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2015-01-26 MTG 4 Regular Town Board Meeting, 01-26-2015, MTG#4 538 REGULAR TOWN BOARD MEETING MTG#4 JANUARY 26, 2015 RES# 50-65 7:00 P.M. TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN WILLIAM VANNESS TOWN BOARD MEMBER ABSENT COUNCILMAN DOUG IRISH TOWN COUNSEL ROBERT HAFNER PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER SUPERVISOR STROUGH called meeting to order... 1.0 PUBLIC HEARING Supervisor Strough-The public hearing is to review the enactment of a local law to establish a temporary moratorium on residential multifamily construction within the Bay Road Office District. The resolution explains the purpose. This moratorium is adopted for at least two (2) reasons. First, a recent engineering study has confirmed that the sewer capacity along Bay Road is limited and that, after current proposed approved build-outs occur, further development would likely require costly additional sewer infrastructure investments. Complementing this consideration is the fact that residential uses typically have more demand on sewer capacity than commercial uses. Second, there is a concern over the diminishing of the desired commercial development that the town has historically favored, especially along the Bay Road corridor, and that multifamily uses overly consume properties that would otherwise be used commercially; and there exist studies that demonstrate that commercial uses bring jobs, help reduce taxes and require less in governmental services than residential uses. Therefore, the Town Board has significant concerns regarding the potential impacts of growth and development, particularly as they pertain to sewer capacity, in the Bay Road Office District and believes that this moratorium is necessary in order to allow the Town Board time to study these issues and consider amendment of our Local Laws regulating residential multifamily development in this area. This proposed moratorium which is not going to be voted on tonight has gone to the County and to our Planning Board for their review. We will have a public hearing and I will open that shortly and listen to people's opinions as we give this due consideration. Now this does not apply to any project that has already received its approvals on Bay Road. Okay? So, you have Fowler's Square, one hundred and forty-two (142) apartments, this is the plan. This has been approved. This moratorium in no way limits or pertains to this project in anyway whatsoever. There is Cottage Hill, one hundred and forty-eight (148) apartments, two hundred and twenty-two (220) parking areas in an area that was originally envisioned to be merely duplexes. However, it got its approval, it's here; we're not talking about limiting this project at all whatsoever. Here is a plan for Fairfield Professional Offices. This is a beautiful project; it's off to a great start already. It is the only professional office subdivision in the Town that has been approved to multi- professional office complex. This is one of the, and this has all its approvals and as you know there are two dentists in there, one of them Parsons, there already several lots taken up with Professional Office use and in future years I am sure other uses will come forward. So, the Town wishes to maintain this along Bay Road. Now, Bay Road, if you look at our zoning book is office. Our Zoning Code says, the Office District encompasses areas where professional offices are encouraged and it goes onto explain why, high-quality offices, structures, facilities. It doesn't say multi-family zone, it says office zone. But as you know, it can quickly become multifamily zone and consume all the potential lands that could go to good jobs and so forth. Regular Town Board Meeting, 01-26-2015, MTG#4 539 Now, if you look at the cost of community services done by Ohio State University, residential land is a net drain on local government budgets. The average estimate ranges from a dollar fifteen ($1.15) to a dollar fifty ($1.50), which means for every dollar ($1.00) collected in taxes and non-tax revenues, between a dollar fifteen ($1.15) and a dollar fifty ($1.50) gets returned in the form of services by the local government and school district. For commercial and industrial, the ratio usually ranges from thirty-five (35) cents to sixty-five (65) cents indicating that for every dollar collected from a commercial use, they only require thirty-five (35) to sixty-four (64) cents worth of services from the local government. So, you have to be balanced. Now we have allowed our fair share and there's room for more of multi-family but in a zone zoned for commercial and zoned for office, this is something that this board wishes to look at. Now, what can we do? Alright, this moratorium is only for six (6) months or less, this board could come up with something that they would find satisfactory, would not exceed the sewer capacity along Bay Road and it could be to reduce the multifamily density allowance. It could be to eliminate multifamily as an allowed use. It could be to increase the Bay Road setback for residential, just multifamily residential to five hundred feet (500') or seven hundred feet (700') or one thousand feet (1,000'). I mean, or you could do a combination of offices or you could do something less. This board wants to look at it. Why? Right here, this is the map, plan and report for the Bay Road Sewer, supporting consolidated water district extension 2014 prepared by Chris Harrington and JM Engineering and they said, we have the capacity in our sewer line right now for the build out that we project that we approved that's why this does not affect Fairfield as it's proposed, Cottage Hill or Fowler Square. Those have already been approved, it doesn't affect those. And again, it doesn't impact the other uses that are allowed in the office zone. It only impacts apartments. It doesn't impact banks, business services, convenience stores, convention centers, daycare centers, food services, galleys, health facilities, libraries. I am not going to read the whole list but all of those, the moratorium only is restricting multifamily proposals until we get a fix on this. Now, the other thing to keep in mind about apartments, the average assessment for apartments because we don't have a basis of sales, we don't have a lot of apartments that sell so we don't have a basis for that determination. This is based on revenues of particular projects so the average assessment for an apartment and I am not talking about an older apartment, I am talking about the average apartment that you would see along Bay Road, it's about thirty-eight thousand dollars ($38,000.00) the last time I looked. So given the town's sewer capacity limitations and the town's desire to encourage commercial growth along this corridor, after all, the zone is called office zone, not multifamily zone and commercial growth offers good jobs and lower tax burdens, what is the responsible approach as we move forward? That is why this board is seeking some time so that we can responsibly evaluate this issue. COUNCILMAN VANNESS read the following statement from Councilman Irish: "After an extensive sewer study by M&J Engineering I am very concerned about the loss of sewer capacity designated for the promotion of commercial development along the Bay Road corridor. I understand there is always the delicate balance of providing available affordable housing and commercial development. However, I don't feel the town should penalize the taxpayer by allowing unchecked residential or multi-family in commercial districts. By penalized I mean the non-production or loss of jobs, loss of potential sales tax opportunity and property taxes. I am in favor of a moratorium for multi-family housing on Bay Road until the Town Board has had an opportunity to weigh the risks and rewards of using up valuable sewer capacity to benefit a few at the expense of the town's taxpayer." (Correspondence on file in the Town Clerk's Office) COUNCILMAN VANNESS-I would also like to say that I totally support the six (6) month moratorium on this as well. I think it is definitely something that we've got to look at; I had an opportunity to speak with several of the constituents out there. There are some issues that we realized with this study that was done and there is some issues that weren't realized with this study that was done and it's been brought to our attention. But I think we definitely need to take a look at and make sure that everything is running at capacity, running where it should be and then we're not going to go over capacity and we are looking out for the taxpayers. So I totally support your six (6) month moratorium. COUNCILMAN CLEMENTS-I would like to add onto that and say, I am concerned about the sewer capacity also and I think we need to do a little bit more in-depth study with that. But with that said, I would like to think very carefully about any rezoning because I don't think that it is Regular Town Board Meeting, 01-26-2015, MTG#4 540 fair to keep changing the rules for people. So although I agree with this moratorium and I think we ought to look at it, there may be some mitigation that everybody can live with. SUPERVISOR STROUGH-Again, this board is not going to be voting on this tonight but I will open the public hearing for public comment and I will leave the public comment open. So is there anybody here from the public that would like to speak to this proposed Bay Road Corridor Office Zone Moratorium? DOUG AUER, 16 Oakwood Drive-I want to say hallelujah, first off Okay, better late than never. I think what you're doing here will try to correct an error that was made by changing the zoning to allow what has happened and make no mistake about it, developers are very clever, they are very good at looking at what the rules are and figuring out ways to get around it. Now, what was done was unfair to some people in this room. The Valente Builders had done a very good job with Fairfield Business Park, they followed the rules. Rich Schermerhorn in his original layout of office complex did a good job, okay, they followed the rules. Now what's lost in the arcane-ness of this is that when the code changed it gave developers the ability to put much higher density residential property, which you touched on John, and I agree with virtually everything that you said as a preamble to this with the exception of two (2) things and I will get to that. But, the developers had followed the rules. Everyone up and down Bay Road had done that and all of sudden, matter of fact; Fowler Square was originally approved for office buildings. I think there were twenty (20) some odd lots, I believe, twenty-two (22), twenty-six (26) whatever it was, not residential properties, it was approved for that. All of sudden when sewer came in and the reason I am speaking to this tonight is because I feel an injustice was done because I was one of the engineers that assisted in making this happen. Baybridge Town Homes had a serious problem with onsite sewer and I was brought in as business manager to try to come up with a solution. And in a nutshell, what happened was, our solution was so good that Rich Schermerhorn had hired me to build this system in a little more robust manner, not just to take care of Baybridge but to take care of the things that he had in mind to do. Which I did, with Tom Nace, I am not a PE, I am a mechanical engineer, I am not a professional engineer, I didn't take the exam quite honestly, it's a tough exam, I don't know that I could pass it. But in any event, we did a really, really good job and you've heard some of this before John but for the benefit of the folks out there, they need to know this. When we did this map, plan and report in 2002, the deal was very simply, rather than just build it for your needs Mr. Schermerhorn, or Baybridge for that matter, let's build this in a more robust manner so that it takes care of the needs of the rest of the professional office corridor. And we said, `well, how do we do that'? They said, `well look at the what the existing zoning is and then figure out what the build-out would be of that zoning and build, design a system that will do that'. And the town said, `we will pay you for the difference in what it costs for you to meet your needs for a sewer system versus the added value for an additional capacity to take care of the rest of the folks on Bay Road'. And we did that and that was done in a map, plan and report, the sewer district 7 extension done in 2002, that was twelve (12) years ago. We did a really good job on that. Even this report here, which I happen to have a copy of it, speaks to that and it speaks to the subsequent map plans that were done after that. So anyway, we had a good design and basically I put it out of mind until all of sudden, and you know this John because you were pressured to make this zone change, you were the only one on the board at the time that was resistant to it; this is Murphy's Law on steroids. What happened here was the developers looked at this thing and they said, `whoa, now we've got a solution here that we can put residential property into this because we now have a sewer and that's precisely what happened. They then, the moneyed interest then began lobbying the Planning Board, the Town Board and that's, they'll tell you this. You know, they won't admit it, there's a lawyer sitting back here that was involved in this, or at least represents people that you know tried to move this agenda forward for residential property. I kind of don't blame them; I think the fault lies with your Planning Board because they neg dec this stuff. They say, `oh, neg dec', neg meaning that it has a negative, that it will have not an impact on the existing infrastructure, negative not being that it will impact it but negatively, I don't know how to phrase it properly. SUPERVISOR STROUGH-Not have a substantial impact. MR. AUER-Not have a substantial impact. Well they were wrong, they were dead wrong because they didn't look at what the original design capacities was of this system and I will tell you, it makes me wild to think about this. Okay, because we as engineers, we take things very Regular Town Board Meeting, 01-26-2015, MTG#4 541 seriously, we landed a man on the moon, the lawyers didn't do that. Okay, we did that, there wasn't a lawyer within a hundred miles of Cape Kennedy. Now, and I use that analogy for a reason but the thing that annoys me, and that's why I am here tonight, I come out on a cold night, I have no dog in this fight other than what is, we did the pledge of allegiance, when we talk about liberty and justice for all, that's what I am talking about here. Liberty and justice is the operative word here because where is written that public officials or any officials for that matter are obligated to guarantee that land speculators, developers and entrepreneurs make a profit? You don't want to get in their way but you don't want to go out of the way at the expense of the residents. Now, how is this at the expense of the residents? Very simple, the design of this thing was finite, meaning it had limited capability based on what we were asked to design. The developer was paid that differential, what it would have cost him to put in a system just to serve him versus to serve the rest of the folks and all of that was enumerated. Now, these projects, I take exception with two things that you've said. First of all, the Fairfield Park was considered in this and that has ample capacity for that. What was built in the back there which is called Cottage Hill which Schermerhorn has bought that property, I wasn't clear whether he owned all of it or what not but I asked the principal of Valente Builders what it was and they still own the front part but the back has been sold, that was never considered in the map, plan. It was never considered. So that additional capacity plus the capacity that was three (3) times what was in the map, plan and report which is something you guys voted on and passed. Even this report speaks to that being illegal, that there was a capacity tripled what was approved in the map plan. Now, I don't know how you're going to square that with the lawyers on this but they picked up on it and we thought there was something wrong with it when we saw what your Planning Board approved. We said, `wait a minute, there's something wrong here, how do they not reference the map plan which is an engineering document that says this is how much capacity we need'? They threw that right out the window so I think you've got two (2) problems here. You've got a problem relative to what was approved in the map plan and that volume, that sewer now and I think a fairness of whose going to pay for these additional upgrades and from my nut hole in the forest, this is going to be expensive. Actually, there's something, when you say, I take exception to this when you say there's capacity available for these developments and I am excluding Fairfield Business Park, I am saying for Cottage Hill and Fowler Square. I believe there is an arithmetic error in this. They talk about eighty-five (85) gallons a minute of additional capacity, I can't find, maybe I am missing something but I cannot find the arithmetic that that adds up to. Cause from, and again, from my nut hole in the forest, I see this that they are at capacity already. So there's really nothing left for anybody. So, I think, and I would like to have a sit-down with these M & J folks and have them show that to me cause I did find a typo in this and I think the math thing that I am talking about may be relative to that because they were referring to one subsection of 6.1.2 versus 6.1.1 and I think maybe that's where some of the confusion came in. They did a good job; I want to say that, they really did, from a technical standpoint. The writing of it is a little bit tricky; it should have been cross footed a little better so that you could, like our math, our 8th grade math teacher used to say, show me the work. You know, you should be, even to the, I am trained, not an engineer, you should be able to say, okay, well how does this add up and you go dot, dot, dot, dot, you know, plug the numbers in and boom, out comes the answer. I can't find that. Maybe it's just an oversight, I am sure it's in there somehow but I have to say, I am suspect of it. So, pretty much in a nutshell without taking a lot more time, that's where I am at with this thing. And this is troubling to me, and I am not going to leave this thing go until I am really satisfied that this is not going to be a burden to the rest of the folks in this Bay Road corridor because there are people that were factored in this map, plan and report that essentially are now excluded from it. It's this, `oh, well you didn't step up to the plate, you didn't so first come first serve'. I hear all of these things, `oh, you know, you didn't ask for it so we're going to take it'. Nonsense. The plan was changed; the zoning was changed in a detrimental way to the rest of the folks. Now you can fix this because money can fix anything but I'll submit that it's not the responsibility of those residents. Keep the developers on the hook on this guys and don't let them tell you that, `oh well we put', in the case of Fowler Square I have heard them say, `oh well we put the sewer line up here'. Guess what, you have to put a sewer line up anyway, okay. So if they build it with the extra capacity like Schermerhorn did and were paid for that, I don't know what the deal was, I don't know what the minimum design requirements were for that, but if that was done, find and dandy. But you'd have to do that anyway so don't go looking for; you know all these accolades to say, `oh, we did this', you know, `bow down and kiss our ring', that's nonsense. There's moneyed interest here, nobody does anything to invest this kind of money unless they expect a pretty good return on an investment. So you know, I think you are doing the right thing, this moratorium is good because there are unanswered questions here Regular Town Board Meeting, 01-26-2015, MTG#4 542 that really need to be answered. You know, again, I'm retired, you know I don't need to; I can go down and spend six (6) months with my son's beautiful two thousand (2,000) square foot townhome two hundred (200) yards from the Atlantic Ocean in Melbourne Florida, I don't have to do this. You know? But I do because this is what I do and it's cost me John, you know what I did with Siemens, okay, so do you, okay and the State Attorney General is on this like white on rice, alright and I am not going to say much more than that but there will be people arrested, I guarantee you. Okay, and you know I am right about that John and I am right about this too, I am not going away on this, this makes me wild. This is malfeasance, nonfeasance, misfeasance, whatever feasance you want to attach to it. So, I think you are doing the right thing here, keep it up and don't let the moneyed interest sway you. Thank you. SUPERVISOR STROUGH-Thank you Doug. JIM MACKEY-First let me say that, oh Jim Mackey, Town of Queensbury. First let me say that I have no specific interests or ax to grind relative to this particular district. It does make me feel bad that residents or owners will not be able to use their properties as they might have wished and also, I feel for the students here at the University that they are going to have to travel a lot further to get residences as the school grows. I'd like to discuss and mention what I think is a broader issue and that is the sewer system and the planning for the sewer system. I have heard many debates in the last, over a year that I have been attending these meetings, debates about the sewer system. As I understand it, the Supervisor has always said basically, `not to worry, there's capacity'. Okay, now it seems that the action that you're taken tonight and I am not for or against that specific action, there's evidence that the town should have had a better plan for the sewer system. It seems to me and I've heard in this meeting a lot of debates as I said about the sewer system, that what the town has is a serious of studies, many fixes, Band-Aid's, whatever you want to call them. I doubt that anyone in the town including the people that are responsible for the sewer system really have a grasp of what that sewer system should be in order to handle what we want the Town of Queensbury to be. There just is no overall master plan that I can see and I think that's a shame. I think to use the words of the Supervisor; the responsible action should have been, to put in place a plan for the sewer system in this town that will make the kind of action you're taking tonight unnecessary. Thank you. BOB SEARS-My name is Bob Sears, I'm the realtor involved in the project in Fairfield Office Park. I will pass out some information to the board. (Handout on file in the Town Clerk's Office) There are nine (9) commercial zones in Queensbury, office use is allowed in eight (8) of those nine (9) zones. In other words, we have a lot of stuff for office space, a lot of land available for office space. It's zoned in, for office use in nine (9) of the commercial zones that we have in Queensbury. The only zone that it's not allowed in is recreational commercial zone. Now I grant you, if someone wanted to put office in a recreational commercial zone, depending on the type of recreational, depending on the type of office it is, they could probably get office use in the recreational commercial zone. Now that's an assumption on my part but I wouldn't be surprised if you could do that. There's no other use in the Town of Queensbury that has more flexibility as far as the zoning goes, than offices. So, in answer to the concern that has been voiced that we're going to hurt the office stock in the Town of Queensbury because of the way it is zoned in the Bay Road Corridor, that's subject to discussion I am sure based upon the amount of zones that offices are allowed in, in Queensbury... Now, currently there are over two hundred thousand (200,000) square feet of office space available for lease or for sale in the Queensbury, Glens Falls Region. It's vacant space. That has not been changed in the last five (5) years. I've been in this business as a broker in Real Estate for the last thirty-eight (38) years in this area and the biggest problem I have is trying to get possible office users, major office users to come to Queensbury. I can count on ten (10) fingers the amount of office users from outside the area that have come into this area in the last thirty (30) years that are more than five (5) to ten thousand (10,000) square feet. Most of the office use that is in Queensbury is robbing Peter to pay Paul. They go from one office area in Queensbury or Glens Falls to another one, depending upon on how motivated the landlord is. So, let's go to the next page. Fairfield Professional Office Park, if you flip the page over you will see it. There are sixteen (16) office lots available or was available in Fairfield Park, three of(3) of them sold in the last six (6) years. Okay, in the last five (5) years we haven't sold any. There's many reasons why. The major reason why is because of lack of momentum for office use in the Town of Queensbury or Glens Falls. There's a number of reasons and you can point to the economy, that might be one reason. There is another bigger reason, the consolidation of many office users into an umbrella. For instance, Regular Town Board Meeting, 01-26-2015, MTG#4 543 your medical sector is all consolidated, consolidating under a hospital, or they're consolidating under the Hudson River, Hudson Headwaters. Every doctor who would have had an office or every group of doctors that would have put in offices probably are approaching the hospital or they are approaching Hudson Headwaters, even as we speak because the economy is failing and also the insurance problems and because of Obama Care. The same goes true for lawyers, accountants, almost everybody is going under bigger umbrellas. Currently ten (10) of those lots are under contract for unassisted senior housing project. I'd like to make a clarification here. That project, as a result of the town, I am not criticizing the town for putting a moratorium on the sewer but I think part of the moratorium is because of this unassisted senior project in Fairfield Estates which was done according to code. So, anyway, ten (10) of those lots are under contract for unassisted senior housing. There's going to be, the project called for seventy (70) units. There will be two (2) buildings; both buildings will be thirty-five thousand (35,000) square feet. Now, I am assuming that there will probably be at most two (2) people per unit living in those units. You talk to Mr. Schermerhorn, he says a lot of them are single people living in them, they are empty-nesters, their spouses are either, you know there are many reasons why but a lot of them are going to be single people. Based upon the current zoning codes and projected development, for another words, I am sorry, let's retract, the number of units is seventy (70) units, that's a hundred and forty (140) people living in that seventy thousand (70,000) square foot two (2) buildings. Now, based upon current zoning codes and projected development specifications for Fairfield Office Park, over one hundred thousand (100,000) square feet of office space could be constructed on the lots that are under contract for the senior housing project. Now, if you extrapolate that a little bit, estimating that there are eight (8) office personnel per thousand (1,000), that amounts to over eight hundred (800) people using the hundred thousand square feet of potential office space per day. That's just working there, okay, that doesn't count people coming in and out of that development. For instance, if there is some kind of a facility that requires visitations and so on, which normally there would be with that amount of office users, there would be a lot more traffic going in and out of there. So, all that being said, this is not a bad compromise for that particular project. It would put less stress on the sewer because you're dealing with a hundred and forty (140) people as opposed to possibly eight hundred (800) people. It would put less stress on the, necessarily on the parking, on the interconnections within the park itself plus there's still three (3) lots available for office use in front. Alright, the last page, senior housing, let's talk about that for a minute. Why is there a need for senior housing in the Town of Queensbury? According to the demographics done by Pitney and Boyles, there are over twenty thousand (20,000) people between the ages of fifty (50) and seventy-four (74) within a five (5) mile radius of Bay Road. Now look, all you guys up here, most of you are over fifty (50). I go into Price Chopper; they all look like I do. Not, I don't want to put everyone in that boat because that's not a good boat to be in but what I am saying is, most of those people if you go into any major store in the area, most of those people are over fifty (50) years old. Twenty thousand (20,000) people, five (5) mile, five (5) square mile radius from where we sit. That's one and a half(1 '/2) times as people as there is in Glens Falls. You don't think there's a demand for unassisted senior housing in this area or in the Town of Queensbury? There are currently less, this is my study, I might be wrong, I spent a little time on this, there are currently less than two hundred (200) senior non assistant living apartments in the Queensbury area. It seems to me there's a definite need for this and that might be a very viable option here in the Fairfield Office Park. Especially when you look at, there's over two hundred thousand (200,000) square feet available, office space for lease that has been constant throughout the last five (5) years and especially when you consider that there's minimal amount of office users, new office users coming into the area. For instance, and I will quit here in just a minute, I'm starting to ramble, the Continental Building in downtown Glens Falls, that's the premier office space, there's eighteen thousand (18,000) square feet on each of those floors, they have plenty of parking, they have all kinds of amenities. There are two (2) floors that have been vacant since they took over the ownership of that building which was five (5) years ago. There are various office spaces on the other floors that are still vacant. We can't fill that building up, and we need more additional office stock? Thank you very much for your time. COUNCILMAN VANNESS-Bob I just want to, John, if I can just for one minute, you made reference Bob to, the second page, I believe the second page of your, you know in reference to a hundred thousand (100,000) square foot of office space and that eight hundred (800) people using a hundred thousand (100,000) square foot of potential office space. MR. SEARS-Right. Regular Town Board Meeting, 01-26-2015, MTG#4 544 COUNCILMAN VANNESS-And I want to get back to what we're at and where we're at, I don't think any of us to are battling the housing, I think we're battling the sewer capacity. MR. SEARS-I understand. COUNCILMAN VANNESS-I think that's the thing that we've got to get into and when you go to that, you mention eight hundred (800) people using a hundred thousand (100,000) square foot of potential office space, how many of them are going to use the bathroom in the office space? And the question is, if you put residentials on this property, it's going to be the bathrooms, it's going to be the showering, it's going to be the cooking dinner, it's going to be washing the dishes. So that's the stuff that I know personally I want to take a look at to see what the difference between that and what office space is going to be. So, I mean that, so we'll get back to that, we can even that out. MR. SEARS-Okay well I'm just throwing out numbers for you to be aware of and you know, thank you. SUPERVISOR STROUGH-Thank you Bob. DAN VALENTE-Good evening, Dan Valente, Legacy Land Holdings, I'm the owner of the property; I think that is probably, obviously mostly affected by this. I think Bob was trying to just fill you in, this is a little different. We're kind of looking at this more, my concern with this whole moratorium is that the bigger picture, as stated, that we're looking at a zoning change, potential zoning change or alteration in that office zone. I have no problems with people looking at the sewer systems. I want to take you back even further then Mr. Auer did because I have a history here, I grew up with this property as a second generation there since the early eighties (80's). This problem has stemmed from the town, not this current board obviously but many years ago, the sewer district was supposed to be created there properly. It was never created properly. There was a parcel we had set aside for the town to put a pump station on the front of Bay Road, we were going to donate to the town so that they could do that. However things worked out, and you know, the developer got involved and the sewer system got adjusted, it was constructed I don't think in the best interest of everybody that was there at the time. The Valente family, my father predominately fought to have the sewer system created appropriately and in the proper manner, where the town owned the pump station from the onset. Constructed everything from the onset and it did it more or less above board. It was never created properly so I am on the record for that. I agree, if you need to take a look at it, that's fine. My issue is the end result. Again, I am concerned about a zoning change and I am going to give you some more history here, unfortunately, I hate to drag everybody through this but because this zone, that property's zone has probably changed more than seven (7) or eight (8) times since we've owned it, back in forth, vacillate back and forth. From the time my parents owned the property and the Baybridge Townhouse community was created, there was a master plan for that development itself, not the town master plan and the townhouses were projected to go right from Bay Road all the way back through where Cottage Hill is now being constructed. It was always a four (4), six (6) or eight (8) unit multifamily complex, from Bay Road all the way through that entire parcel. That was the master plan and we were going in at phases and getting phases approved. To give you a little more history, as we were developing the property and the economy turned in the late eighties (80's) and we couldn't sell multifamily homes, houses, that zone currently, than currently allowed us to go to single family little villas, is what we call them so they still had maintenance as townhouses but you were allowed to have total individual, like an individual little home which you see there on Gentry Lane. We were in the process of constructing those, they were selling fine, the market was doing well, the town came in and changed the zone. I was in the middle, I had contracts, I was in the process of building, I came in for permits and they said, we're sorry, we changed the zoning, you can't build those anymore there. Okay, so where I'm trying to go with this is, the town creates a lot of these issues. We would have continued with those at that time but it wasn't an allowable use. I had to go in there with an attorney to fight to finish to build the ones I had under contract. So then they changed the zone to allow us to do multifamily there again. So, that's what we have and now we don't like multifamily. I don't know, the problem I have is, every time we do something, then the rug gets pulled out from under us. I don't want the rug pulled out from under me here. This moratorium is more about, you didn't, you saw a project come on in front of the town and you don't want to have senior Regular Town Board Meeting, 01-26-2015, MTG#4 545 housing or apartments or whatever you call it there anymore and you want to have time to change the zone and pull the rug out from under me. That is not fair. COUNCILMAN VANNESS-I don't think that's fair, and I'll tell you from my perspective, that's not a fair statement at all. I come in to this fairly fresh, eight (8) years off from the County Board of Supervisors into this Town Board and the first thing, I know Doug Irish, myself and Brian when we first came in, Tony and John were here but one of the first things said, we wanted an independent sewer study done on Bay Road. We were the ones that went after getting this independent study done on Bay Road because we knew there were issues. We've talked to people that said there were issues. So we had our independent study done. Well, since that independent study has been done by M and J there's still some other issues that, as far as I know, I am concerned, I know Brian and a few others and John and everybody else is concerned, there are some other issues that weren't quite addressed in the M and J study that we think and we believe need be addressed that we're going to address. So I don't think it's fair to say, I know I didn't come in here looking to pull the carpet out from underneath your feet and it's not the one project that's down there that I am concerned about. In fact, I know there's another project getting ready to come up for housing project across the road from you down there. I just want, personally I know, I want to slow down, I want to see what we've got, see where we're going. If there has to be some corrections made, then we'll make some corrections. If there doesn't have to be, if everything's fine, fine, all well and good. But this is going to give me the opportunity to take a look at this and say, this is the way to go or this isn't the way to go. MR. VALENTE-Okay. COUNCILMAN VANNESS-So I don't think it's fair to say... MR. VALENTE-Alright, well fair enough but from my perspective, that's how I feel. Okay, I know this project hit there and the timing is awful suspicious for me and I feel the end result is not going to be anything that I can tolerate at this stage. It's really been a long drawn out battle. As Bob has said, I've been sitting here and I'm going to give you some dates, I purchased the property in 2002 which is about the time these sewer things were going on, I actually got the project, Fairfield Professional Park approved in January of 2008. We've sold three lots. We sold one lot in 2008, 2009. I sold another lot, the two lots in 2010. That was the last lots we've sold there. So I've been holding, you know I have been carrying this thing for another five (5) years and I know everybody is talking dollars and cents and who is it going to cost the most, you know, the developer usually does step up to the plate somewhere down the line. A lot of times we are forced to, you know what I mean and you know, that's all fine and good. You know, I am going to tell you right now, the time I get done with this thing, I've got from, I am going to give you some more numbers. In 2004, 2005 my taxes on my property were thirteen five ($13,500). In 2005, 2006 we actually had a reduction so they were right around ten thousand ($10,000). In 2006, 2007 they doubled to over twenty thousand dollars ($20,000.00). I didn't have an approval at that point. Then they kept increasing and then out of my approval, naturally they jumped a little bit, I'm over twenty-four thousand dollars ($24,000.00) a year. I've got over a quarter million dollars ($250,000.00) in taxes on this property, I have three (3) lots sold. Alright and that's, I know, too bad for you, it's my investment. That's fine, I'm a big boy, I can handle that. But I have an opportunity, I have a contract on a parcel, finally after five (5) years to do something with it and I don't want the rug pulled out from under me. That's all I am asking. SUPERVISOR STROUGH-Okay. MR. VALENTE-I have no problem with checking the sewer district. Cottage Hill, yup. SUPERVISOR STROUGH-And you went through the process, you got approved, four hundred forty-eight (448) apartments on the property that originally was intended to be duplexes as you pointed out earlier in your speech. MR. VALENTE-It was all multifamily. SUPERVISOR STROUGH-And you sold this to a particular local developer which is all find and dandy. Okay, and that's not enough. You want to sell Fairfield Professional Offices to the Regular Town Board Meeting, 01-26-2015, MTG#4 546 same developer so that another seventy (70) apartments can be built. Now, in total, these apartments haven't been, well one, Cottage Hill is underway but you're talking about two approved projects, and I'm not complaining, I'm just, here are the numbers. Two hundred and ninety (290) apartments forthcoming along Bay Road right now and you're saying that we should give up Professional Offices because you haven't been able to sell them in a bad economic time and the times are getting better, for another seventy (70) apartments that would be a total of three hundred and sixty (360) apartments just on the west side of Bay Road in about a one mile stretch. MR. VALENTE-That's what the property is zoned for, I mean, we meet the criteria. SUPERVSIOR STROUGH-Well that's what we're here for, we think it was zoned improperly. MR. VALENTE-Exactly, this isn't about the sewer this is about the zone and this is the caveat to get the zone change, that's how and this is what's going on here and I don't like it. It's obviously very upsetting to me and John, this is my livelihood. This is how, I work very hard to pay my tax dollars, I've never been late paying a tax dollar. I've paid based on the sewer district being there which I was never originally included in. I had to buy my, I had to buy, purchase in to be part of that sewer district. I laid that money out in advance, we didn't know what we were going to use there or put there. I bought sixty-four hundred (6400) gallons for the front and I bought sixty-four hundred (6400) gallons of usage for the back. That's my capacity and nobody can use it, I am entitled to use that. I haven't even come close to using that. Everybody is worried about maxing this capacity out for this sewer district, nobodies; you got another year before anything gets close to being maxed out on that sewer district. There's no way. Rich has got another better part of a year on Cottage Hill probably before he's on line fully and we know Fowler Square is not doing much right now. So, I don't, you know there's a time to address it without... SUPERVISOR STROUGH-Well and you know what Dan; right now we have limited capacity in the sewer line. We're all here, we all agree on that topic and we all agree that additional apartments are going to exceed the capacity at some point in time. Now, that's based on the MJ Engineering report. Now as we allow things to build out and we see your previously owned Cottage Hill development build out, Fowler Square build out and we check the capacities and we find out there's much more capacity than we ever thought, then we can rethink this whole thing. But for now, we have to deal with what the facts as we see them now. MR. VALENTE-John, I don't have a problem if you want to approve a project contingent upon making sure he has the sewer capacity needed. I don't want the zone changed. SUPERVISOR STROUGH-Well we don't want to lose professional office space. MR. VALENTE-That's what I don't want, okay. SUPERVISOR STROUGH-Alright, yes. Dan, I understand where you're coming from. MR. VALENTE-Yea, I know you do. SUPERVISOR STROUGH-You're a developer... MR. VALENTE-And I know you're not worried about my livelihood John but I am telling you right now, I don't have a pension. I don't have a nice pension, I have to, this is my pension and unfortunately I don't want to sit here for another ten (10) years trying to sell professional office lots that I can't sell and give you another quarter of a million dollars ($250,000.00) of my dollar, my pension, it's not fair to me. That's how I see this, okay. I really want to be able to move forward and if you want to take time for the sewer, I'm fine with that. I just don't want a zone change. SUPERVISOR STROUGH-Thank you Dan. MR. VALENTE-Thank you. Regular Town Board Meeting, 01-26-2015, MTG#4 547 SUPERVISOR STROUGH-Anybody else like to speak to the proposed moratorium on apartments in the office zone on Bay Road? I'm leaving the public hearing open so written submissions and when it comes back to the board at a later date, it will remain open. So, before we move on is there any last thoughts on behalf of the Board? Okay. UNKNOWN-I just have a question, are you tabling the public hearing to a date certain or will you re-advertise? SUPERVISOR STROUGH-No, the public hearing is open, remains open. UNKNOWN-Well will you re-advertise if it goes to another date? SUPERVISOR STROUGH-It remains open. TOWN COUNSEL HAFNER-No, it's still open, we noticed this one. COUNCILMAN VANNESS-We're waiting for decisions from the County, is that correct? TOWN COUNSEL HAFNER-Correct and we're hoping to have them before the February 9u' meeting. SUPERVISOR STROUGH-From the County and the Planning Board. COUNCILMAN VANNESS-Okay and that's why it's remaining open. SUPERVISOR STROUGH-Yes. COUNCILMAN VANNESS-Okay. TOWN COUNSEL HAFNER-They don't have to but... MR. SEARS-Excuse me John, so it's open now but do you anticipate moving forward with some decision concerning the moratorium, at what date, do you have any idea? SUPERVISOR STROUGH-I don't know if we can get this together by February 9th, will try. MR. SEARS-But you figure within the next thirty (30) days? SUPERVISOR STROUGH-Yes Bob, within the next thirty (30) days. PUBLIC HEARING LEFT OPEN SUPERVISOR STROUGH reviewed the proposed fifteen (15) resolutions with the public. 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS JIM MACKEY referred to resolution 3.6, Resolution Authorizing Agreement Between Town of Queensbury and Economic Development Corporation—Warren County and questioned whether there is a defined, committed, achievable goal they are providing or if it's just services they are providing to the town. ED BARTHOLOMEW, President of QEDC gave overview of specific loan developments issued, marketing and networking goals proposed for certain locations throughout the Town of Queensbury. 3.0 RESOLUTIONS RESOLUTION DESIGNATING ENVIRONMENTAL REVIEW CERTIFYING OFFICER FOR NEW YORK STATE HOME PROGRAM Regular Town Board Meeting, 01-26-2015, MTG#4 548 AND DETERMINING THAT TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM IS TYPE II ACTION UNDER NEW YORK STATE SEQRA REGULATIONS RESOLUTION NO.: 50,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 163,2014 the Town of Queensbury applied for 2013 HOME funds through the New York State Office of Community Renewal (OCR), for the purposes of continuing the Town's single family housing rehabilitation program, and WHEREAS, the Town of Queensbury has been notified of a 2013 NYS HOME Program award SHARS #20133127; and WHEREAS, as grant recipient the Town is required to undertake and complete an environmental review process for the project and meet applicable requirements for a review of the project under the New York State Environmental Quality Review Act (SEQRA), and WHEREAS, OCR requires that the Town designate an Environmental Review Certifying Officer, and WHEREAS, the Town's housing program (the Project) does not involve new construction, conversion of uses, or require zoning, subdivision, special use permits, or use variances, and WHEREAS, the Project is therefore considered to be a Type II action under §617.5 (c)(1) of the SEQRA regulations and is therefore not subject to further review under the SEQRA regulations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby designates Stuart Baker, Senior Planner, as the Environmental Review Certifying Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby determines that offering home repair assistance is a Type II action under SEQRA regulations and therefore is not an action subject to additional review under SEQRA. Regular Town Board Meeting, 01-26-2015, MTG#4 549 Duly adopted this 26th day of January, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES : None ABSENT: Mr. Irish RESOLUTION AUTHORIZING USA TRIATHLON TO CONDUCT TWO (2) DUATHLON RACES RESOLUTION NO.: 51,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, USA Triathlon has requested permission to conduct two (2) duathlon races as follows: SPONSOR: USA TRIATHLON EVENT: DUATHLONS DATE: Two (2) Sundays: May 3rd and May IOth 2015 TIME: Approximately 7:30 a.m. —9:30 a.m. PLACE: Beginning at Haviland Road— see description and map presented at this meeting NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves USA Triathlon's two (2) duathlon races to be held on May 3rd and May I01h, 2015 subject to: 1) approval by the Warren County Superintendent of Public Works which approval may be revoked due to concern for road conditions at any time up to the date and time of the event; 2) approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event; and 3)the Town's receipt of proof of proper insurance from USA Triathlon to conduct the two (2) duathlon races within the Town of Queensbury. Duly adopted this 26th day of January, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT 29TH ANNUAL SHAMROCK SHUFFLE ROAD RACE Regular Town Board Meeting, 01-26-2015, MTG#4 550 RESOLUTION NO.: 52,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury Town Board to conduct its 29th Annual Shamrock Shuffle Road Race to benefit the Warren-Washington Counties Special Olympics as follows: SPONSOR The Adirondack Runners Club EVENT 29th Annual Shamrock Shuffle Road Race DATE Sunday, March 22"d 2015 at approximately 11:00 a.m. PLACE Beginning and ending at Glens Falls High School and going through the Town of Queensbury (Letter and maps depicting course attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Adirondack Runners Club to conduct its 29th Annual Shamrock Shuffle Road Race partially within the Town of Queensbury as set forth in the preambles of this Resolution, contingent upon the Town's receipt of proof of proper insurance from the Adirondack Runners Club, and BE IT FURTHER RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 26th day of January, 2015, by the following vote: AYES : Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES : None ABSENT: Mr. Irish RESOLUTION AUTHORIZING AGREEMENT BETWEEN WARREN COUNTY ACTING FOR AND ON BEHALF OF WARREN- HAMILTON COUNTIES' OFFICE FOR THE AGING AND TOWN OF QUEENSBURY RESOLUTION NO.: 53,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION Regular Town Board Meeting, 01-26-2015, MTG#4 551 SECONDED BY: Mr.William VanNess WHEREAS, Warren County, on behalf of the Warren-Hamilton Counties' Office for the Aging, is authorized to establish, operate and maintain programs and services for the elderly in Warren County and is authorized to contract with public, private and non-profit and voluntary agencies to provide such needed services for adults 60 years of age and over, and WHEREAS, the Town of Queensbury is capable of assisting Warren County in fulfilling this responsibility, and WHEREAS, Warren County has presented the Town Board with an Agreement for transportation for the elderly services for 2015, with Warren County to reimburse the Town up to fifty-percent (50%) of the actual expenses incurred or up to the amount of$6,607 for the Town's provision of these services, and WHEREAS, a copy of the proposed Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with Warren County on behalf of the Warren-Hamilton Counties' Office for the Aging for the year 2015 substantially in the form presented at this meeting, with Warren County to reimburse the Town up to fifty-percent (50%) of the actual expenses incurred or up to the amount of $6,607 for the Town's provision of these services, and authorizes and directs the Town Supervisor to execute the Agreement with insurance provisions consistent with Town Policy and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of January, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS ANIMAL HOSPITAL RESOLUTION NO.: 54,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, in the past the Town of Queensbury has contracted with the Glens Falls Animal Hospital (Animal Hospital) for the Animal Hospital's boarding of animals and as necessary, Regular Town Board Meeting, 01-26-2015, MTG#4 552 euthanasia and cremation services and the Town has paid for services provided by the Animal Hospital in accordance with the schedule of fees established by the Animal Hospital, and WHEREAS, the Town of Queensbury wishes to enter into a written agreement with the Animal Hospital for the Animal Hospital's boarding of animals and as necessary, euthanasia and cremation services, and WHEREAS, the Town of Queensbury will exhaust all avenues to place healthy animals with foster families or forever homes, work directly with all 501(C)(3) Rescue groups and Warren County SPCA, make every effort to avoid euthanasia, and only select euthanize as a last resort, and WHEREAS, a proposed Agreement for the year 2015 has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the 2015 Agreement between the Town and Glens Falls Animal Hospital providing for the Glens Falls Animal Hospital's boarding of animals and as necessary, euthanasia and cremation services, substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement on behalf of the Town of Queensbury, and the Town Board further authorizes and directs the Town Supervisor, Animal Control Officer 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 26th day of January, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ECONOMIC DEVELOPMENT CORPORATION - WARREN COUNTY RESOLUTION NO.: 55,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess Regular Town Board Meeting, 01-26-2015, MTG#4 553 WHEREAS, the Town and the Economic Development Corporation - Warren County (EDC) recognize the need to revitalize the local economy by increasing the number of jobs for Town residents by attracting high technology and other industries to the area, and WHEREAS, in accordance with the Not-for-Profit Corporation Law §1411(a) and EDC's Certificate of Incorporation, the purposes of the EDC are the exclusively charitable or public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, carrying on scientific research for the purpose of aiding a community or geographical area by attracting new industry to the community or area or by encouraging the development of, or retention of, an industry in the community or area, and lessening the burdens of government and acting in the public interest, and WHEREAS, the Not-for-Profit Corporation Law specifically finds that corporations organized under §1411 perform an essential governmental function, and WHEREAS, the Town Board strongly supports EDC's important mission to improve employment opportunities and economic development in the Town, and WHEREAS, the Town wishes to enter into an agreement with EDC and a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with the Economic Development Corporation - Warren County presented at this meeting with funding in the amount of$114,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and 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 26th day of January, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish Regular Town Board Meeting, 01-26-2015, MTG#4 554 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LAND CONSERVANCY, INC. RESOLUTION NO.: 56,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Queensbury Land Conservancy for the purpose of helping to preserve open space in the Town of Queensbury, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Queensbury Land Conservancy for the year 2015 with funding for the Agreement not exceeding the sum of$20,000 and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. Duly adopted this 26th day of January, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING ENGAGEMENT OF COST CONTROL ASSOCIATES, INC. TO AUDIT TOWN UTILITY AND/OR TELECOMMUNICATION BILLS RESOLUTION NO.: 57,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to engage the services of a consultant to audit the Town's utility and/or telecommunication bills as previous audits have resulted in significant recovery of past over-billings as well as reductions in ongoing telecommunication/utility billings, and Regular Town Board Meeting, 01-26-2015, MTG#4 555 WHEREAS, in the past the Town Board engaged the services of Cost Control Associates, Inc., to perform these auditing services and was pleased with its services, and WHEREAS, Cost Control Associates, Inc., will be compensated for its services from refunds received by the Town and future utility savings as set forth in the proposed Cost Reduction Agreement presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes engagement of the auditing services of Cost Control Associates, Inc., and further authorizes and directs the Town Supervisor to sign the Cost Reduction Agreement and Letter of Authorization substantially in the form presented at this meeting, as well as any other needed documentation, with the costs of the auditing services to be paid for from recovery of past telecommunication/utility over-billings as well as reductions in ongoing billings, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Town Counsel to take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of January, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS RESOLUTION NO.: 58,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury wishes to enter into an Agreement with Cellco Partnership d/b/a Verizon Wireless regarding wireless services, and WHEREAS, such proposed Agreement is presented at this meeting and is in form acceptable to Town Counsel, Regular Town Board Meeting, 01-26-2015, MTG#4 556 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes an Agreement with Cellco Partnership d/b/a Verizon Wireless regarding wireless services, substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Agreement and any other necessary documentation and authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of January, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING PURCHASE OF IPADS RESOLUTION NO.: 59, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess WHEREAS, the Town of Queensbury wishes to purchase seven (7) iPads and accessories through Verizon for use by certain Town Departments, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PS 63766, Group No.: 77017, Award No.: 20268, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the purchase of seven (7) iPads and accessories for use by certain Town Departments from Verizon for the total amount not to exceed $8,500, in accordance with State Contract No.: PS 63766, Group No.: 77017, Award No.: 20268, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for such Regular Town Board Meeting, 01-26-2015, MTG#4 557 purchases shall be from Account No.: 204-1680-2032, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of January, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING REINSTATEMENT AND APPOINTMENT OF CARLENE RAMSEY AS REAL PROPERTY TAX SERVICE ASSISTANT RESOLUTION NO.: 60,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury's Assistant Assessor 2 recently left employment with the Town and therefore there is a vacancy in the Town Assessor's Office, and WHEREAS, Carlene Ramsey, the former Real Property Tax Service Assistant in the Town Assessor's Office, and current Senior Clerk in the Building and Codes Department, has applied for a transfer and reinstatement in the Real Property Tax Service Assistant position, and WHEREAS, the Town Assessor has requested Town Board authorization to transfer Ms. Ramsey from the Senior Clerk position to the Real Property Tax Service Assistant position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the transfer and reinstatement of Carlene Ramsey in the Real Property Tax Service Assistant position in the Town Assessor's Office effective January 27t1i 2015, subject to an eight (8)week probationary period and any applicable Civil Service requirements, and BE IT FURTHER, Regular Town Board Meeting, 01-26-2015, MTG#4 558 RESOLVED, that Ms. Ramsey shall be paid the annual salary of$40,800, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town 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 26th day of January, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION TO AMEND 2014 BUDGET RESOLUTION NO.: 61,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess 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 2014 Town Budget as follows: From To Code Appropriation Code Appropriation S 001-1345-1010 Legal Ad 001-1345-1010 Wages 105 001-1355-4400 Misc. Contractual 001-1355-1010 Wages 260 001-1410-4400 Misc. Contractual 001-1410-1010 Wages 3250 001-1620-1010 Wages 001-1460-1010 Wages 2950 001-1620-1010 Wages 001-1650-4100 Telephone 3250 001-1680-1010 Wages 001-1670-1010 Wages 645 001-1680-1010 Wages 001-1670-4030 Postage 675 001-1990-1010 Contingency 001-3410-1010 Wages 1820 001-1990-110 Contingency 001-3510-1010 Wages 500 001-3510-4030 Postage 001-3510-4110 Vehicle R&M 25 001-3620-4090 Training 001-3620-1010 Wages 400 001-3620-4110 Vehicle R&M 001-3620-1010 Wages 400 001-3620-4410 Fuel 001-3620-1010 Wages 1000 001-1990-1010 Contingency 001-3620-1010 Wages 600 Regular Town Board Meeting, 01-26-2015, MTG#4 559 001-5010-4080 Legal Ad 001-5010-1020 Overtime 375 001-1990-1010 Contingency 001-5010-1010 Wages 1875 001-9010-8010 NYS Retirement 001-5182-4305 Street Lights 7450 001-7110-1010 Wages 001-7020-1010 Wages 6200 001-7110-1020 Overtime 001-7020-1010 Wages 1600 001-1990-1010 Contingency 001-7020-1010 Wages 8300 001-1990-1010 Contingency 001-8010-1010 Wages 5610 001-1990-1010 Contingency 001-8020-1010 Wages 6150 004-5142-1010 Wages 004-5130-1010 Wages 3900 020-0000-0909 Fund Balance 020-5182-4305 Street Lighting 590 024-5182-4305 Fund Balance 024-5182-4305 Street Lighting 3770 040-8310-1010 Wages 040-8320-1010 Wages 4800 040-9010-8010 NYS Retirement 040-9030-8030 Social Security 3550 Duly adopted this 26th day of January, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT : Mr. Irish RESOLUTION SETTING PUBLIC HEARING ON 2015 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO.: 62,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, in accordance with Town Law §184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the Agreement currently in effect between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) expired on December 31, 2014, and WHEREAS, the Town and the Squad have negotiated terms for a new one (1) year Agreement for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning the proposed 2015 Agreement for emergency ambulance service, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning Regular Town Board Meeting, 01-26-2015, MTG#4 560 the proposed 2015 emergency ambulance services Agreement between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc., on Monday, February 911i 2015 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 26th day of January, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING PURCHASE OF 2014 FORD F150 4X4 PICK-UP REPLACEMENT TRUCK FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 63, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess WHEREAS, in accordance with Resolution No.: 433,2014, the Town of Queensbury's Purchasing Agent duly advertised for bids for the purchase of a 2014 or newer 1/2 ton pick-up truck to replace a 2006 Ford F250 truck(Asset #4253) to be retired in the Water Department as set forth in bid specifications prepared by the Water Superintendent and/or Purchasing Agent, and WHEREAS, on January 21St, 2015, the Purchasing Agent duly opened the two received bids for a 2015 Ford F150 pick-up truck, and one bid amount was for $24,481 and the other was for $24,290, and WHEREAS, the Purchasing Agent and Water Superintendent have advised that the State Contract Price for a 2014 Ford F150 pick-up truck at Henderson Ford of Webster, New York is $22,515.23, and WHEREAS, the Water Superintendent would like to add undercoating for an additional $359.10 for a total price of$22,874.33, and WHEREAS, the Town Water Superintendent and Purchasing Agent have therefore recommended that the Town Board authorize the truck purchase from Henderson Ford of Webster, New York in accordance with State Contract No.: PC66390 for the amount of Regular Town Board Meeting, 01-26-2015, MTG#4 561 $22,874.33, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Water Superintendent's purchase of a 2014 Ford F150 4x4 Pick-Up Truck for use by the Town Water Department from Henderson Ford of Webster, New York for the amount of $22,874.33, in accordance with State Contract No.: PC66390, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the additional expenditure of $1,250 toward the purchase of certain accessories including decals, antennae, lights, job box, etc., to make it Queensbury Water Department ready, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for such truck and accessories shall be from Vehicles Account No.: 040-8340-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to transfer $24,125 from the Town Water Department's Fund Balance to Account No.: 040-8340-2020 and amend the 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 hereby authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the retired Water Department 2006 Ford F250 truck (Asset #4253) and deposit any sales proceeds into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 01-26-2015, MTG#4 562 Duly adopted this 26th day of January, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF JANUARY 27T, 2015 RESOLUTION NO.: 64,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of January 22"d 2015 and a payment date of January 27t1i, 2015, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of January 22"d 2015 and a payment date of January 27th, 2015 totaling $1,790,518.99, 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 26th day of January, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish 4.0 CORRESPONDENCE - NONE 5.0 PRIVILEGE OF THE FLOOR DR. DAVE JUDKINS, Butler Pond Road noted that he did not attend the public meeting held by `Just Beverages' and questioned whether there was an update regarding the company using the property for the purpose of operating a business in a ten (10) acre land conservation designated area? SUPERVISOR STROUGH noted that the meeting was very thorough, in-depth and lengthy but the town has not received any written submittal from `Just Beverages'. Regular Town Board Meeting, 01-26-2015, MTG#4 563 SEAN CRAINE questioned the board if they would classify `Just Beverages' as a commercial operation? SUPERVISOR STROUGH stated that it would be unfair to say anything until the town receives a submission; we can't give an answer with no submission. It would be unfair to you, unfair to the applicant and unfair to the public for the town to make judgments at this point in time. MR. CRAINE questioned if`Just Beverages' discussed with you just how much water they plan on pulling out of that well per year? SUPERVISOR STROUGH referred to the public meeting that they held and it was suggested that one of the topics could be the limitation of truck routes or trucks. Again, we have nothing in writing. COUNCILMAN CLEMENTS noted that some of your questions were answered at the public informational meeting and suggested reaching out to Jim Siplon from `Just Beverages'. MIKE O'CONNOR referred to letter that he sent to Supervisor Strough last week and questioned whether he could schedule a meeting with the Town Board at a workshop. SUPERVISOR STROUGH noted that he just shared his letter with the Town Board and agreed to schedule his request at one of the upcoming workshops. JOHN SALVADOR thanked the Town Clerk for her extraordinary undertaking that she performed in a timely fashion for me this past week; it was an unusual FOIL request that was lengthy and involved. Read from recent final Decision and Order from State Supreme Court Justice Richard T. Aulisi regarding the application of Jean Hoffman's Article 78 petition challenging the Town's project review board's for not granting after the fact variances for excess of three point five (3.5) feet in boathouse height and two hundred and seventy-eight (278) square feet of excess sundeck area. Notes a specific quote, "This Court declares that the Town of Queensbury has no jurisdiction to regulate docks and boathouses on Lake George and further holds that determinations of the Town's Zoning Board of Appeals and Planning Board relating to petitioner's boathouse are hereby vacated". The Court's declaration with respect to the Town of Queensbury's lack of jurisdiction was based on the fact that the State's paramount authority on its navigable waterways is not limited to the regulation of navigation alone but quote "extends to every form of regulation in the public interest and the court relies on a 1957 Court of Appeals determination in that regard". This predates the town's zoning and in fact, you never had jurisdiction. I have a copy of this in letter form and attached Judge Aulisi's decision. Noted that based on this decision along with Judge Krogmann's decision regarding the Hart Family, LLC, it should be clear to the officials of this town that their jurisdiction does not extend into the navigable waters of the lake. Expecting the town to undertake the procedures necessary for the town's regulatory program to conform with the court's orders in a manner sufficient to guarantee an effective and orderly discontinuance of the regulation of accessory structures on water known to be the navigable waters of Lake George. The fact that these accessory structures are inventoried by the Town Assessor leads to them being taxed and it's improper. We pay a fee to the Park Commission and one fee is enough. 6.0 TOWN BOARD DISCUSSIONS Ward I—Nothing to report Ward II—Nothing to report Ward IV—Nothing to report SUPERVISOR STROUGH -Read from the Town Historian, Dr. Marilyn VanDyke's report regarding the Quakers found at the Corner of Bay and Quaker Road, noting that because of Marilyn's efforts we are not listed on the State Register of Historic Places and the submission has been forwarded as a nomination to Regular Town Board Meeting, 01-26-2015, MTG#4 564 the National Register of Historic Places. Thanked Marilyn VanDyke for all of her efforts in this matter. -Read from the Town Fire Marshal, Mike Palmer's yearly report detailing all of their inspections and thanked Mike and his crew. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 65, 2015 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from its Regular Town Board Meeting. Duly adopted this 26th day of January, 2015 by the following vote: AYES: Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. Irish RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY