', 2023, subject to the Town successfully completing a pre-
employment physical and background checks, including drug and/or alcohol screenings, as
reasonably necessary to judge fitness for the duties for which hired, and
BE IT FURTHER,
RESOLVED,that Mr. Flagg shall be paid$20 per hour as set forth in Town Board Resolution
No.: 66, 2023 to be paid from the appropriate payroll account, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Transfer Station Supervisor and/or Town Budget Officer to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION TO AMEND 2022 AND 2023 TOWN BUDGETS
RESOLUTION NO.: 159,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
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 2022 and 2023 Town Budgets as
follows:
Regular Town Board Meeting, 04-17-2023, MTG913 275
2022
To
Code Appropriation Code Appropriation $
020-0000-0909 Fund Balance 020-5182-4305 Street Lights 1,200
2023
To
Code Appropriation Code Appropriation $
047-0000-0909 Fund Balance 047-8330-4400 Misc. Contractual 2,500
Duly adopted this 17'h day of April, 2023 by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION APPROVING REVISIONS TO QUEENSBURY WATER
DEPARTMENT DESIGN & CONSTRUCTION STANDARDS
RESOLUTION NO.: 160,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No. 210 of 1987, the Queensbury Town Board accepted the
Queensbury Water Department's Design & Construction Standards (Standards) and by Resolution
Nos: 116.2000 and 79, 2004, approved revisions to the Standards, and
WHEREAS,the Town Water Superintendent has proposed further revisions to the Standards
in substantially the form presented at this meeting and has requested Town Board approval of the
Standards,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Queensbury Water
Department's Design & Construction Standards as revised and substantially in the form presented at
this meeting and further authorizes and directs the Water Superintendent to distribute the new
Standards and take any actions necessary to effectuate the terms of this Resolution.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
Regular Town Board Meeting, 04-17-2023, MTG913 276
ABSENT: Mr. Metivier
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO.: _ OF 2023 TO AMEND CHAPTER 179 AND
CHAPTER A183 OF QUEENSBURY TOWN CODE
RESOLUTION NO.: 161, 2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law
No.: of 2023 entitled, "A Local Law To Amend Chapter 179 and Chapter A183 Of
Queensbury Town Code," which Law is intended to update the Town's stream corridor
regulations, and
WHEREAS, adoption of this legislation is authorized in accordance with New York
State Environmental Conservation Law and regulations, New York State Municipal Home Rule
Law §20 and New York State Town Law Article 16, and
WHEREAS, zoning changes are subject to Warren County Planning Department
review in accordance with New York State General Municipal Law §239-m, and
WHEREAS, the Town of Queensbury proposed amendments comply with and are in
furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and
9 NYCRR Part 582 of Agency regulations, and
WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the
proposed Zoning Code amendments prior to adoption, 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, May
1st, 2023 to hear all interested persons and take any necessary action provided by law concerning
proposed Local Law No.: of 2023, and
BE IT FURTHER,
Regular Town Board Meeting, 04-17-2023, MTG913 277
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
submit the proposed Local Law to the Warren County Planning Department for New York
State General Municipal Law §239-m review, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Senior Planner to
forward copies of the proposed Zoning Code amendments to the Adirondack Park Agency for
its review and approval in accordance with Article 27 of the Executive Law, §807, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury
Town Clerk to publish, post and distribute a Notice of Public Hearing concerning proposed
Local Law No. of 2023 in the manner provided by law.
Duly adopted this 171h day of April, 2023, by the following vote:
AYES Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO.: _ OF 2023 AND LOCAL LAW NO.: OF 2023 WHICH
REPEAL QUEENSBURY TOWN CODE CHAPTER 88 AND REPLACE IT
WITH CHAPTER 88A AND CHAPTER 88B
RESOLUTION NO.: 162,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board wishes to incorporate certain State regulatory
amendments concerning local Code Enforcement into the provisions of the Queensbury Town
Code pertaining to enforcement of State Codes, and
WHEREAS, proposed Local Law No. of 2023 has been prepared and is presented at
this meeting and, if adopted, it would replace Town Code Chapter 88 with Chapter 88A in order
to continue the established offices of the Director of Building and Codes Enforcement, Fire
Regular Town Board Meeting, 04-17-2023, MTG913 278
Marshal and Zoning Administrator, and
WHEREAS, proposed Local Law No. of 2023 has been prepared and is presented at
this meeting, if adopted, it would incorporate the recent State regulatory changes into the Town's
local Code Enforcement program, and
WHEREAS, in accordance with Municipal Home Rule Law Section 20, the Town Board
wishes to schedule a Public Hearing to hear all interested persons and consider the Local Laws,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold one or more Public
Hearings at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m.
on Monday, May 1st, 2023 to consider proposed Local Law No.: of 2023 and proposed Local
Law No.: of 2023 and to hear all interested persons, and at that time may take any other actions
authorized by law concerning proposed Local Law No.: of 2023 and proposed Local Law No.:
of 2023, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish and
post a Notice of the Public Hearing concerning proposed Local Law No.: of 2023 and
proposed Local Law No.: of 2023 in the manner provided by law.
Duly adopted this 17th day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN
PINE VIEW CEMETERY FROM MINNIE ALBANESE
RESOLUTION NO.: 163,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS,the Town of Queensbury Cemetery Commission previously sold a cemetery lot
in the Pine View Cemetery to Minnie Albanese c/o Nina Payne (known as Nina Albanese)—Seneca
Plot, Lot No.: 12-D, and
Regular Town Board Meeting, 04-17-2023, MTG913 279
WHEREAS, Ms. Nina Albanese 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 Minnie Albanese c/o
Nina Payne—Seneca Plot, Lot No.: 12-D for the amount of$366.67, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to
arrange for the payment of such amount to Ms. Nina Albanese 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.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 04182023
RESOLUTION NO.: 164, 2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as
Warrant: 04182023 with a run date of 04/13/2023 and a payment date of 04/18/2023,
NOW, THEREFORE, BE IT
Regular Town Board Meeting, 04-17-2023, MTG913 280
RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented
as Warrant: 04182023 with a run date of 04/13/2023 and a payment date of 04/18/2023 totaling
$1,275,665.66, 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 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND ERLJML, INC., DBA RICKS BIKE SHOP
TO PROVIDE TEMPORARY OUTPOST BUILDING AT GURNEY LANE
PARK TO PROMOTE BICYCLE TOURISM AND BICYCLING
RESOLUTION NO.: 165,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury owns and operates a Town Park known as the
Gurney Lane Recreation Area(Park), and
WHEREAS, ERLJML, Inc., d/b/a Rick's Bike Shop (Rick's)wishes to promote the use of
the Park's mountain bike trails and bicycle tourism and bicycling generally by facilitating rentals
of mountain bikes, conducting guided rides for bike renters and bike owners, providing spare and
replacement parts and conducting emergency repairs for riders from a temporary building to be
provided by Rick's at the Park from May 27, 2023 through October 31, 2023, with the option for
renewal for 2024, and
WHEREAS, the Town Board has determined that Rick's proposal is in furtherance of a
proper Town purpose and the goals of the Town's Department of Parks and Recreation, and
WHEREAS, the parties wish to enter into a License Agreement setting forth the rights and
responsibilities of each party as set forth in the proposed License Agreement presented at this
meeting,
Regular Town Board Meeting, 04-17-2023, MTG913 281
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs
the Town Supervisor to execute the License Agreement for Temporary Use of Gurney Lane
Recreation Area between the Town of Queensbury and ERLJML, Inc., d/b/a Rick's Bike Shop
substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Counsel, Town Budget Officer and/or Director of Parks and Recreation to take any other action
necessary to effectuate the terms of this Resolution.
Duly adopted this 17'h day of April, 2023 by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING INCREASE IN BUDGET FOR
EMERGENCY DESIGN SERVICES AND OUTLET/CULVERT PIPE
REPAIRS PROJECT AT HOVEY POND PARK
RESOLUTION NO.: 166,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury's Director of Parks and Recreation (Director)
previously advised that an old galvanized outlet/culvert pipe located at or near the Hovey Pond
Park failed resulting in a large sink hole developing near the Park's walking path and that if the
sink hole became larger and the wall collapsed, it could endanger Glenwood Avenue and Quaker
Road, and therefore,the Director arranged for LaBella Engineering, D.P.C. (LaBella)to assess the
conditions and design repair work specifications and for Kubricky Construction Co. (Kubricky)to
perform the needed repairs to the outlet/culvert pipe, downstream outlet wing walls and headwall
(Project), such Project to be completed on an emergency basis for public health and safety reasons
as time would not allow for the receipt of bids, and
WHEREAS, by Resolution No.: 34,2023, the Town Board: 1) determined that such Project
constituted an emergency procurement needed to best serve the Town's residents and needed to be
completed immediately to protect public health and safety; 2) waived its requirement under General
Municipal Law §103 and the Town's Purchasing Policy; and 3) authorized, confirmed and ratified
Regular Town Board Meeting, 04-17-2023, MTG913 282
the Director's engagement of LaBella for the provision of emergency professional engineering/design
services and Kubricky for the provision of emergency repairs for a total Project cost not to exceed
$150,000 from Capital Construction Account No.: 001-7110-2899, and
WHEREAS, the Director has advised that not only did the outlet/culvert pipe need to be
replaced, but all of the outlet structures as well, due to New York State Department of
Environmental Conservation (DEC) Permit requirements, and
WHEREAS, the Director has further advised that LaBella's original Project estimate of
$150,000 was based on replacing the culvert and outflow canal but did not include replacement of
all of the outlet structures by Kubricky, nor preparation and completion of an Engineering
Assessment of the dam within 60 days of completion of the emergency work by LaBella, and
therefore, the total estimate to complete all required engineering and construction work is now
estimated to be $239,000 before the DEC permit is closed out, and
WHEREAS, by Resolution No.: 261,2021, the Town Board accepted a total of
$2,794,633.02 in American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Grant
Funds from the New York State Department of Budget, such Recovery Funds to be used in
accordance with the terms and conditions to be set forth by the New York State Department of
Budget and/or the Federal Government, and established the ARPA Coronavirus Local Fiscal
Recovery Capital Project No. 241 (Capital Project No. 241) and the Town Board wishes to
authorize an increase in the Project's budget and use these Recovery Funds for this qualifying
infrastructure investment Project, and
WHEREAS, the Town Board wishes to transfer the Project's budget, including any
expenses already incurred, from Capital Construction Account No.: 001-7110-2899 to Capital
Project No. 241,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes an increase of$89,000 for
professional engineering, construction and permitting costs related to the failed outlet pipe at the
Town's Hovey Pond Park(Project) for a total Project cost not to exceed $239,000, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the transfer of the Project's budget,
including any expenses already incurred, from Capital Construction Account No.: 001-7110-2899
to ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241, and
BE IT FURTHER,
Regular Town Board Meeting, 04-17-2023, MTG913 283
RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to amend
the 2023 Town Budget and take all actions deemed necessary to effectuate the transfer of the Project's
budget and payments for all services and repairs, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes the Town Supervisor and/or Director of
Parks and Recreation to sign any needed additional documentation and the Town Supervisor,Director
of Parks and Recreation and/or Budget Officer to take any and all other and further actions as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING ACCEPTANCE OF FUNDS FROM
CEMETERY COMMISSION FOR TREE REMOVAL WORK
AT PINE VIEW CEMETERY
RESOLUTION NO.: 167, 2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 127, 2023, the Queensbury Town Board awarded the bid
for certain tree removal work within the Town of Queensbury, including in the Pine View Cemetery,
from the lowest, responsible bidder, Richard Sears Tree Experts (Sears), and
WHEREAS,the Cemetery Superintendent accordingly wishes to engage the services of Sears
for tree removal work as set forth in Sears' Quote 4397 dated April 6,2023 in the amount of$27,960,
and
WHEREAS,the Town Cemetery Commission has offered to fund such work and the Town
Board wishes to authorize the acceptance of such funds,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town
Cemetery Superintendent's engagement of Richard Sears Tree Experts (Sears) for certain tree
removal work in the Pine View Cemetery, as set forth in Sears' Quote 4397 dated April 6, 2023 in
the amount of$27,960 substantially in the form presented at this meeting, and
Regular Town Board Meeting, 04-17-2023, MTG913 284
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the acceptance of payment in the
amount of$27,960 from the Town Cemetery Commission to fund such purchases, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to
amend the 2023 Town Budget by:
• Increasing Appropriation—Misc. Contractual—002-8810-4400 by $27,960;
• Increasing Revenue—Misc. Revenue—002-0000-52770 by $27,960; and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign
any needed documentation and the Town Supervisor,Cemetery Superintendent and/or Budget Officer
to take all such other and further actions as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 171h day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING ENGAGEMENT OF LABELLA
ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES
ASSOCIATED WITH DESIGN AND ESTABLISHMENT OF
ROCKHURST COMMUNITY SEWER PROJECT
RESOLUTION NO.: 168,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board is considering establishing a North
Queensbury/Rockhurst Community Sewer District (District) in accordance with New York State
Town Law Article 12-A, and
WHEREAS, by Resolution No.: 270.2019,the Town Board accepted up to $25,000 in Grant
funding from The Fund for Lake George toward establishment of the District to be used toward the
Regular Town Board Meeting, 04-17-2023, MTG913 285
cost of engineering studies and/or preparation of a Map,Plan and Report, and
WHEREAS, by Resolution No.: 62.2020, the Town Board authorized engagement of The
Chazen Companies, now known as LaBella Associates (LaBella) for technical services associated
with the development of an Engineering Report and Map,Plan and Report for the proposed District,
by Resolution No.: 244,2021, authorized LaBella's technical services associated with the preparation
of a Water Quality Improvement Program(WQIP) Grant in support of the District and by Resolution
No.: 423,2022, authorized LaBella's preparation of a work plan and comprehensive scope of services
to support the WQIP Program, and
WHEREAS,the Town Board wishes to advance the design and development of the Rockhurst
Sewer District and has requested a comprehensive scope of services from the design team of LaBella
and KSPE, and
WHEREAS,LaBella has accordingly provided a Proposal dated April 12,2023 and the Town
Board wishes to advance the time (or seasonally) sensitive work(Group A Tasks) in such Proposal
and those services focused on the potential acquisition of lands for the subsurface dispersal system,
for a sum not to exceed $186,842,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes and directs engagement of
LaBella Associates for professional engineering and technical services to advance the design and
development of the Rockhurst Community Sewer District as delineated as the Group A Tasks set
forth in LaBella's April 12, 2023 Proposal substantially in the form submitted at this meeting for the
amount of$186,842, and
BE IT FURTHER,
RESOLVED, that payment for LaBella's services shall be paid from Engineering Account
No.: 001-1440-4720-0038 and shall be reimbursed as a cost of the improvement to the extent
designated by the Town Board if the District is established, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to
amend the Town Budget by transferring $186,842 from General Fund Undesignated Fund Balance
Account No.: 001-0000-0909 to Engineering Account No.: 001-1440-4720-0038 and take any other
actions needed to provide for payment, and
BE IT FURTHER,
Regular Town Board Meeting, 04-17-2023, MTG913 286
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign
any needed documentation and/or Agreements and the Town Supervisor,Wastewater Director,Town
Counsel 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 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.
Duly adopted this 17d'day of April, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION ACCEPTING SOLAR PAYMENT IN LIEU OF TAX
AGREEMENT FOR AC POWER 31, LLC ASSOCIATED WITH
TAX MAP PARCEL NO: 303.20-2-50
RESOLUTION NO.: 169,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS,AC Power 31,LLC("AC Power")submitted a Site Plan application,Freshwater
Wetlands Permit and Special Use Permit to the Queensbury Planning Board related to parcels
identified as Tax Map Nos .303.20-2-50 and 303.20-2-48.1 for the construction and operation of a
"Solar Energy Facility" (the "Project"), and
WHEREAS, at their meeting of June 23rd, 2022,the Queensbury Planning Board approved
the Project by approving Site Plan 37-2022, Freshwater Wetlands Permit 8-2022 and Special Use
Permit 2-2022, and
WHEREAS,the Town Board provided notice to AC Power that it would require a Payment
in Lieu of Tax (PILOT) Agreement for the Project in accordance with Real Property Tax Law
Section 487, and
WHEREAS,the Assessor has been negotiating the terms of a PILOT Agreement consistent
Regular Town Board Meeting, 04-17-2023, MTG913 287
with the terms set forth in the notice provided by the Town Board to AC Power, and
WHEREAS, the Town Board wishes to review and approve the terms of the PILOT
Agreement with AC Power based upon the terms negotiated by the Assessor at the Town Board's
direction,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby approves a PILOT Agreement for AC
Power 31 LLC associated with Tax Map Parcel Nos: 303.20-2-50 as delineated in the preambles of
this Resolution, and
BE IT FURTHER,
RESOLVED,that the Town Board authorizes and directs the Town Supervisor to execute
the PILOT Agreement in substantially the form presented at this meeting and in form acceptable
to the Town Supervisor, Town Assessor and Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk, Town Assessor, and/or Town Counsel to take any other actions necessary to effectuate
the intent and provisions of this Resolution.
Duly adopted this 17'h day of April, 2023, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES: None
ABSENT: Mr. Metivier
5.0 CORRESPONDENCE
TOWN CLERK BARBER-Supervisor's monthly report for Building and Codes for March,2023 has
been received and bled. An email received from Thomas Irish regarding proposed posting of
informational signs on Assembly Point has been received and on file in the Town Clerk's Office.
6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES)
No public comment.
7.0 TOWN BOARD DISCUSSIONS
COUNCILMAN FREER(WARD II)
• For those in Ward 1 wondering why Tony was not here for the Jenkinsville water briefing, I
would like to note for the record that Tony's absence this evening was long planned.
• Announced this is International Dark Sky Week, April 15'h through the 22nd,whereby turning
off our outside lights help bird migration.
Regular Town Board Meeting, 04-17-2023, MTG913 288
COUNCILMAN FERONE(WARD II1)
• Announced that in 2024 there will be a full eclipse of the Sun in Saranac Lake.
COUNCILMAN MCNULTY(WARD IV)
Shout out to our Adirondack Thunder Hockey team. Next series starts on Wednesday night
so go Thunder.
SUPERVISOR STROUGH
• Announced Saturday April 22nd Feeder Canal is doing a cleanup and if interested, meet at
Murray Park, 273 Main Street in Hudson Falls at 8:30 a.m.
• Announced the Warren County Household Hazardous Waste Collection will be held on
Saturday, April 22nd from 8-12pm at the Warren County DPW, 4028 Main Street,
Warrensburg. Also, on Saturday, August 26 h from 8-12pm, at the Town Highway
Department. They will not accept gas, munitions, automotive oil, batteries, asbestos,
pharmaceuticals, infectious waste or tires.
• Proclaimed that the Sister City relationship between Queensbury, City of Glens Falls and
SAGA City, Japan will be celebrated next week, a relationship of 35 years.
• Announced that the RCEC, Clean Energy Communities and Climate Smart Communities
Committees will be hosting a backyard compost bin and rain barrel sale. More details of that
can be found on the Town's website.
• Glens Falls will be celebrating Earth Day on Saturday and will have several events for the
public to participate.
• Stated that he received and read letter of resignation from Connie Tucker as President and
CEO of Bay Ridge Rescue Squad. I would like to acknowledge and thank her for her years
of contribution to the Emergency Services.
• Thanked Joe Barlow, Look TV, Town Counsel Bob Hafner, Town Clerk Caroline Barber,
Town Board and the public.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 170, 2023
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its
Special Town Board Meeting.
Duly adopted this 171h day of April 2023, by the following vote:
AYES: Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: Mr. Metivier
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER,RMC
TOWN CLERK
TOWN OF QUEENSBURY