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2016-04-18 MTG 13 REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 400 REGULAR TOWN BOARD MEETING MTG#13 APRIL 18, 2016 RES. 148-163 7:00 P.M. L.L. #3 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN DOUG IRISH COUCILMAN WILLIAM VANNESS TOWN COUNSEL ROBERT HAFNER, ESQ. TOWN OFFICIALS PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DOUG IRISH SUPERVISOR STROUGH-Called meeting to order. 1.0 PUBLIC HEARINGS PUBLIC HEARING—FINAL CONSOLIDATION AGREEMENT FOR CONSOLIDATION OF QUEENSBURY CONSOLIDATED WATER DISTRICT AND QUEENSBURY CONSOLIDATED WATER DISTRICT EXENSION NO. 51 PUBLICATION DATE: APRIL 8, 2016 PUBLIC HEARING OPENED NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING FINAL CONSOLIDATION AGREEMENT FOR CONSOLIDATION OF QUEENSBURY CONSOLIDATED WATER DISTRICT AND QUEENSBURY CONSOLIDATED WATER DISTRICT EXTENSION NO. 51 RESOLUTION NO.: 148, 2016 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, New York General Municipal Law Article 17-A authorizes water and sewer districts to consolidate into combined districts if such combination "shall be conducive to the public health, welfare, and convenience and be of special benefit to the lands of the districts," and WHEREAS, the Queensbury Consolidated Water District ("QCWD") was duly established by the Town Board and has been expanded by several extensions over the past 30 years, and REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 401 WHEREAS, occasionally, individual property owners outside the QCWD but with Town water supply in the immediate vicinity have wished to receive water from the District and have been purchasing water under contract with the Town as out-of-district users, and WHEREAS, by Final Order dated March 7th, 2016, the Town Board established the Queensbury Consolidated Water District Extension No. 51 to the QCWD to serve the proposed Maurice Combs Subdivision on 636 Corinth Road ("QCWDX"), and WHEREAS, water mains and fire hydrants and other capital improvements are planned to be constructed to serve the parcels within the QCWDX, provided the Developer receives all Town approvals for variances related to the proposed Subdivision, and WHEREAS, the Town Water Superintendent has studied whether it would be to the mutual benefit, and in the best interests of the customers each serves, to combine the QCWD and the QCWDX into one District, and determined that such a combination would create greater operating efficiencies, provide better service to the public each serves, and generate cost savings by avoiding duplication in administrative services, and WHEREAS, New York General Municipal Law Article 17-A requires endorsement of a Consolidation Agreement to commence proceedings to consolidate Districts, and WHEREAS, Town Counsel and the Town Water Superintendent have prepared a proposed Consolidation Agreement and provided it to the Town Board for its review, and WHEREAS, the Town Board adopted a Resolution on March 7th, 2016 endorsing the proposed Consolidation Agreement and scheduling a Public Hearing to hear public comments on the proposed Consolidation Agreement, and WHEREAS, after providing notice as required by General Municipal Law Article 17-A, the Town Board conducted a Public Hearing on the proposed Consolidation Agreement on Monday, April 18th 2016, and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to consolidate the QCWD and the QCWDX in accordance with General Municipal Law Article 17-A, NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. The Town Board hereby determines that consolidation of the QCWD and the QCWDX as described in the Consolidation Plan would be conducive to the public health, welfare, and convenience and be of special benefit to the lands of the Districts, approves the final Consolidation Agreement and authorizes the Town Supervisor to execute the Consolidation Agreement in substantially the form presented at this meeting. REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 402 2. The Town Board authorizes and directs the Town Supervisor, the Town Water Superintendent and the Town Clerk to take all actions necessary to effectuate this Resolution and the Consolidation Agreement. Duly adopted this 18th day of April, 2016 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT:None 1.2 PUBLIC HEARING — ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW OF 2016 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO ESTABLISH COMMERCIAL INTENSIVE EXIT 18 ZONING DISTRICT, RE-ZONE CERTAIN AREAS AND REVISE THE TOWN'S ZONING MAP PUBLICATION DATE: APRIL 8,2016 PUBLIC HEARING OPENED STEFANIE BITTER, ESQ.-I am here as local Counsel for Cumberland Farms. I apologize coming a little late to the party. Corporate had just reached out to me because they were notified of this public hearing and had just a couple of questions. As you know they own the parcel almost on the edge of this rezoning district. I think it is referred to as Parcel K in the rezoning study it is an existing convenience store. I just want to confirm that the convenience store use definition is not being modified with this rezoning change. SUPERVISOR STROUGH-No. MS. BITTER-So the use that Cumberland Farms has today will be a permitted use in this zone? SUPERVISOR STROUGH-Yes. MS. BITTER-It will just be permitted with a special use permit as opposed to just a site plan? SUPERVISOR STROUGH-I don't believe that the property that you are talking about is even within this zone. COUNCILMAN IRISH-Just within the zone it changes. MS. BITTER-So it is not actually.... SUPERVISOR STROUGH-It is just within this particular zone. COUNCILMAN VANNESS-It doesn't expand that far down. SUPERVISOR STROUGH-Is that Cumberland Farms property..... MS. BITTER-It is listed in this rezoning development CPA prepared and I believe that it is referred to as Parcel K. It is no longer in the rezoning district. SUPERVISOR STROUGH-Do you have the parcel number? MS. BITTER-309.14-1-80. SUPERVISOR STROUGH-Yes, 309.14-1-80 is included in this zone. COUNCILMAN VANNESS-It is not going to any effect on the existing buildings and properties that are there? REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 403 MS. BITTER-Right, their concern is only in the future when they go to raise and rebuild what impact is it going to have relative to that redevelopment project. Right now as it is defined with the new rezoning it is now going to require a special use permit as opposed to just site plan review. SUPERVISOR STROUGH-Do you mean if they want to expand or improve it? MS. BITTER-Correct. SUPERVISOR STROUGH-Because the allowed uses right now are amusement center, bank, business service, convenience store. MS. BITTER-Correct. SUPERVISOR STROUGH-I mean they are all there. MS. BITTER-They are allowed it is just under special use permit. SUPERVISOR STROUGH-Yeah. If there was a new convenience store being proposed for this it would have to go through the special use permit, but there is one already existing right? MS. BITTER-Correct. I apologize, I reached out to Craig Brown and wasn't able to connect. If it maintains its dimensions it is going to be allowed. If it is expanded then it goes into the criteria of requiring a special use permit? SUPERVISOR STROUGH-How would that work Bob if it is going to be expanded, but already a use that is an allowed use? COUNCILMAN IRISH-It is allowed with special use permit. ATTORNEY HAFNER-It is allowed with a special use that is what the SUP is. Special Use Permit is what it says. SUPERVISOR STROUGH-What if they wanted to add five hundred (500) square feet onto to the store? ATTORNEY HAFNER-I think they would have to go through the special use permit. You are changing what they have. Grandfathering would be where it currently is I would think. MS. BITTER-That is how I understand it. ATTORNEY HAFNER-But, that is really a question for Craig as our Code Enforcement Officer to answer. MS. BITTER-The other question I have is relative to the architectural elements. Are those just guide lines or are they criteria that will need waivers if they can't be met? SUPERVISOR STROUGH-They are pretty much the same guide lines that have been in this area. MS. BITTER-Okay so no waivers will be required by the Planning Board? SUPERVISOR STROUGH-Not for your project. MS. BITTER-I am just speaking for example one of them is about the facade to incorporate regular pattern of windows.... SUPERVISOR STROUGH-It is the same language that is in the Main Street Program that Cumberland Farms was in. REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 404 COUNCILMAN METIVIER-You guys started that program, Cumberland Farms was the first one to come in. MS. BITTER-Those were my questions. Thank you very much. SUPERVISOR STROUGH-Any other members of the public wish to speak about the proposed zone. JOHN SALVADOR-Will you be accepting comments on the SEQRA Negative Declaration? SUPERVISOR STROUGH-If you have a comment I believe now is the time to bring it forward. MR. SALVADOR-The Town's Part II of the Full Environmental Assessment Form Identification of Potential Project Impacts. Specifically Section 3, Impacts on Surface Water. More specifically sub section 3k. The proposed action may require the construction of new, or expansion of existing, wastewater treatment facilities. On your application for impacts on surface water you have checked no. Yet every single one of the items that you are to consider has relevant Part I questions associated with it. SUPERVISOR STROUGH-There is no specific project involved here John. MR. SALVADOR-There is a project involved here. SUPERVISOR STROUGH-Not before us tonight we are changing the zoning. MR. SALVADOR-It could have detrimental impacts.... SUPERVISOR STROUGH-It could have when those projects come before the Planning Board. They will deal with that. MR. SALVADOR-No you are dealing with the subject of impact on surface water in general. Of course, we know the impact is going to be on the Hudson River. The wastewater from all of this development is envisioned to flow through the City's combined sewer system to its treatment plant. In the event of a storm event, it will be discharged directly to the Hudson River. That is a fact. One of the questions asked here the proposed action may create turbidity in a waterbody. Have you ever seen when they open the flood gates in a storm event the turbidity of that water in the river. SUPERVISOR STROUGH-We did a sewer study in the area. We have the capacity for the area. The City has the capacity to treat the effluent coming from any even worse case scenarios from this area. MR. SALVADOR-Not at all times. SUPERVISOR STROUGH-The City is working under a multi-year remediation plan to assure that less of the outflow of raw sewage does occur. They do have the ability to treat all the wastewater being put into the system by any project in this area. MR. SALVADOR-Providing it is not raining and the snow isn't melting. Also their remediation plan is dependent highly on getting grants. You know that is a come and go situation. Is there any appreciation for the fact that the Town might have to participate in the expansion of that wastewater treatment plant someday? SUPERVISOR STROUGH-We do right now so we will continue participating with the City. MR. SALVADOR-I am talking about capital costs. SUPERVISOR STROUGH-We do contribute to capital costs. Anybody else like to speak to the Board, have questions to the Board about the proposed Exit 18 Zone. Seeing none any further thoughts by the Town Board? Bob will you lead us through SEQRA. REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 405 TOWN COUNSEL HAFNER-Sure. FULL ENVIRONMENTAL ASSESSMENT FORM PART 2—INDENIFICATION OF POTENTIAL PROJECT IMPACTS 1. Impact on Land Proposed action may involve construction on, or physical alteration of, the land surface of the proposed site. (See Part 1.D.1) If"Yes", answer questions a-j. If"No", move on to Section 2. _X No Yes 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, minerals, fossils, caves). (See Part 1. E.2g) If"Yes", answer questions a-c. If"No", move on to Section 3. X No Yes 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If"Yes", answer questions a-l. If"No", move on to Section 4. X No Yes 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If"Yes", answer questions a-h. If"No", move on to Section 5. X No Yes 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. (See Part 1.E.2) If"Yes", answer questions a-g. If"No", move on to Section 6. X No Yes 6. Impacts on Air The proposed action may include a state regulated air emission source. (See Part 1.D.2.f., D,2,h, D.2.g) If"Yes", answer questions a-f. If"No", move on to Section 7. X No Yes 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1.E.2 m-q.) If"Yes", answer questions a-j. If"No", move on to Section 8. _X No Yes 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a. and b.) If"Yes", answer questions a-h. If"No", move on to Section 9. X No Yes 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1.E.1.A, E.Lb, E.3.h). If"Yes", answer questions a-g. If"No", go to Section 10. X No Yes 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological resource. (Part 1.E.3.e, f. and g.) If"Yes", answer questions a-e. If"No", go to Section 11. X No Yes 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a reduction of an REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 406 open space resource as designated in any adopted municipal open space plan. (See Part 1.C.2.c, E.1.c., E.2.q.) If"Yes", answer questions a-e. If"No", go to Section 12. X No Yes 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical environmental area (CEA). (See Part 1.E.3d) If"Yes", answer questions a-c. If"No", go to Section 13. X No Yes 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. (See Part 1.D.2.j) If"Yes", answer questions a-g. If"No", go to Section 14. X No Yes 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. (See Part 1.D.21) If"Yes", answer questions a-e. If"No", go to Section 15. X No Yes 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. (See Part 1. D.2.m., n., and o.) If"Yes", answer questions a-f. If"No", go to Section 16. X No Yes 16. Impact on Human Health The proposed action may have an impact on human health from exposure to new or existing sources of contaminant. (See Part 1.D.2.q., E.l.d.f.g. and h.) If"Yes", answer questions a-m. If"No", go to Section 17. X No Yes 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. (See Part 1.C.1, C.2. and C.3.) If"Yes", answer questions a-h. If"No", go to Section 18. X No Yes 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. (See Part 1.C.2, C.3, D.2, E.3) If"Yes", answer questions a-g. If"No", proceed to Part 3. X No Yes RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW NO.: 3 OF 2016 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO ESTABLISH COMMERCIAL INTENSIVE EXIT 18 ZONING DISTRICT,RE-ZONE CERTAIN AREAS AND REVISE THE TOWN'S ZONING MAP RESOLUTION NO. 149, 2016 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2016 to amend and add provisions to Queensbury Town Code Chapter 179, entitled "Zoning" in order to: (1) establish a new zoning district, to be designated the "Commercial Intensive Exit 18 (CI-18)" Zoning District; (2) re-zone certain areas near Exit 18 of the Northway to the new CI-18 Zoning District; and(3)revise the Town's official Zoning Map accordingly, and REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 407 WHEREAS, on or about April 141h, 2016, the Warren County Planning Department considered the proposed Local Law and determined that there would be no County impact, and WHEREAS, before the Town Board may amend, supplement, change, or modify the Town's Zoning Law and official Zoning Map, it must hold a Public Hearing in accordance with the provisions of the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and WHEREAS, the Town Board duly conducted a Public Hearing on Monday, April 18th, 2016 concerning proposed Local Law No. 3 of 2016, heard all interested parties and closed the Public Hearing, and WHEREAS, the Town Board has considered the conditions and circumstances in the area that would be included in the proposed re-zoning, and WHEREAS, the Town Board, as Lead Agency for the environmental review required under the State Environmental Quality Review Act (SEQRA), has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of proposed Local Law No. 3 of 2016 and found that no significant adverse environmental impacts are expected to result, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2016 as presented at this meeting, hereinafter referred to as the"legislation," NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed legislation will not have any significant adverse environmental impact and a SEQRA Negative Declaration is hereby made, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk and/or the Town Zoning Administrator to prepare, file and publish a SEQRA Negative Declaration - Notice of Determination of Non-Significance with respect to the legislation, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and adopts Local Law No.: 3 of 2016 to amend and add provisions to Queensbury Town Code Chapter 179, entitled "Zoning" to: (1) establish a new zoning district, designated the "Commercial Intensive Exit 18 (CI-18)" Zoning REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 408 District; (2) re-zone those certain parcels of property located in areas near Exit 18 of the Northway and identified in the Local Law by their Tax Map Numbers from their present zoning designations to the new Commercial Intensive Exit 18 (CI-18) Zoning District; and (3) revise the Town's official Zoning Map accordingly, all substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to submit approved Local Law No. 3 of 2016 and the official Town Zoning Map, as amended, to the New York State Secretary of State for filing, in accordance with the provisions of the Municipal Home Rule Law, and acknowledges that the Local Law will take effect upon filing by the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution and a copy of approved Local Law No. 3 of 2016 and the Town's official Zoning Map as amended to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department in accordance with §179-15- 080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that the Town Clerk, Town Zoning Administrator, and/or Town Counsel are hereby authorized and directed to take any other actions necessary to effectuate the intent and provisions of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately. Duly adopted this 18th day of April, 2016, by the following roll call vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT :None LOCAL LAW NO.: 3, OF 2016 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO ESTABLISH COMMERCIAL INTENSIVE EXIT 18 (CI-18) ZONING DISTRICT, RE-ZONE CERTAIN AREAS AND REVISE THE TOWN'S ZONING MAP ACCORDINGLY BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS. REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 409 Section 1. Intent; Authority — The Town Board seeks to facilitate appropriate commercial development and redevelopment in the area in the immediate vicinity of Exit 18 of the Adirondack Northway. The Town Board wishes to amend language and requirements to establish the Commercial Intensive Exit 18 (CI-18) zoning. This Local Law is adopted pursuant to New York Municipal Home Rule Law. Section 2. Amendment of Zoning Law — Chapter 179 of the Queensbury Town Code, entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as follows: A. Section 179-2-010, entitled "Definitions and word usage" is amended to add a new definition in subsection (C) as follows: C. DEVELOPER'S AGREEMENT - Any written agreement entered into between the Town of Queensbury and any developer(s) pursuant to this Code which sets forth the rights and obligations of each party regarding development of any real property which is subject to regulation and one or more approvals issued by the Town of Queensbury. The purpose of such Developer's Agreement shall be to establish, in writing and for the benefit of all parties, the specific parameters, conditions and requirements of any approval(s) granted by the Town and upon which the developer(s)/applicant(s) may rely in proceeding to arrange the financing and construction of the approved project, including any public improvements and/or land dedications required in connection therewith. B. Section 179-7-030, entitled "Specific Design Standards," subsection (A) "Commercial," is amended to add a new subsection (2)(e) as follows: A. Commercial. (2) The following list includes all commercial districts within the Town of Queensbury. See the Zoning Map for district boundaries. (a) Commercial Intensive. (b) Commercial Moderate. (c) Office. (d) Neighborhood Commercial. (e) Commercial Intensive—Exit 18 (CI-18). C. (1) Section 179-3-040, entitled "Establishment of zoning districts" is amended to add a new subsection (13)(8) as follows and the official Town Zoning Map is modified accordingly: REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 410 (B) Commercial Districts. (8) Commercial Intensive Exit 18 (CI-18) The CI-18 District comprise that area of Queensbury that already has intense commercial development proximate to the Exit 18 Interchange with US Interstate 87 (Adirondack Northway). The purpose of this district is to provide for flexible development opportunities on key sites, creating economic development while encouraging the overall improvement and appearance of these areas, including attractive building designs and enhanced pedestrian access. (a) Uses allowed. A complete list of uses allowed in the CI -18 District is set forth on Table 3 of this chapter. Uses not listed in Table 3 are not allowed. (b) All uses in this district must comply with the requirements of Table 1 of this chapter and as follows (Note that all are minimum requirements except building height which is the maximum restriction): [1] Minimum lot size: one acre. [2] Minimum front yard setback: 50 feet as measured from the road centerline. See related building height below. See also subsection (9) below relating to front setbacks and building height limits. [3] Side yard setback: 20 feet minimum, with a minimum total of 50 feet both sides. However, parcels adjacent to residential uses shall require a minimum 50' side setback which shall include at least a 25' vegetated buffer. [4] Rear yard setback: 25 feet. However, parcels adjacent to residential uses shall require a minimum 50' rear yard setback which shall include at least a 25' vegetated buffer. [5] Shoreline/stream/wetland: 75 feet. [6] Lot width: 150 feet. [7] Lot depth: 200 feet. [8] Road frontage: 50 feet. [9] Building height: Building heights shall be a maximum of 40 feet with the build-to setback of 50 to 75 feet as measured from the road centerline. Building heights may increase to a maximum of 55 feet with a build to setback of 75 to 100 feet as measured from the road centerline and a maximum of 70 feet with a build to setback of 100 feet or greater as measured from the road centerline. [10] Percent permeable: 30%. REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 411 [11] Percent landscaped: 30%. (2) The official Town Zoning Map is hereby amended to reflect a change of zone for 27 parcels of property near the intersection of Interstate 87 and Corinth Road/Main Street (Exit 18 of the Adirondack Northway) from their current zoning designation to Commercial Intensive Exit 18 (CI-18), such properties bearing Tax Map Parcel numbers as follows: 309.14-1-89.2 309.14-1-86.2 309.14-1-86.12 309.14-1-94 309.14-1-86.11 309.14-1-78 309.14-1-79 309.14-1-80 309.14-1-81 309.14-1-82 309.14-1-89.1 309.14-1-90.1 309.14-1-91 309.13-1-73 309.13-1-74 309.13-2-1 309.13-2-2 309.13-2-3 309.13-2-4 309.13-2-5 309.13-2-6 309.13-2-7 309.13-2-8 309.13-2-9 309.14-1-4 309.14-1-5 309.14-1-6 REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 412 D. Section 179-7-050, entitled "Commercial Intensive (CI) and Commercial Moderate (CM) Zones," is hereby amended to read as follows: §179-7-050 Commercial Intensive (CI), Commercial Intensive Exit 18 (CI-18) and Commercial Moderate (CM Zones). E. Section 179-7-050, entitled "Commercial Intensive (CI), Commercial Intensive Exit 18 (CI-18) and Commercial Moderate (CM) Zones," subsection (A) "Design Districts," is amended to add a new subsection (5) as follows: A. Design Districts. (5) Commercial Intensive Exit 18 District. Properties proximate to the US Interstate 87 (Adirondack Northway) Exit 18 Interchange. This area includes several key vacant and redevelopment sites that have excellent access to Corinth Road and the Adirondack Northway. Future development of this district is intended to maximize economic development opportunities. Multiuse, large- and small-scale office, and hotels, with supporting retail developments are preferred. To help offset any potential traffic issues new entrances shall align with existing intersections. For buildings situated along roadways, parking along the side of the building and/or internal to the site is preferred as well. Strong pedestrian access shall be incorporated into all site design and provide connectivity the Main Street District. Section 8. Section 179-7-050, entitled "Commercial Intensive (CI), Commercial Intensive Exit 18 (CI-18) and Commercial Moderate (CM) Zones," subsection (C) "Architectural Elements," is amended to add a new subsection (3) as follows: C. Architectural Elements. (3) Commercial Intensive Exit 18. (a) As illustrated by Figure 1, multiple principal buildings and/or infill development is encouraged on individual sites. Editor's Note: Figure 1 is located at the end of this chapter (b) Traditional and/or varied rooflines should be used to add interest to and reduce the massive scale of large buildings. This may include flat roofs, steeply pitched, gabled, and/or dormered roofs with appropriately scaled overhangs and/or cornice details. (c) Design features shall be used to conceal rooftop equipment from public view at the street level (note this does not include views from Interstate 87). (d) Buildings shall incorporate design elements such as wall offsets, material, and colors to reduce their perceived mass and maintain a pedestrian scale. Buildings shall incorporate appropriately scaled features that express architectural or structural elements (cornices, lintels, columns, frieze, etc.). These features may REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 413 be incorporated into doorways, windows, and along rooflines. Large blank walls along primary and secondary streets, pedestrian spaces, or internal parking areas are prohibited. Figure 1 provides several preferred design examples. Editor's Note: Figure 1 is located at the end of this chapter (e) Facades should incorporate a regular pattern of windows on the ground and upper floors. Street level windows should allow views into the ground story. For retail uses along roadways a majority of the ground floor (as measured by a percentage of the overall wall area) shall be transparent. (f) Each principal building on a site shall have clearly defined, highly visible entrance(s). In order to fulfill this requirement entrances may include the following design features: [1] Canopies or porticos. [2] Overhangs. [3] Recesses/Projections. [4] Arcades. [5] Raised corniced parapets over the door. [6] Peaked roof forms. [7] Arches. [8] Outdoor patios. [9] Display windows. [10] Architectural details such as tile work and moldings which are integrated into the building structure and design. [11] Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. (g) Buildings should have multiple entrances that are thoughtfully spaced and pedestrian-oriented. All sides of a principal building that directly face an abutting public or private right-of-way shall feature at least one customer entrance. Where a principal building directly faces more than two abutting public or private rights-of-way, this requirement shall apply only to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a secondary street. (h) The Location of building entrances should reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenience where certain entrances offer access to individual stores, or identified departments in a store. Multiple entrances also mitigate the effect of REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 414 the unbroken walls and neglected areas that often characterize building facades that face bordering land uses. (i) The number of entrances for the principal building shall be addressed at site plan review. Where additional stores will be located in the principal building, each such store shall have at least one exterior customer entrance, which shall be in accordance with sub-sections `f through `h' above.. (j) The use of high-quality, traditional building materials (or faux composites) is encouraged (masonry, wood, metals, etc.). (k) Predominant exterior building materials as well as accents shall not include the following: [1] Smooth-faced concrete block. [2] Concrete panels. [3] Prefabricated steel panels. The Planning Board may consider the use of these materials in areas that will not be viewed by the public (e.g., service and delivery entrances, etc.). (1) Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash dumpsters, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape. F. Section 179-10-070, entitled "Specific Standards," is amended to add a new subsection (AB) as follows: AB. All uses in the CI-18 Zone/District. In addition to the application requirements for Special Use Permit as identified in 179-10- 040 all applicants for new or modified uses in the CI-18 District shall provide the following: (1) A schematic plan depicting the floor area of all proposed uses. The plan shall include a description of the planned uses utilizing the Institute of Transportation Engineers (ITE) Land Use Codes as contained in the latest edition of the ITE Trip Generation Manual (or a similar successor publication). (2) An estimate of the trip generating characteristics of the planned uses utilizing the note ITE reference. Should a project not fall within an ITE Land Use Code, documented trip generating characteristics of sufficient sample size may be substituted subject to the approval of the Town Engineer. REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 415 (3) A traffic impact analysis (or traffic study) shall be prepared consistent with generally accepted industry practices (including ITE and NYSDOT guidelines). The NYSDOT Highway Design Manual Chapter 5 shall serve as the standard. The Town and/or its designees may stipulate the form, scope and content of the analysis. (4) Applicants are required to comply with the Exit 18 Rezone [Traffic] Study dated February 2016 as prepared by CHA in preparing the project traffic study, as noted below in sections (a), (b) and (c). Applicants are subject to the following conditions: (a) Access to Big Boom Road, Big Bay Road, Main Street, Corinth Road and impacts to roadways shall be provided consistent with the Exit 18 Rezone [Traffic] Study. (b) Site specific access and intersection improvements as described in the Exit 18 Rezone study shall be completed by individual applicants where the project is contributing traffic to an affected intersection. The Town's engineer shall advise the Planning Board, during its review process and before it issues any approvals, about which improvements the applicant should be required to construct. (c) Where the trip generating characteristics of a proposed project exceed those contemplated and examined in the Exit 18 Rezone [Traffic] Study, the project applicant may be required to reduce the size or scale of the project so as to reduce the trip generating characteristics of the project. (5) The Town may utilize a Developer's Agreement to memorialize the conditions of approval The purpose of such development agreement shall be to establish, in writing and for the benefit of both parties, the specific parameters, conditions and requirements of the approval which has been granted by the Planning Board and upon which the applicant may rely in proceeding to arrange the financing and construction of the planned development, including any public improvements and/or land dedications required in connection therewith. G. Article 12A entitled "Planned Commercial/Industrial Development (PCID)," §179-12A-010, entitled "Intent and Objectives," subsection (A) "Intent," is amended at subsection (3) as follows: (3) PCIDs are allowed only in the following zoning districts: Commercial Light Industrial, Heavy Industrial, Enclosed Shopping Center, Commercial Intensive and Commercial Intensive Exit 18. H. Article 12A entitled "Planned Commercial/Industrial Development (PCID)," §179-12A-020, entitled "General Requirements," subsection (B) is amended to read as follows: B. Minimum area. The minimum area for a PCID shall be 50 contiguous acres of land in all districts but for the Commercial Intensive Exit 18 District where the minimum lot area shall be 5 acres. The Town Board may consider projects of REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 416 lesser acreage where the applicant can demonstrate that the characteristics of his holdings meet the purposes and objectives of this article. L Article 12A entitled "Planned Commercial/Industrial Development (PCID)," §179-12A-030, entitled "Considerations," is amended to read as follows: In determining whether a planned unit development (including a PCID) should be allowed, particularly with regard to the intensity of land use, the Town Board shall consider the following factors. J. Table 1, entitled "Table of Area Requirements" is amended as set forth in the attachment to this Local Law. K. Table 3, entitled "Summary of Allowed Uses in Commercial Districts" is amended as set forth in the attachment to this Local Law. Section 3. The map appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map. Section 4. Severability — The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 5. Repealer — All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. Section 6. Effective Date — This Local Law shall take effect upon filing by the office of the New York State Secretary of State or as otherwise provided by law. ATTACHMENTS TO LOCAL LAW NO. 3, 2016 IN LOCAL LAW FILE IN TOWN CLERKS OFFICE PUBLIC HEARING CLOSED 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT 3 MINUTES) GEORGE WINTERS-Spoke regarding Resolution Authorizing Settlement of Property Assessment Cases filed by Lukoil North American, LLC and Golub Properties, Inc. and Resolution Authorizing Appointment of Colleen Rathbun as Deputy Town Clerk III. MAKYAH DARRISAW-Spoke regarding Resolution Establishment of Records Restoration Capital Project Fund #210 and Engagement of 1) General Code for Document Management Solution Scanned Image Processing Services; and 2) Image Data for Large Format Scanning Services. JOHN SALVADOR-Spoke regarding Resolution Authorizing Purchase of 2017 Western Star 4700SF Chassis and Related Plow Equipment for Use by Town Highway Department. 3.0 RESOLUTIONS REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 417 RESOLUTION AUTHORIZING SALE OF OBSOLETE 1991 STOW ROLLER TO KINGSBURY HIGHWAY DEPARTMENT RESOLUTION NO.: 150,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Queensbury Town Board that a 1991 one-ton Stow Roller (Town Asset #3218 and VIN #24677- 602)previously used by the Highway Department is no longer needed or obsolete, and WHEREAS, in accordance with New York State Town Law §64(2), the Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Highway Superintendent has requested Town Board authorization to sell such Roller to the Town of Kingsbury Highway Department for$1, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town's sale of a 1991 one-ton Stow Roller (Town Asset #3218 and VIN #24677-602) previously used by the Highway Department which is no longer needed by the Town or obsolete, and of no material value, to the Town of Kingsbury Highway Department for $1, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Superintendent and/or Town Budget Officer to take all actions needed to effectuate the terms of this Resolution. Duly adopted this 18th day of April, 2016, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF 2017 WESTERN STAR 4700SF CHASSIS AND RELATED PLOW EQUIPMENT FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 151,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 418 SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Highway Superintendent has requested Town Board approval to purchase a chassis and related plow equipment, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback" off an existing County Bid and therefore in this instance, the Town of Queensbury is "piggybacking" with Oneida County Bid #1827 for the 2017 Western Star 4700SF Chassis, and Oneida County Bid#1816 for the plow equipment, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway Superintendent's purchase of a 2017 Western Star 4700SF Chassis for the amount of$105,428 from New York Truck Equipment and the related plow equipment from Tenco Industries, Inc., for the amount of$84,427 to be paid from Heavy Equipment Account No.: 04-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such purchases shall be by a transfer of$189,855 from the Highway Fund's undesignated, unassigned fund balance to Heavy Equipment Account No.: 04-5130-2040 and the Town Budget Officer shall amend the 2016 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of April, 2016, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 419 ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF STORED TECHNOLOGY SOLUTIONS, LLC FOR INSTALLATION AND IMPLEMENTATION OF SECURITY SYSTEM RESOLUTION NO.: 152,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 318,2014, the Queensbury Town Board authorized a 24 month Agreement between the Town of Queensbury and Stored Technology Solutions, Inc., (Stored Tech) for the continued provision of professional information technology services, and WHEREAS, the Town of Queensbury's Purchasing Agent and/or Facilities Manager requested proposals for the installation and implementation of an electronic security system at the Town Offices and Activities Center (Project) and received and reviewed three (3) proposals, and WHEREAS, the lowest quote received by the Town required additional work from a second vendor, which resulted in the total cost being higher than the Town's second lowest received quote, and WHEREAS, the Purchasing Agent and Facilities Manager have therefore recommended that the Town Board accept the second-lowest proposal of Stored Tech dated October 30, 2015 for the amount of $65,171.62 as Stored Tech has been the Town's provider of information technology services for approximately two years and therefore has the skill, expertise and an established familiarity and comfort level with the Town's building infrastructure, and WHEREAS, the Town Board wishes to authorize a withdrawal and expenditure in the total estimated amount of $65,172 from Capital Reserve No. 64 toward the specific facility security system/infrastructure upgrades and equipment, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Reserve #64 subject to permissive referendum, REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 420 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the specific security systems capital project and expenditures in the total estimated amount of$65,172 to be funded from the Town's Capital Reserve#64, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Stored Technology Solutions, Inc., (Stored Tech) for professional services in accordance with Stored Tech's October 30, 2015 Quote for an amount not to exceed $65,171.62 and authorizes and directs the Town Supervisor to sign any needed Agreement and/or documentation to effectuate the Town's engagement of such services, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer from Reserve No.: 64 in the amount of$65,172 to fund such Project and hereby increases appropriations in: • Expense Account No.: 203-1620-2899 in the amount of$65,172 — Capital Construction and 001-9950-9030-0064 — Transfer to Capital Project in the amount of $65,172 and estimated revenues in Account No.: 203-0000-55031 in the amount of$65,172; and BE IT FURTHER RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for such Project are expenditures for a specific capital project for which the Reserve Account was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Facilities Manager and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 18th day of April, 2016, by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 421 NOES : None ABSENT : None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE PARK COMMISSION IN CONNECTION WITH BOAT LAUNCH INSPECTION AND BOAT WASH SYSTEM RESOLUTION NO.: 153,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Lake George Park Commission (LGPC) has implemented a Lake George boat launch inspection and boat wash program as part of its efforts to inspect and wash boats in an effort to kill and contain invasive species, and has requested that the Town of Queensbury partner with LGPC and other municipalities to assist with the procurement and acquisition of essential program equipment and support services and associated administrative expenses by contributing $30,000, and WHEREAS, by prior Resolution the Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding in the requested amount of $30,000, with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and LGPC has been presented at this meeting, and NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 422 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the funding toward the aforedescribed boat launch inspection and boat wash program and the coinciding Agreement between the Town and the Lake George Park Commission (LGPC) substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding not exceeding the sum of$30,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410- 4412, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that unallocated occupancy tax funds are available from Warren County, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to amend the Town Budget and take all actions as may be necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Budget Officer taking such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of April, 2016, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 67,2016 REGARDING ELECTRONICS RECYCLING SERVICES FEE SCHEDULE RESOLUTION NO.: 154,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 67,2016, the Queensbury Town Board accepted the Computer and Electronics Recycling Proposal with Evolution Recycling, Inc., and adopted an E- waste Fee Schedule for the Town of Queensbury/City of Glens Falls Transfer Stations as follows: Charges for CRTs and flat panel units: 1 to 20 pounds - $ 3 REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 423 21 to 40 pounds - $ 6 41 to 65 pounds - $10 65+ pounds - $15 -No charges for all other electronic waste WHEREAS, the Town Board wishes to amend the Fee Schedule, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 67,2016 such that the E-waste Fee Schedule for the Town of Queensbury/City of Glens Falls Transfer Stations shall be as follows: Charges for CRTs and flat panel units: 1 to 20 pounds - $ 3 21 to 40 pounds - $ 6 41 to 65 pounds - $10 66 to 100 pounds - $15 101 to 165 pounds - $25 166+ pounds $30 -No charges for all other electronic waste and BE IT FURTHER RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 67, 2016 in all other respects. Duly adopted this 18th day of April, 2016, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON DRAFT AMENDMENT TO TOWN OF QUEENSBURY COMPREHENSIVE PLAN RESOLUTION NO. 155,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 424 SECONDED BY: Mr.Anthony Metivier WHEREAS, the Comprehensive Plan for the Town of Queensbury, adopted in 2007, includes recommendations to guide land use in the Town of Queensbury, and WHEREAS, among other recommendations, the Comprehensive Plan recommends that businesses in certain areas of Town not be allowed to have"drive-through" service windows, and WHEREAS, the Town Board recognizes that in the nine years since the Comprehensive Plan was adopted, more businesses have begun using "drive-through" windows and facilities throughout the country to provide their customers with fast and convenient service in their vehicles, which can be especially important in inclement weather and for customers who have impaired mobility or other debilitating conditions or contagious illnesses, and WHEREAS, the Town Board believes that allowing drive-through windows in some areas of the Main Street zoning district under certain prescribed conditions may be appropriate, and WHEREAS, the Comprehensive Plan also contains certain recommendations to apply the Main Street Plan to Dix Avenue, which now seems unsuitable, impractical and inadvisable with respect to Dix Avenue, and WHEREAS, the Town Board is considering amending the Comprehensive Plan remove the current recommendation against "drive through"windows and facilities in certain areas of the Town and to remove the recommendations to apply the Main Street Plan to Dix Avenue and related references, and WHEREAS, a draft of an Amendment to remove the above-referenced recommendations and references from the Comprehensive Plan has been prepared and presented at this meeting, and WHEREAS, the Town Board wishes to receive comments, recommendations and suggestions from the public as the draft Amendment to the Comprehensive Plan is further developed and refined, and REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 425 WHEREAS, in accordance with New York State Town Law §272, a Public Hearing must be held in order to assure full opportunity for public participation in the preparation of the draft Amendment to the Comprehensive Plan, 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 2"d 2016 to hear all interested persons and take any necessary action provided by law concerning the draft Amendment to the Town of Queensbury Comprehensive Plan, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide at least 10 days' notice of the Public Hearing by publishing the Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Clerk is authorized and directed to make a copy of the draft Amendment to the Comprehensive Plan available for public review and inspection in the Town Clerk's Office during regular business hours, and the Town Zoning Administrator is authorized and directed to post copies of the Notice of Public Hearing and the draft Amendment to the Comprehensive Plan on the Town's web site as soon as reasonably possible. Duly adopted this 18th day of April, 2016, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PROPERTY ASSESSMENT CASES FILED BY LUKOIL NORTH AMERICA,LLC AND GOLUB PROPERTIES,INC. RESOLUTION NO.: 156,2016 REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 426 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Lukoil North America, LLC and Golub Properties, Inc. (collectively "Petitioner"), filed Article 7 Real Property Assessment Review cases against the Town in 2012, 2013 and 2014 challenging the 2012, 2013 and 2014 assessments on its property located at 538 Aviation Road, more specifically identified by its Tax Map Number: 302.5-1-94, and WHEREAS, it appears to be in the best interests of the Town to avoid the significant costs that would result if the litigation continues and goes to trial, and WHEREAS, the Town Assessor recommends proposed settlement terms which have been negotiated with Petitioner, and WHEREAS, it is anticipated that the Queensbury Union Free School District will accept the proposed settlement terms, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the proposed settlement of the assessment cases filed by Lukoil North America, LLC and Golub Properties, Inc. for 2012, 2013 and 2014 as follows: 1) The assessed value for the 2013 and 2014 assessment years shall be reduced to $205,000; 2) Refunds shall be paid based upon the reductions to the 2013 and 2014 assessed values; 3) The Proceedings challenging the 2012, 2013 and 2014 assessments shall be discontinued; and 4) Section 727 of the Real Property Tax Law shall not apply; and BE IT FURTHER, RESOLVED, that unless otherwise ordered by the Court, refunds based upon the reductions of the 2013 and 2014 assessments shall be paid without interest provided they are paid within sixty (60) days after Petitioner serves a copy of the filed Court Order approving the REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 427 settlement, with Notice of Entry, on the Town and on the Warren County Treasurer, together with the necessary Demand for Payment, and BE IT FURTHER, RESOLVED, that approval of this Settlement Agreement is contingent upon Town Counsel's review and approval of the Stipulation of Settlement and Order; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Clerk and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 18th day of April, 2016, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF SHARON HARRIS LOWELL AND WILLIAM MANNEY AS TEMPORARY, SEASONAL LABORERS IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO. :157,2016 INTRODUCED BY Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire two (2)temporary, seasonal Laborers to work for the Town's Highway Department, and WHEREAS, funds for such positions have been budgeted for in the Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Sharon Harris Lowell and William Manney to work as a temporary, seasonal Laborers for the Town Highway Department commencing on or about May 2"d 2016 and concluding on or about October REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 428 2811i 2016, subject to successful completion of pre-employment physicals and drug and/or alcohol screenings and the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that such Temporary, Seasonal Laborers shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 36, 2016 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of April, 2016, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF EMERICK ASSOCIATES,INC. FOR PROVISION OF DESIGN AND INSTALLATION SERVICES RELATED TO THE GURNEY LANE POOL CIRCULATION PUMP PROJECT RESOLUTION NO.: 158,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Parks and Recreation Director (Director) and Recreation Commission have advised that certain design and installation services are needed at the Gurney Lane Pool, and WHEREAS, Emerick Associates, Inc., (Emerick) has provided previous repair and installation services at the Gurney Lane Pool, and WHEREAS, the Town of Queensbury's Parks and Recreation Director (Director) and Recreation Commission have therefore recommended that the Town Board authorize engagement of Emerick for provision of design and installation services related to the replacement of the Gurney Lane Pool circulation pumps, such repairs/improvements described as follows: REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 429 1. Purchase and installation of a new 15 hp circulation pump and necessary, related services to replumb; 2. Installation of a new variable speed drive (VSD) to provide proper water pressure service to the pool house—current pressure cannot meet peak demand; 3. Repair and installation of a 5 hp trash pump and necessary, related services to replumb; 4. Electrical service upgrades in water service pit to meet code and related service to water pumps; 5. Disconnect and inspect two, failed pressure tanks and adjust pump components to utilize one pressure tank; and for an amount not to exceed $19,500 as delineated in Emerick's March 16, 2016 Proposal, and WHEREAS, Emerick has provided previous repair and installation services at the Gurney Lane Pool and has the needed familiarity and expertise, and therefore, for these reasons, the Town Board wishes to waive the Town Purchasing Policy's two (2) quotes, self-imposed bidding requirement in this instance, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Reserve Fund No. 61 (Fund#61) for future capital projects, and WHEREAS, by Resolution No.: 107,2016, the Town Board authorized, in part, the withdrawal and expenditure of $15,000 from Fund #61 toward the needed improvements at the Gurney Lane Pool, and WHEREAS, the original estimate of $15,000 will be exceed by $4,500 and therefore the Town Board wishes to authorize the withdrawal and expenditure of$4,500 from Fund#61, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 430 RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2)written quotes, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Emerick Associates, Inc., for provision of design and installation services related to needed improvements to the Gurney Lane Pool circulation pumps for an amount not to exceed $19,500 as delineated in Emerick's March 16, 2016 Proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a transfer of appropriations in the amount of $4,500 from Recreation Reserve Fund #61 to Appropriation 001-9950-9030-0061 Transfer to Capital Fund, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes an increase in Revenue in Account 157-0000-55031 Interfund Revenue in the amount of$4,500 and an increase in Appropriation 157- 7110-2899 Capital Construction for$4,500, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment of up to $19,500 shall be paid to Emerick from 157-7110-2899 Capital Construction, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the design and installation services needed for the Gurney Lane Recreation Area Improvement Project is an expenditure related to a specific capital project and items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks & Recreation Director and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 431 RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 18th day of April, 2016, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION TO AMEND 2016 BUDGET RESOLUTION NO.: 159,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2016 Town Budget as follows: From To Code Appropriation Code Appropriation $ Insurance 001-0000-52680 Recovery 3,339 001-1620-4400 Misc. Contractual 3,339 Duly adopted this 18th day of April, 2016 by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None AB SENT : None RESOLUTION AUTHORIZING ESTABLISHMENT OF RECORDS RESTORATION CAPITAL PROJECT FUND #210 AND ENGAGEMENT OF 1) GENERAL CODE FOR DOCUMENT MANAGEMENT SOLUTION SCANNED IMAGE PROCESSING SERVICES; AND 2) NYSID/IMAGE DATA FOR LARGE FORMAT SCANNING SERVICES RESOLUTION NO.:160, 2016 INTRODUCED BY: Mr. Doug Irish REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 432 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to establish a Capital Project that will provide for the Town's maps to be restored and scanned, and WHEREAS, the Town wishes to establish and fund the Revenue and Expense Accounts for the Capital Project in a total amount of$50,000, and WHEREAS, the Town Clerk requested and thereafter received and reviewed two (2) proposals for such Project and has recommended that the Town Board accept the joint project quote from General Code and Image Data, as set forth in General Code's March 21, 2016 proposal for Document Management Solution Scanned Image Processing Service (Map Project) for the amount of$2,800 and Image Data's March 15, 2016 proposal, as further clarified by the New York State Industries for the Disabled, Inc. ("NYSID")'s April 15, 2016 correspondence, for Large Format Scanning Services for an estimated cost of$18,427.50, and WHEREAS, accordingly, the Town Board wishes to establish Records Restoration Capital Project Fund #210 and authorize engagement of the services of General Code and NYSID/Image Data, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the Records Restoration Capital Project Fund #210 in the amount of $50,000 which will establish funding for expenses associated with this Capital Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer from Capital Reserve Fund #64 in the amount of$50,000 to transfer to Records Restoration Capital Project Fund #210, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 433 • Revenue Acct No. —210-0000-55031 (Interfund Revenue) $50,000; • Expense Acct No. —210-1460-4720 (Records Management) $50,000 • Increase Appr 001-9950-9030-0064 Transfer to Cap Project $50,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and accepts the proposal of General Code and Image Data, as set forth in General Code's March 21, 2016 proposal for Document Management Solution Scanned Image Processing Service (Map Project) for the amount of$2,800 and Image Data's March 15, 2016 proposal, as further clarified by New York State Industries for the Disabled, Inc. (NYSID)'s April 15, 2016 correspondence, for Large Format Scanning Services for an estimated cost of$18,427.50, provided that such amounts shall be paid upon presentation of appropriate vouchers to the Town and shall not include any prepayment for services, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the proposals and/or any other necessary Agreements or documentation associated with the engagement of the services of General Code and NYSID/Image Data in form acceptable to the Town Supervisor, Town Clerk, Town Counsel and/or Town Budget Officer, and the Town Supervisor, Town Clerk and/or Town Budget Officer to take any and all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 434 RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 18th day of April, 2016, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None AB SENT : None RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF APRIL 19TH,2016 RESOLUTION NO.: 161,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of April 14th 2016 and a payment date of April 19th, 2016, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of April 14th 2016 and a payment date of April 191h, 2016 totaling $459,197.46, 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 18th day of April, 2016, by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 435 NOES : None ABSENT : None RESOLUTION AUTHORIZING APPOINTMENT OF COLLEEN RATHBUN AS DEPUTY TOWN CLERK III RESOLUTION NO. 162, 2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 146,2016, the Town Board authorized establishment of the full-time position of Deputy Town Clerk III in accordance with New York State Town Law Article 3, §30(10)(a), and WHEREAS, the Town Clerk/Receiver of Taxes and Assessments (Town Clerk) reviewed resumes and conducted interviews of candidates and has made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the appointment of Colleen Rathbun to the position of Deputy Town Clerk III in accordance with previously adopted Resolution No.: 146,2016, at the annual salary of $38,000 effective on or about April 19th 2016 subject to successful completion of a pre-employment physical and drug and/or alcohol screenings and the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and also subject to a 90 day probation period, and BE IT FURTHER, RESOLVED, that it shall be the duty of the Deputy Town Clerk III position to assist the Town Clerk and Deputy Town Clerks I and II in the performance of their duties along with any other assigned duties, and in his or her duties, the Deputy Town Clerk III position has the authority to and will at times act for and in place of the Town Clerk and/or Deputy Town Clerks I and II, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 436 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of April, 2016, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None 4.0 CORRESPONDENCE DEPUTY TOWN CLERK O'BRIEN-Supervisors Monthly Report - March for Building and Codes and Community Development on file in Town Clerks Office. 5.0 PRIVLEGE OF THE FLOOR REGINA HILLER, QUEENSBURY-220 UPPER SHERMAN AVENUE-Spoke to the Board regarding the sewer pipe that was rusted from acid soil. Questioned if the Board will go back to the contract regarding that a sleeve was not put on the pipe, asked Board to look into this. Questioned why they do not have in and out cuts regarding Main Street. GEORGE WINTERS, QUEENSBURY-Spoke to the Board regarding Queensbury School being able to tax the project that the City wanted to go on Sherman Avenue. Spoke to the Board regarding the Highway Department budget. Asked if what they saved this winter on their budget will go back to the Town. MAKYAH DARRISAW, QUEENSBURY-Spoke to the Board regarding a Meeting to be held on April 28t1i 2016 regarding the proposed housing project for John Clendon Road. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN VANNESS (WARD IV) • Very excited about Exit 18 with this new zoning, the corridor is really starting to take shape. COUNCILMAN IRISH(WARD III) • Nothing to report COUNCILMAN CLEMENTS (WARD II) • Reminded everyone to vote on Tuesday. COUNCILMAN METIVIER(WARD I) • Very impressed with the student body that is here that has been coming up to the microphone. They are finally involved. Glad to see that they come and get involved and ask questions. SUPERVISOR STROUGH • Spoke regarding the Warren County Household Hazardous Waste Collection Days. Two events are going to be held on Saturday May 21, 2016 at the Warren County DPW, Main Street, Warrensburg and Saturday June 18th 2016 Town of Queensbury Highway Department 9am-2pm. Prior to bringing the household hazardous waste, ask that you register at the Warren County website. REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 437 • Spoke regarding what happened two hundred and forty one years ago (241) on April 19th Lexington and Concord. On April 18t1i that's when Paul Revere made his famous ride. • The Glens Falls Queensbury Memorial Day Parade to be held on May 30t1i 2016 at 10:00 a.m. At 11:30 a.m. there will be a Remembrance Ceremony. There will be a Poster Contest an Essay Contest from local Schools. • The County is going to be putting to a public hearing at their May meeting that no law that the County has adopted in reference to the Fireworks doesn't supersede or render inapplicable our Local Laws or Ordinances or Policies. Thanked Warren County for considering this. • Read a letter from Mike Regan, 1 Cline Avenue letting the Town know that they did a great job cleaning up from the rainstorm. Thanked the Town workers for their efforts. • Spoke regarding the Star Exemption. The recent Budget passed by the State Legislature on April 1, 2016 the people that already have the Star Program do not need to worry about this. Your Star Program carries on like it always has. For new homeowners the new Star method you would not get the reduction in your school tax. You will get a check of the same amount from New York State. If you have any questions call Teri Ross, Assessor Town of Queensbury at 761-8243. • Friday, May 13t1i 2016 from five to seven show up at the Mean Max Brews Works at 193 Glen Street. There will be a fundraising event for Ben Osborne. • Recruit Me. This is happening Statewide. It is going on April 23rd and 24th, 2016. Three Volunteer Fire Companies Bay Ridge, North Queensbury and Queensbury Central, will be having an Open House from ten to two. They want to raise public awareness about what Volunteer Firemen do. They want to give you a tour of their facility. They want to provide activities and provide informational opportunities for you and your visitors. They are looking for volunteers. If you are interested or want to know what it is about Bay Ridge Volunteer Fire Department, April 23rd, 2016 from 10:00 a.m. to 2:00 p.m. North Queensbury Volunteer Fire Department, April 23rd, 2016 from 10:00 a.m. to 2:00p.m.. Queensbury Central Volunteer Fire Department, Sunday April 24th, 2016 10:00a.m. To 3:00 p.m. • The Town of Queensbury Planning Board Chairman, Chris Hunsinger received accolades from the New York Planning Federation today. He won the John O. Cross Award for Planning Board Chair. They were having their 78th Annual Planning and Zoning Conference at the Gideon Putnam Resort. The Adirondack Gateway Council also won an accolade, Ed Bartholomew was there to receive it. He received the Heissenbuttel Award for Planning Excellence. • Spoke regarding the birdhouses for the wood ducks that the Warren County Soil and Water are putting up on the Rush Pond Trail. • Thanked Look TV and our sponsors StoredTech. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 163,2016 INTRODUCED BY: Mr. VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish REGULAR TOWN BOARD MEETING, 04-18-2016, MTG#13 438 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 18th day of April, 2016 by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES: None ABSENT:None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY