2015-07-20 MTG 23 REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 852
REGULAR TOWN BOARD MEETING MTG#23
July 20, 2015 RES# 244-259
7:00 P.M. BOH #15-16
LL #3, 2015
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, ESQ.
PRESS
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POST STAR
SUPERVISOR STROUGH called meeting to order...
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STROUGH
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 244, 2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Brian Clements
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and moves into the Queensbury Board of Health.
Duly adopted this 20th day of July, 2015, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: Mr. Irish
BOARD OF HEALTH
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF JANET M. WESTCOTT
RESOLUTION NO.: BOH 15,2015
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 853
WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and
is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage
Disposal Ordinance, and
WHEREAS, Janet M. Westcott (Applicant) has applied to the Local Board of Health for a
variance from Chapter 136, §136-11, which requires applicants to obtain a variance for holding
tanks as the Applicant wishes to install a 3,000 gallon holding tank system to replace the current
wastewater system, and
WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to
allow placement of such holding tank system:
1. 1' from the west property line in lieu of the required 10' setback; and
2. 3' from a structure in lieu of the required 10' setback;
on property located at 50 Rockhurst Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public
hearing on Monday, August 3rd, 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay
Road, Queensbury, to consider Janet M. Westcott's sewage disposal variance application
concerning property located at 50 Rockhurst Road in the Town of Queensbury (Tax Map No.:
227.13-2-56) and at that time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the
Notice to neighbors located within 500 feet of the property as required by law.
Duly adopted this 20th day of July, 2015, by the following vote:
AYES Mr. Metivier, Clements, Mr. VanNess, Mr. Strough
NOES None
ABSENT: Mr. Irish
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 16,2015
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 854
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves
back into Regular Session of the Queensbury Town Board.
Duly adopted this 20th day of July, 2015 by the following vote:
AYES: Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mr. Irish
REGULAR SESSION
2.0 PUBLIC HEARINGS
2.1 Public Hearing — Final Consolidation Agreement for Consolidation of Queensbury
Consolidated Water District and Queensbury Consolidated Water District Extension No. 49
Publication Dates: June 22, 2015,June 29,July 6,2015,July 13,2015
SUPERVISOR STROUGH-I will open the public hearing and see if any member of the public
wishes to speak to this? Seeing none, any council members have any questions? Hearing none,
moved by Councilman VanNess, seconded by Councilman Clements, roll call vote on this please
and I will close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING FINAL CONSOLIDATION AGREEMENT
FOR CONSOLIDATION OF QUEENSBURY CONSOLIDATED
WATER DISTRICT AND QUEENSBURY CONSOLIDATED
WATER DISTRICT EXTENSION NO. 49
RESOLUTION NO.: 245,2015
INTRODUCED BY: Mr.William VanNess
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
WHEREAS, occasionally, individual property owners outside the QCWD but with Town
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 855
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 June 1St, 2015, the Town Board established the
Queensbury Consolidated Water District Extension No. 49 to the QCWD to serve the proposed
Leuci Subdivision on Peggy Ann Road ('QCWDX"), and
WHEREAS, water mains and fire hydrants are currently being constructed to serve the
parcels within the QCWDX and no new capital improvements are required, 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 June 1St, 2015 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,
July 2011i 2015, 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, 07-20-2015,MTG 423 856
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 20th day of July, 2015 by the following vote:
AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES: None
ABSENT: Mr. Irish
2.2 Public Hearing — Local Law To Amend Queensbury Town Code Chapter 168
"Entitled, "Vehicle,Recreational"
Publication Date: July 10, 2015
SUPERVISOR STROUGH-Any member of the public wish to have comment? Any concerns,
share thoughts on this matter? Seeing none, Counsel? Any thoughts?
COUNCILMAN CLEMENTS-No, I think we talked about it quite a bit so.
COUNCILMAN VANNESS-And quickly I think one of the main reasons we moved this way was
because of the damage that one of our trails down on the Hudson Pointe area and it was caused by
an ATV at the time, we had photographs and there was nothing at the time that we had with any
teeth that we could do something about and basically destroyed that bridge that was built down
there. So I think we've got to do something to stop the vandalism.
SUPERVISOR STROUGH-Yes, if it's not there, it's elsewhere and we've got the public regularly
using these trails. Okay, I will close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION ENACTING LOCAL LAW NO.: 3 OF 2015
TO AMEND QUEENSBURY TOWN CODE CHAPTER 168 ENTITLED,
"VEHICLES, RECREATIONAL"
RESOLUTION NO.: 2469 2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 3
of 2015 to amend Queensbury Town Code Chapter 168, entitled, "Vehicles, Recreational,"to revise
certain language, including, among other things, to clarify that the operation of all-terrain
vehicles and/or snowmobiles is prohibited on municipal property, except on those Town
highways or those areas of municipal property specifically designated for such use, and
WHEREAS, adoption of this legislation is authorized by New York State Municipal Home
Rule Law §10, and
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WHEREAS, New York Municipal Home Rule Law requires a public hearing to be held
prior to adoption of a Local Law and the Town Board duly held such public hearing on Monday,
July 20t1i 2015 and heard all interested persons, and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2015 to
Amend Queensbury Town Code Chapter 168 entitled "Vehicles, Recreational," as presented at this
meeting, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to file the Local Law with the New York State Secretary of State in accordance with the
provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect
immediately upon filing with the Secretary of State.
Duly adopted this 20th day of July, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess
NOES None
ABSENT: Mr. Irish
TOWN OF QUEENSBURY
LOCAL LAW NO.: 3 OF 2015
A LOCAL LAW TO AMEND CHAPTER 168 OF QUEENSBURY TOWN
CODE ENTITLED, "VEHICLES, RECREATIONAL"
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURYAS FOLLOWS:
SECTION 1. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article I entitled, "Snowmobiles," §168-3 entitled, "Closing highways" is hereby amended as
follows:
§ 168-3. Closing highways.
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 858
The Town Supervisor of the Town of the Chief of Peliee or his/her designee is hereby
authorized at any time to close any street or part thereof in the Town of Queensbury to the
operation of snowmobiles, which operation, in his/her judgment, may constitute a safety or
health hazard.
SECTION 2. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article I entitled, "Snowmobiles," §168-5 entitled, "Conditions and restrictions," subsection B
entitled, "Financial security," is hereby amended as follows:
B. Financial security. It shall be unlawful for any person to operate a snowmobile on any
Town highway or on any Municipal Property publ e lands th°reef unless the owner or
operator of such snowmobile is insured against public liability and carries with him proof
of such financial responsibility, such as a certificate of liability insurance of the type,
coverage and minimum amount as defined and required of owners and operators of motor
vehicles by the Vehicle and Traffic Law of the State of New York. Such proof shall be
displayed by the owner or operator of any snowmobile upon request to any law
enforcement officer or to any person who has suffered or claims to have suffered either
personal injury or damage to property as a result of the operation of such snowmobile by
such owner or operator.
SECTION 3. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article I entitled, "Snowmobiles," is hereby amended to add a new subsection §168-6 entitled,
"Operation on Trails and Municipal Property Prohibited," as follows:
A. No person shall operate a snowmobile on Municipal Property, including but not
limited to parkland, except on those Town highivays or those areas of Municipal
Property specifically designated by the Town Board for use by snowmobiles.
R No person shall operate a snowmobile on Town trails and walking paths, except for
those specifically designated by the Town Board for use by snowmobiles.
SECTION 4. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article I entitled, "Snowmobiles," is hereby amended to renumber the clause entitled, "Penalties
for offenses," from §168-6 to §168-7 (and renumbering the clauses thereafter) and to read as
follows:
§168-7 Penalties for offenses.
A. A failure to comply ivith the proi,isions of this article shall be deemed a i4olation, and
the i4olator shall be subject to a fine not exceeding $500 for a first offense and not
exceeding $950 for a second or subsequent offense.
R The parent(s), legal guardian or other person hai,ing custody of a person ivho is under
the age of 16 years at the time of the i4olation of this article by such person under the
REGULAR TOWN BOARD MEETING, 07-20-201 ,MTG 423 859
age of 16 years shall likeivise be guilty of a i4olation, if after a hearing by a court of
competent jurisdiction and after a determination that such i4olation occurred by such
person under 16 years, and shall be subject to a fine not to exceed $500 for a first
offense and not exceeding $950 for a second or subsequent offense.
C. In addition to any fine, any person ivho damages Municipal Property shall be ordered
to pay full restitution to the Toivn for all such damages. In the case of a person under
16 years of age, the parent(s), legal guardian or other person hai,ing custody shall be
ordered to pay such restitution.
D. In addition to the aforesaid penalties, the Toivn Board of the Toivn of Queensbury may
institute any proper action, suit or proceeding to prei�ent, restrain, correct or abate any
i4olation of this article.
vielatef shall be liable to a fine of not less than $5 nef mefe than $10 f0f a fifst effense; f0f a
seeend effense, by a fine of not less than $10 nef fnefe than $25 of by of not fnere
than 10 days; and fef the thifd of any subsequen4 effense within one yeaf, by a fine not to e�Eeeed
$100 of b * . * �en4 not to e�Eeeed 30 days, of by both sueh fine and impfisenmen4. in
addition to the afefesaid penalties, the Town BE)afd of the Town of Queensbufy fnal _y
SECTION 5. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-10 (previously §168-9) entitled, "Definitions" is
hereby amended to amend the definition of"Municipal Property" as follows:
MUNICIPAL PROPERTY
Rol Property, other than Town highways, owned, leased or used by the Town of
Queensbury any leeal gevefnfnent of enta a °
SECTION 6. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-10, "Registration" is hereby deleted in its
entirety as follows.
§ 168 10. Registration.
A. All ATNI's shall be Fegistefed with the Town of Queensbufy thfough the Town Clefk's
effiee. The annual fee shall be $5, payable to the Town of Queensbufy, and shall be Fenewable
fine not to e�Eeeed $50.
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 860
paFent(s) of legal guafdians.
the opefation and r istf,tio of any ATNI.
displayed on both sides of the ATNI in a eenspieueus fnann
and disc ,,e five ri be f assigned•1„the r istf,tio stiekef.
G. Th . . . fef fegistfation shall apply on and aftef Febpdafy 1, 1986, and shall
eentinue in eff-eet until pfeempted by state law.
SECTION 7. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-11, "Operation" is hereby amended to delete
Subsection §168-11(G) as follows:
SECTION 8. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-14, "Operation on highways and public
property" is hereby amended as follows:
A. No person shall operate an ATV on a Town highway or Municipal Property
(which, ivithout limitation, also includes properties managed by the Town such
as the prei,ious Faith Bible Church property, a 69.22 acre parcel acquired by
the Beai,erkill Conservancy, Inc., an affiliate of the Open Space Institute),
except on those Town highways or those areas of Municipal Property specifically
designated for use by ATV's.
B. No person shall operate an ATV on Town trails and walking paths, which
includes Town trails oi,er properties which, while owned by other persons, the
Town has the right to manage or maintain the trails, whether by Easement,
License, Lease, Agreement or otherwise.
C. No person shall operate a motorcycle or any motor i,ehicle, whether registered
or unregistered, on any Town trails and walking paths.
SECTION 9. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-15, "Exceptions" is hereby amended as follows:
This article shall not apply to police or emergency vehicles or to any i,ehicle specifically
authorized by the Town Board.
REGULAR TOWN BOARD MEETING, 07-20-201 ,MTG 423 861
SECTION 10. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-16, "Penalties for offenses" is hereby amended
as follows:
A. A failure to comply with the provisions of this article shall be deemed a violation,
and the violator shall be subject to a fine not exceeding X00 $500 for a first
offense and not exceeding $950 for a second or subsequent offense.
B. The parent(s), legal guardian or other person having custody of a person who is
under the age of 16 years at the time of the violation of this Article by such person
under the age of 16 years shall likewise be guilty of a violation, if after a hearing
by a court of competent jurisdiction and after a determination that such violation
occurred by such person under 16 years, and shall be subject to a fine not to
exceed $4-00 $500 for a first offense and not exceeding $950 for a second or
subsequent offense. In addition to any fine, any person ivho damages
Municipal Property shall be ordered to pay full restitution to the Toivn for all
such damages. In the case of a person under 16 years of age, the parent(s),
legal guardian or other person hai,ing custody shall be ordered to pay such
restitution.
C. In addition to the aforesaid penalties, the Toivn Board of the Toivn of
Queensbury may institute any proper action, suit or proceeding to prei,ent,
restrain, correct or abate any 1olation of this article.
SECTION 11. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-17, "Enforcement" is hereby amended as
follows:
This Article shall be enforced by the Warren County Sheriff s Department, the New
York State Police, shall enfefee the pfevisions of this affiele and the Town fn Uell
ether and the Code Enforcement Officers as may be neeessaf of the Toivn of Queensbury.
SECTION 12. Severability.
If any part of this Local Law shall be declared invalid by a Court of competent
jurisdiction, such declaration shall not affect or impair in any way any other provision and all
other provisions shall remain in full force and effect.
SECTION 13. Effective Period.
REGULAR TOWN BOARD MEETING, 07-20-201 ,MTG 423 862
This Local Law shall take effect immediately upon filing in the Office of the New York
Secretary of State as provided by Municipal Home Rule Law §27.
2.3 Public Hearing — Proposed Local Law to Amend Queensbury Town Code Chapter
179 "Zoning" Section 179-12-10(A)(3) to Allow Planned Unit Development (PUD) in Office
Zones
Publication Date: July 10, 2015
SUPERVISOR STROUGH-Anyone like to speak to the PUD and proposing that to be in the
Office Zone? Technically, it can be any zone. Yes, Matt.
MATT FULLER, ESQ.-Thank you and good evening. For the record Matt Fuller with Meyer &
Fuller in Lake George and as the Board is aware I represent the property owner with a large
amount of property in the Office Zone right here on Bay Road. I was at the meeting last week,
the workshop that we talked about with some of the sewer issues that I know the Town Board is
proceeding with but I wanted to give you a couple of comments in support of this legislation. I
know we talked about it briefly last week at the meeting too and my concern is, obviously given
what we've been through over on the corner is and leaving open holes for somebody to poke in
and ideas here, from a litigation standpoint. I said it last week and I wasn't speaking off the
cuff, I'm pretty certain when we were sitting there but under Town Law 261C, the Town Board,
that's the authorizing statute that gives the Town Board the authority to permit Planned Unit
Developments or Planned Developed Districts, whatever people want to call them in zoning and
it also allows the Town Board to enact procedures and requirements for the establishment and
mapping of Planned Unit Developments, Development Zoning Districts and that was my concern
last week with the, `technically we don't have to do anything'. I think, given what we've been
through particularly across the street, I think any court would pick up the wording that you've
got in your Zoning right now, read it as black letter law and say, the Town Board, you, previous
generations of the Board have made the decision to restrict where Planned Unit Developments
can be and I think that language is in the Zoning. So I think what you should do is amend that
part of it, it's a very simple one that would allow the consideration of Planned Unit
Developments in the Office Zone. The granting of PUD's and I have been at some of the
meetings and heard the dooms day scenarios, the granting of PUD's in the Office Zone will not
create a massive increase in density. As the Supervisor pointed out, it's still ultimately the Town
Board as a legislative body that gets to decide at the onsite, yay or nay on a Planned Unit
Development. So even a proposal ... your zoning, thirty (30) acres is still required, it would be
up to this Board to waive that, it's not some massive density. It allows you flexibility, is really
the key here and I think again, obviously I, this would apply to the Office Zone or you could
limit it geographically to whatever Office, parts of the Office Zone, you've done that in the past
with West Mountain Road and whatnot. You know, it allows you the flexibility to frankly go
through what we went through over on the corner across the street which was, as I think Mr.
Clements had pointed out back in his Planning Board days, was a Planned Unit Development.
So that process I think can move forward and I know that the, coming up later here on your
agenda, you've got discussion on the sewer moratorium and that meeting that we had last week,
and all of that can take place. What this does and again, I think it gives us, all of us the
flexibility to proceed with something that we all created. With that, I would ask the Board to
make that change, clarify it once and for all. I know you've got the opinion that possibly you
don't need to do that but I also like the belt and suspender approach.
SUPERVISOR STROUGH-And he also said, Mark Schachner, there's no harm in doing it this
way. I mean, and you're saying your comfort level is, well if the code says this, and Mark says,
if the state says...
ATTORNEY FULLER-I know.
SUPERVISOR STROUGH-And that's fine because Mark also repeated that there's no harm in
going this route. Now, one of the reasons why we talked about leaving this discussion open, at
least for a little while longer, is we don't want to say a PUD is okay in a zone that we know has
REGULAR TOWN BOARD MEETING, 07-20-201 ,MTG 423 863
to have some kind of adjustments made to it that in general won't affect a PUD because a PUD is
a packaged deal and that discussion will take place if and when it's presented to this Board.
ATTORNEY FULLER-Right.
SUPERVISOR STROUGH-And Mark said that it waiver's exemptions, amendments, anything
we have in our code, is completely the power of this Board, it's the Town Board. So, in any
event, we want to know what you want to say, we wanted to have the public hearing. I know
how you feel about this. The Board's comfortable, I think with going in this direction but I don't
want to speak for them. But they want to see what the public says as we move on, okay.
ATTORNEY FULLER-Appreciate it.
SUPERVISOR STROUGH-Okay thanks Matt.
ATTORNEY FULLER-Thanks.
SHARON BOGDAN-Good evening, my name is Sharon Bogdan and I live at 3 Gentry Lane,
Queensbury which is in the Baybridge development and I want to thank the Board for wanting to
hear what the public has to say. Mr. Metivier in the article on July 8th said, quote, we want to
hear what the public has to say, so thank you for your concern here. But our concerns are, as a
resident of a once quiet and tranquil senior development Queensbury Baybridge Homeowner's
Association, I ask that considerations be made before allowing further housing development at
the site of Fairfield Professional Park. Baybridge is predominately a seventy plus age
community. The current construction of a hundred and forty-eight (148) apartments at the
Cottage Hill Development adjacent to the Baybridge community has and will drastically change
our way of life as well as the life for the many deer that still roam the area. Many of us located
here because of the quality and the spaciousness the property presented. We do not know the
total effect of the Cottage Hill project until the people move in and yet consideration is being
given for even more housing. With the additional traffic of Cottage Hill alone our once walkable
roads used by seniors with their tricycles and walkers will be too busy to carry on these activities
safely. My husband and I would like to make the suggestion that you Board Members along
with Mr. Valente and Mr. Schermerhorn meet and walk the entire Baybridge and Cottage Hill
Community in order to get a true feel of what now exists because as you walk through these two
communities, it's very different than driving through the communities. It's what my husband
and I believe. And then after taking this walk, envision yet another housing depart, another
housing project prior to making your decision on this very important vote. We are hoping that
lifting the moratorium will not lead to a zoning change that would result in housing in what is
now the Fairfield Professional Park. Furthermore, we encourage you Town Board Members to
make the stand in preventing overdevelopment of housing in our area which would lead to the
diminishing quality of life for we seniors who call Baybridge our home.
SUPERVISOR STROUGH-So Sharon, are you saying that you would not wish a developer to
come up with a PUD, well in this case we're on a PUD topic but I think, or are you saying a
PUD or anything else that would encourage more multifamily residences?
MRS. BOGDAN-That's correct, that's what we...
SUPERVISOR STROUGH-That you're overwhelmed at this point where you are over on
Baybridge?
MRS. BOGDAN-Exactly.
SUPERVISOR STROUGH-Yes, I think we understand that and we'll consider that if the
developer put forward a PUD with multifamily only or overwhelmingly so, this Board would be
sensitive to that I think.
MRS. BOGDAN-Okay.
SUPERVISOR STROUGH-Okay?
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 864
MRS. BOGDAN-It just is a feeling of, if that happens, of us being sandwiched in you know, and
it was a onetime such a beautiful community for seniors and I speak for many of the people who
live in the development. As you know, many of us have spoken before publicly to you to have
consideration for this home...
SUPERVISOR STROUGH-Well we have a resolution 5.9 that I will be speaking to and
explaining in a minute, it's asking to extend the moratorium, we'll have a public hearing on this,
it's to set a public hearing on extending the moratorium another two months because we know
that the infrastructure capacity for sewer is limited so we should deal with that in a responsible
way. So this Board is going to look at various scenarios that will deal with that issue in a
responsible way but we'll keep your considerations in mind.
MRS. BOGDAN-Thank you.
COUNCILMAN VANNESS-Is it Mrs. Bogdan?
MRS. BOGDAN-Yes, correct.
COUNCILMAN VANNESS-Just one quick, you mentioned mostly multifamily dwellings
whether it'd be more senior complexes, whatnot, now you don't have really an issue with
professional office buildings being built there or is it more the multifamily?
MRS. BOGDAN-Well that's already set in place, isn't it? That it's already zoned for
professional offices, am I correct in saying that?
COUNCILMAN VANNESS-It is, yes but I mean in one of the, the big reason where we are at
today is sewer capacity.
MRS. BOGDAN-Right.
COUNCILMAN VANNESS-That's why I am asking you your feelings on that and that's what I
wanted to know.
MRS. BOGDAN-It would be nice if it would be just left a field. That's what we would really
like and then the deer would all be happy as well.
COUNCILMAN VANNESS-Right. Thank you.
SUPERVISOR STROUGH-Alright, thank you.
MRS. BOGDAN-Thank you again.
SUPERVISOR STROUGH-Alright, PUD, a Planned Unit Development, we've gone with
Planned Unit Developments before; there are advantages to them in the sense that it's planned.
It can be coordinated, the sidewalks, you know, it's not like what we see between the CVS and
Hannaford where people have made their own road going to CVS. You know because it should
be planned in a coordinated way and that's the advantage of a PUD but there may be reasons for
not allowing a PUD, that will be up to this Board as PUD's come before us, if they do. Yes sir,
please state your name for the record.
LUCAS DOBIE-Good evening gentlemen, for the record, Lucas Dobie at 24 Mark Drive which
is a new private subdivision road off of Tee Hill Road so I am a relatively new resident about six
(6) months but I've worked on Haviland Road for thirteen (13) years and recognize that the
zoning code, although extremely thorough is not perfect. So I support entirely the PUD concept
to allow a developer with a larger project to come in and tailor-make it for the land. So I am here
mostly with reference to the Fowler Square Project and the developers undoubtedly have
tremendous capability to pull it off and I think we'd have a really nice project. My only concern
is that I'd like the Board to consider and possibly the developer is on traffic, that Haviland Road,
Blind Rock Road, Bay Road intersection, I travel it three (3) or four (4) times a day and it's, the
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 865
traffic light is a nuisance. It's a long light and its forty-five (45) miles an hour each way. So,
presumably, I did not see the Planning Board application for Fowler Square project, presumably
they were going to be forced to widen the intersection with turning lanes I presume. My
question is, why go through all this trouble probably several tens of thousands of dollars for
additional pavement, signaling, let's, I ask the Board to consider possibly a traffic circle similar
to the Aviation Road project, probably a wider radius for the truck traffic. I think we have the
potential to make a really nice Town Square up here with nicely landscaped; everybody would
have to stop to navigate the circle so we can reduce our prospects for high speed traffic incidents.
The College is looking to expand and it's just going to be more and more traffic and I certainly
believe it could be mitigated. I understand it's county roads so there will be some political issues
undoubtedly, possibly there's some funding in place but maybe a solution can be found to work
in a nice traffic, a nice town center up here right next to the Town Hall and have a beautiful
Fowler Square project, possibly expanded College, it would really make it a nice landscaped
area.
SUPERVISOR STROUGH-Alright, you favor the PUD but you'd also like to see a roundabout
up there and this Board did, because you sent me a letter and I shared it with this Board, the
roundabout is another whole topic other than PUD's that we can have some day. Okay?
MR. DOBIE-Absolutely.
SUPERVISOR STROUGH-Alright, thank you.
MR. DOBIE-Thank you.
SUPERVISOR STROUGH-Any other member of the public wish to speak to having a PUD into
the Office Zone as an allowed zone? Seeing no more public discussion, I am going to leave this
open. It's the intent of this Board to try and package everything together. We need to do
something with the zone on Bay Road that we think is responsible. I don't think it's going to be
dramatic. I think that this Board can do something now that will put its foot in the right direction
and then as we see development occur along the Bay Road Corridor, tailor that to the
development as it occurs. Alright, so, and that is the consensus, we'll leave the PUD open until
we, we're going to package our whole Bay Road thoughts. Here's the plan, we think we can
come up with a solution; we'll have a public hearing on it, if everybody likes it, we'll wrap it up
in one resolution which would mean amend the zone and we'll end the moratorium in the same
evening. Okay so I will leave the public hearing open on this topic.
PUBLIC HEARING LEFT OPEN
3.0 HEARING
Hearing Approving/Disapproving Baybrook II, LLC's Application for Variance/Waiver
Request from Sanitary Sewer Connection Requirement - Town Code Chapter136 - Sewers &
Sewage Disposal
JON LAPPER-Attorney for the Applicant noted that the applicant is seeking a two year extension
for the connection of this property to the Town's sewer system.
TOWN COUNSEL HAFNER-I just want to confirm that the Town Board is approving the
resolution and including the bracketed bold language?
COUNCILMAN VANNESS-Approving and agreeing with the extension.
RESOLUTION APPROVING BAYBROOK II, LLC'S APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136 - SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 247,2015
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 866
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
variances from §136-44 "Connection to sewers required" which requires Town property owners
situated within a sewer district and located within 250' of a public sanitary sewer of the sewer
district to connect to the public sewer facilities within one(1)year from the date of notice, and
WHEREAS, Baybrook II, LLC (Applicant) applied to the Town Board for a
variance/waiver from Town Code §136-44.1 for a two (2) year extension of the Town's connection
requirements to connect its property located at 3-4, 7-9 Bay Brook Drive (six separate apartment
buildings) to the Queensbury Consolidated Sanitary Sewer District as set forth in its July 6th, 2015
application, and
WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the Applicant and the
Town Board conducted a hearing concerning the variance/waiver request on Monday, July 20,1'
2015,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board
determines that the temporary granting of the variance/waiver would not be materially
detrimental to the purposes and objectives of Queensbury Town Code Chapter 136
and/or adjoining properties or otherwise conflict with the purpose and objectives of any
plan or policy of the Town of Queensbury; and
b) the Town Board finds that the granting of the variance/waiver is reasonable and would
alleviate unnecessary hardship on the applicants; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves Baybrook II, LLC's
application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection
to sewers required" and hereby grants Baybrook II, LLC a two (2) year extension of time or until
July 2011i 2017 in which to connect its property located at 3-4, 7-9 Bay Brook Drive, Queensbury
(Tax Map No.: 296.11-1-28) to the Town of Queensbury's Queensbury Consolidated Sanitary
Sewer District, provided that Baybrook II, LLC connect to the Queensbury Consolidated Sanitary
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 867
Sewer District within three(3)years and no further extensions will be granted, and in the meantime,
if there is any change in property use, increase in septic use or additional bathroom facilities added,
then such variance shall immediately terminate unless the Queensbury Town Board reviews and
approves a new application for a variance/waiver, and furthermore, if the septic system has been
determined to fail or is modified by the Applicant, or if ownership of the property is transferred,
then the variance is terminated as well and the property must connect to the Queensbury
Consolidated Sanitary Sewer District,
BE IT FURTHER,
RESOLVED, that Baybrook II, LLC shall pay all charges due as if its property was
connected to the Queensbury Consolidated Sanitary Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
Duly adopted this 20th day of July, 2015 by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
NOES None
ABSENT: Mr. Irish
4.0 PRIVIL,EDGE OF THE FLOOR FOR RESOLUTIONS
BOB SEARS-Spoke regarding Resolution 5.9, `Resolution Setting Public Hearing on Proposed
Local Law No. Of 2015 to Extend Temporary Moratorium on Residential Multifamily
Construction Within Bay Road Office District'. (submitted map of area with wetlands overlay and
comparison document for Fairfield Professional Office Park—on file in Town Clerk's Office)
TRAVIS WHITEHEAD-Referred to Resolution 5.9, `Resolution Setting Public Hearing on
Proposed Local Law No. Of 2015 to Extend Temporary Moratorium on Residential
Multifamily Construction Within Bay Road Office District' and noted that he supports the
resolution.
JOHN SALVADOR-Spoke regarding Resolution 5.8, `Resolution Authorizing Lake George
Watershed Coalition to Submit Consolidated Funding Application to Capital Region Regional
Economic Development Council Regarding Planning and Design of Roadway, Stormwater
Management and Septic Management Improvements'.
DAN VALENTE, President of Legacy Land Holdings-Spoke regarding Resolution 5.9, `Resolution
Setting Public Hearing on Proposed Local Law No. Of 2015 to Extend Temporary Moratorium
on Residential Multifamily Construction Within Bay Road Office District' and noted that he has
been opposed to the moratorium from the onsite.
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 868
PETER COLLINS, Cleverdale-Referred to Resolution 5.8, `Resolution Authorizing Lake George
Watershed Coalition to Submit Consolidated Funding Application to Capital Region Regional
Economic Development Council Regarding Planning and Design of Roadway, Stormwater
Management and Septic Management Improvements' and noted that he supports the resolution.
5.0 RESOLUTIONS
RESOLUTION AUTHORIZING AMENDMENT OF TOWN WATER
DEPARTMENT WATER RATE SCHEDULE
RESOLUTION NO.: 248,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 362, 2012, the Queensbury Town Board enacted Local
Law No.: 5 of 2012 to amend Town Code §173-17 and §173-27 to adopt the Town of Queensbury
Water District Schedule of Water Rates and Water Service Fees, which Local Law also provides
that the Town Board may amend its water use rates and fees from time to time by Town Board
Resolution as provided under Town Law §198(3)(d), and
WHEREAS, the Town Water Department's current Schedule of Water Rates is as follows:
Water Rates
Amount of Water Used Rate
0 up to 8,000 Gallons $20.00
Over 8,000 up to 4 million Gallons $20.00 plus $1.85 for each
additional 1,000 gallons
Over 4 million Gallons $.92/1,000 gallons
Quarterly Flat Fee $114.62
Note: The above schedule is for billing on a quarterly basis
and
WHEREAS, the Town Water Superintendent has informed the Town Board that in order to
reflect the true cost of producing and distributing potable water, he recommends that the Town
Board amend the Water Department's Schedule of Water Rates, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs amendment of
the Water Department's Schedule of Water Rates, with such new Water Rates to be as follows:
Water Rates
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 869
Amount of Water Used Rate
0 up to 8,000 Gallons $25.00
8,001 Gallons to 3.25 Million Gallons $2.20/1,000 gallons
Over 3.25 Million Gallons $.78/1,000 gallons
Quarterly Flat Fee $135
Note: The above schedule is for billing on a quarterly basis
and
BE IT FURTHER,
RESOLVED, that such new Water Rates shall take effect commencing in the October 2015
—January 2016 billing period, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Water Superintendent and/or Town Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 20th day of July, 2015 by the following vote:
AYES Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. Irish
RESOLUTION AUTHORIZING CLOSURE OF HIGHWAY
AND TOWN HALL MECHANICALS REPLACEMENT
CAPITAL PROJECT FUND #182
RESOLUTION NO.: 249, 2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. William VanNess
WHEREAS, in accordance with Resolution No.: 108,2011, the Queensbury Town Board
established the Highway and Town Hall Mechanicals Replacement Capital Project Fund #182,
and
WHEREAS, the Town Facilities Manager has advised the Town's Accountant that the
Project is complete and therefore the Project Fund may be closed, and
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 870
WHEREAS, the Town's accounting records show that there is approximately $40,595.18
remaining in Fund #182, and
WHEREAS, the Town Board wishes to close such Fund #182 and transfer its remaining
balance to the Highway Facility Improvements Capital Project Fund #202,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Budget Officer to close the Highway and Town Hall Mechanicals Replacement Capital Project
Fund #182 and transfer its remaining $40,595.18 to the Highway Facility Improvements Capital
Project Fund #202, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Facilities Manager, Town Budget Officer and Accountant to take such other and further action as
may be necessary to effectuate all terms of this Resolution.
Duly adopted this 20th day of July, 2015, by the following vote:
AYES Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. Irish
RESOLUTION ADDING NORTHEAST ELECTRICAL INSPECTIONS, LLC
TO LIST OF TOWN OF QUEENSBURY APPROVED ELECTRICAL
INSPECTION SERVICES FIRMS AND AUTHORIZING DAVID NEAR,
LA.E.L, AS RESIDENTIAL ELECTRICAL INSPECTOR
RESOLUTION NO.: 250,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board previously adopted Local Law No. 4, 87 entitled,
"Electrical Law of the Town of Queensbury," and amended the Law at the time the Town Board
adopted the Queensbury Town Code(Chapter 80 -Electrical Standards), and
WHEREAS, Queensbury Town Code Chapter 80 delineates criteria for businesses and/or
individuals to perform electrical inspections within the Town of Queensbury, and
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 871
WHEREAS, the Town's Director of Building and Codes Enforcement recently received
information from Northeast Electrical Inspections, LLC, an electrical inspection service firm,
which has requested that it be added to the Town's list of approved electrical inspection service
firms, and
WHEREAS, Northeast Electrical Inspections, LLC has further requested that the Town
Board approve David Near, I.A.E.I, certified electrical inspector, as an approved residential
inspector at Northeast Electrical Inspections, LLC, and
WHEREAS, the Town's Director of Building and Code Enforcement has reviewed the
information from Northeast Electrical Inspections, LLC, as well as Mr. Near's credentials, and has
recommended that the Town Board authorize Northeast Electrical Inspections, LLC to make
electrical inspections and Mr. Near to make residential only electrical inspections within the Town
of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes Northeast
Electrical Inspections, LLC to make electrical inspections and David Near, I.A.E.I., to make
residential electrical inspections within the Town of Queensbury subject to compliance with the
standards set forth in Queensbury Town Code Chapter 80, including submission of the required fee
and certificate of insurance, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or the Director of Building and Codes Enforcement to sign any agreements and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 20th day of July, 2015, by the following vote:
AYES Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. Irish
RESOLUTION AUTHORIZING ACCEPTANCE OF $1,100 DONATION
FROM NORTHWAY CHRISTIAN FAMILY CHURCH
RESOLUTION NO.: 251,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 872
WHEREAS, the Northway Christian Family Church has offered to donate $1,100 to the
Town of Queensbury to support the efforts of the Town of Queensbury in meeting Town residents'
needs, and
WHEREAS, the Town Board is honored by this generous offer, feels that such donation will
benefit Town residents, and therefore wishes to approve and authorize such donation,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, in accordance with New York State Town
Law §64(8), hereby approves and accepts the $1,100 donation from the Northway Christian Family
Church, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to
deposit the donation in such account she deems appropriate, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to send a
certified copy of this Resolution to the Northway Christian Family Church with a letter from the
Town thanking the Church for its generosity.
Duly adopted this 20th day of July, 2015, by the following vote:
AYES Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. Irish
RESOLUTION AUTHORIZING LEASE AGREEMENT BETWEEN TOWN
OF QUEENSBURY AND NATIONAL BUSINESS EQUIPMENT FOR NEW
MACHINE TO BE LOCATED IN TOWN ASSESSOR'S OFFICE
RESOLUTION NO.: 252,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 69, 2015, the Queensbury Town Board authorized a Lease
Agreement for office equipment with National Business Equipment, and
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 873
WHEREAS, the Town wishes to enter into an additional Lease Agreement pertaining to a
new Kyocera Mita Model Taskalfa 5551ci machine to be located in the Town Assessor's Office,
and
WHEREAS, such proposed Lease Agreement is presented at this meeting and is in form
acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Lease
Agreement between the Town of Queensbury and National Business Equipment 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 Lease Agreement and any other necessary documentation and authorizes and directs
the Town Supervisor, Town Budget Officer, Town Assessor and/or Town Counsel to take such
other and further action necessary to effectuate the terms of this Resolution.
Duly adopted this 20th day of July, 2015, by the following vote:
AYES Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. Irish
RESOLUTION ADOPTING POLICIES AND
DESIGNATING RESPONSIBILITIES RELATED TO TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964
RESOLUTION NO.: 253, 2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, Title VI of the Civil Rights Act of 1964 (Title VI) and subsequent statutes,
regulations and executive orders protect individuals and groups from discrimination in programs
and activities that receive Federal financial assistance, and
REGULAR TOWN BOARD MEETING, 07-20-201 ,MTG 423 874
WHEREAS, discrimination on the basis of race, color, national origin, sex, age,
disability, low income or Limited English Proficiency status is prohibited and unlawful under the
above-referenced federal statutes, regulations and executive orders, and
WHEREAS, by accepting federal funding, the Town of Queensbury agree to Title VI
non-discrimination regulations and requirements and must comply with New York State
Department of Transportation's Office of Civil Rights (NYSDOT OCR) regarding Title VI
Program Reviews including taking action to address Title VI issues and vulnerabilities, and
WHEREAS, Title VI and related non-discrimination regulations apply to all Town
programs, services and activities, not just to those program area and activities receiving federal
assistance, and
WHEREAS, NYSDOT OCR has required the Town to adopt certain policies, procedures
and assign responsibilities to ensure compliance with Title VI and subsequent statutes,
regulations and executive order.
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury (Town Board) hereby
approves the Title 17 Assurance Statement in the form presented or in a form substantially
similar which is acceptable to the Town Supervisor, Town Senior Planner and Town Counsel
and authorizes the Town Supervisor to execute the same, and
BE IT FURTHER,
RESOLVED, that the Town Board designates Stuart Baker, Senior Planner as the Title 17
Coordinator for the Town with all responsibilities as noted on the position description presented
at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves and adopts the Tolvrr of Oueerrsbrrry
Limited English Proficiency (LEP) Plan in the form presented or in a form substantially similar
which is acceptable to the Town Supervisor, Town Senior Planner and Town Counsel and
authorizes the Town Supervisor to execute the same, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 875
RESOLVED, that the Town Board hereby approves and adopts the Title 17
Discrimination Complaints Procedure and Complaint of Discrimination Form in the form
presented or in a form substantially similar which is acceptable to the Town Supervisor, Town
Senior Planner and Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Title VI Coordinator and Town Counsel to take all actions necessary to effectuate this
Resolution, and
BE IT FURTHER
RESOLVED, that this Resolution shall take effect immediately
Duly adopted this 20th day of July, 2015, by the following vote:
AYES Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT : Mr. Irish
RESOLUTION AUTHORIZING CHEAP PETE'S LAWN CARE
TO MOW AN ADDITIONAL ABANDONED OR NEGLECTED
PROPERTY IN TOWN OF QUEENSBURY
RESOLUTION NO.: 254,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 168, 2015, the Queensbury Town Board approved the
Director of Building and Codes Enforcement's (Director) engagement of the monthly lawn mowing
services of Cheap Pete's Lawn Care for six(6)properties in a state of serious neglect, and
WHEREAS, the Director has advised the Town Board of an additional property in a similar
state of neglect located at 17 Park Avenue in the Town of Queensbury, and
WHEREAS, although the Town Court can impose fines, it lacks the authority to mandate
ongoing maintenance, and
WHEREAS, the Town Board has concluded that the condition of this property creates a
public health hazard due to concerns regarding fire and the harboring of ticks and other vermin in
the tall grass, and
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 876
WHEREAS, the Director reports that he has attempted to contact the owner of record by
certified letter and/or posting of the property and his efforts have been to no avail and he has been
unable to reach anyone or to obtain any resolution of the situation, and
WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the
owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds
or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush,
rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed
by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed
by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or
weeds were found and the expense so assessed shall constitute a lien and charge on the real property
on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the
same manner and at the same time as other Town charges,
NOW, THEREFORE, BE IT,
RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by
U.S. mail to the Property Owner of Record as set forth above requiring that they mow the lawn on
their land within 10 days and failing to do so, the Town will cause such action to be taken and the
cost thereof will be assessed by the Town Board on the real property and the assessment shall
constitute a lien and charge on the real property until paid or otherwise satisfied or discharged and
shall be collected in the same manner and at the same time as other Town charges, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves of the Director of Building
and Codes Enforcement's adding such property to the list of monthly lawn mowing services of
Cheap Pete's Lawn Care for the amount of$75 per month for such property for a period of three (3)
months (August 1St, 2015 — October 1St, 2015) for a total amount for such property not to exceed
$225, to be paid on a monthly basis upon Cheap Pete's Lawn Care submitting a proper invoice to
the Town outlining the dates on which the property was mowed, to be paid for from Account No.:
001-3620-4400, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to
amend the Town Budget and transfer $225 from Contingency Account No.: 001-1990-4400 to
Account No.: 001-3620-4400 and take any other and all actions necessary to provide for such
payment, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 877
RESOLVED, that the Town Board further authorizes and directs the Director of Building
and Codes Enforcement to inform the Town Assessor and/or Town Tax Receiver of the total
expenses of such cutting, trimming, removal or spraying of such property so that the expenses can
be properly assessed and constituted as a lien and charge on the real property on which it is levied
until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner
and at the same time as other Town charges, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions
necessary to effectuate the terms of this Resolution.
Duly adopted this 20th day of July, 2015, by the following vote:
AYES: Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mr. Irish
RESOLUTION AUTHORIZING LAKE GEORGE WATERSHED
COALITION TO SUBMIT CONSOLIDATED FUNDING APPLICATION TO
CAPITAL REGION REGIONAL ECONOMIC DEVELOPMENT COUNCIL
FOR PLANNING AND DESIGN OF ROADWAY, STORMWATER
MANAGEMENT AND SEPTIC MANAGEMENT IMPROVEMENTS
RESOLUTION NO.: 255,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the environmental health and overall quality of life in the Lake George
Watershed Area is critical to the social and economic well-being of the Town of Queensbury,
Warren County and the region in general, and
WHEREAS, the protection, preservation and proper management of water quality within
the Basin is an essential ingredient to maintaining this important natural resource as a key to the
social and economic vitality of this region, and
WHEREAS, the Town of Queensbury has been an active participant in developing the
critically important water quality management plan, and
WHEREAS, the adopted document, entitled, "Lake George — Plan for the Future" was
developed by municipalities in the Lake George Basin, including the Town of Queensbury, and it
identifies numerous recommendations and actions as being critical to pursuing the objectives of
preserving, protecting, and enhancing the water quality throughout the Basin, and
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 878
WHEREAS, New York State has recently solicited Consolidated Funding Applications
(CFA) for financial assistance from municipalities around New York State, and
WHEREAS, the Town of Queensbury desires to seek funding for preliminary planning
and design of road, stormwater and septic management improvements for portions of the
Assembly Point, Cleverdale and Rockhurst peninsulas on Lake George,
NOW, THEREFORE BE IT
RESOLVED, that the Queensbury Town Board, on behalf of the Town of Queensbury,
acting on behalf of and in concert with all the several communities that make up the Lake
George Watershed Coalition, hereby authorizes submission of a CFA dated on or by July 31,
2015 for planning and design projects as noted in the description presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury agrees to serve as custodian for such grant
funds, if awarded, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Senior Planner and/or Town Budget Officer to execute any documentation relating to such Grant
Application and to take any other action necessary to effectuate the terms of this Resolution.
Duly adopted this 20th day of July, 2015, by the following vote:
AYES Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT : Mr. Irish
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO. OF 2015 TO EXTEND TEMPORARY MORATORIUM ON
RESIDENTIAL MULTIFAMILY CONSTRUCTION WITHIN
BAY ROAD OFFICE DISTRICT
RESOLUTION NO.: 256,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 879
of 2015 entitled, "A Local Law to Extend Temporary Moratorium on Residential Multifamily
Construction in the Bay Road Office District for Additional Two (2) Months" which Law shall
authorize the extension of a temporary moratorium on site plan review and subdivision applications
regarding residential multifamily use properties located within the Town of Queensbury's Bay Road
Office District for an additional two (2) months, through October 911i 2015, or any earlier date that
the Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map
and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor, whichever
date comes first, and
WHEREAS, this legislation is authorized in accordance with New York State Municipal
Home Rule Law §10, and
WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this
Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, August 3rd
2015 to hear all interested persons and take any necessary action provided by law concerning
proposed Local Law No.: of 2015, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town
Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. of
2015 in the manner provided by law and send the Notice of Public Hearing to the Clerk of the
Warren County Board of Supervisors, Warren County Planning Department, Town of
Queensbury Planning Board and other communities or agencies that it is necessary to give
written notice to in accordance with New York State Town Law §264 and §265, the Town's
Zoning Regulations and the Laws of the State of New York, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby refers such proposed Local Law to the Warren
County Planning Department and the Queensbury Planning Board for their advisory
recommendations in accordance with General Municipal Law §239-m and Queensbury Town
Code §179-15-020, and directs the Community Development Department to take all actions
necessary to effect such referrals.
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 880
Duly adopted this 20th day of July, 2015, by the following vote:
AYES Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. Irish
RESOLUTION APPROVING AUDIT OF BILLS
WARRANT OF JULY 21ST, 2015
RESOLUTION NO.: 257, 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 July 16t1i 2015 and a payment date of July 21 st, 2015,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
date of July 16t1i 2015 and a payment date of July 21s, 2015 totaling $303,734.07, 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 20th day of July, 2015, by the following vote:
AYES Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. Irish
RESOLUTION ESTABLISHING PART-TIME, SEASONAL
ANIMAL CONTROL OFFICER POSITION AND
AUTHORIZING HIRING OF COLIN O'BRIEN
RESOLUTION NO.: 258,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 881
WHEREAS, the Queensbury Town Board wishes to establish a Part-Time, Seasonal Animal
Control Officer position, and
WHEREAS, the Warren County Department Personnel and Civil Service has reviewed the
proposed job duties for the position and has determined that Part-Time, Seasonal Animal Control
Officer is indeed the most appropriate title for the position as set forth in the New Position Duties
Statement adopted by the Warren County Department of Civil Service and presented at this meeting
and
WHEREAS, the Town Board wishes to hire such Part-Time, Seasonal Animal Control
Officer, such employee to work up to 30 hours per week, for a period of approximately 14 weeks,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby establishes the Part-Time, Seasonal
Animal Control Officer position as set forth in the New Position Duties Statement adopted by the
Warren County Department of Civil Service and presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the hiring of Colin
O'Brien to work as such Part-Time, Seasonal Animal Control Officer for up to 30 hours per week
for a period of approximately 14 weeks, effective on or about July 22"d 2015 through on or about
October 31St, 2015, subject to the Town successfully completing a pre-employment physical,
background checks as reasonably necessary to judge fitness for the duties for which hired, and
drug and/or alcohol screening, and
BE IT FURTHER,
RESOLVED, that Mr. O'Brien shall be paid $12 per hour, to be paid from the appropriate
payroll account, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Animal Control Officer and/or Town Budget Officer to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 20th day of July, 2015, by the following vote:
AYES Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 882
NOES : None
ABSENT: Mr. Irish
6.0 CORRESPONDENCE
Town Clerk Caroline Barber noted that the Building and Codes Supervisor's Monthly report has
been received and a letter from The Hyde Collection.
7.0 PRIVILEGE OF THE FLOOR
DR. DAVID JUDKINS, 286 Butler Pond Road-Spoke to the Town Board regarding the Just
Beverage's project.
TRAVIS WHITEHEAD-Requested the Town Board consider designating a Critical Environmental
Area for Marl Fen in the wetlands located at the south end of the runway at the airport.
ROBERT SCHULZ, 2458 Ridge Road-Read statement into the record regarding the Civic
Education and Common Core Standards. (statement with two exhibits are on file in the Town
Clerk's Office)
ANNETTE NIlNNICK-Referred to Hovey Pond and wanted to make the Town Board aware that
the quality of the water at Hovey Pond is deteriorating and becoming filled with algae.
SUPERVISOR STROUGH-Noted that the Town is aware and the Warren County Soil and Water
Conservation District is looking at some possible solutions.
JOHN SALVADOR-Spoke to the Town Board regarding the sewer line that runs down Cronin
Road and suggested that the Town consider a new pump station and keep all of the sewage that runs
down the west side of Bay Road off of Cronin Road.
8.0 TOWN BOARD DISCUSSIONS
COUNCILMAN VANNESS—WARD IV
• Thanked Councilman Metivier for the work being done at 42 Oak Tree Circle. I have had a
few of the neighbors stop and thank us for what's being done.
COUNCILMAN CLEMENTS —WARD II
• I would like to thank Jim Fitzgerald, our Animal Control Officer for his tireless work and
dedication to the residents. A Queensbury resident had a treed animal which they thought
was a badger two Friday's ago and after many calls to DEC locations and local animal
protection advocates, we had no success and Jim came, discovered that the animal was a
woodchuck. In less than ten (10) minutes he retrieved it and sent him along his way. The
residents were grateful and I wanted to thank him for his service to the Queensbury Town
residents.
• Thanked StoredTech for hosting a Disaster Recovery Plan meeting for all the department
heads in the town and I am looking forward to their responses as to how we are going to
extend that plan.
COUNCILMAN METIVIER—WARD I
• The red light at the corner of Ridge Road and Route 149 only allows one car thru and it's
been going on for a while now and I would like to have someone look into that.
• There have been a lot of problems up on Assembly Point and Cleverdale with pedestrians
REGULAR TOWN BOARD MEETING, 07-20-2015,MTG 423 883
and cars and people speeding. Would like to request the Sheriff be up there more.
• Referred to the Warren County Bike Trail and would like to recommend common courtesy
for the bicyclists when walking or walking your dog on the bike trail.
TOWN SUPERVISOR STROUGH
• We are working on scheduling a Hazardous Disposal Waste Day with Warren County for
sometime this Fall.
• I have another letter from a resident thanking Jim for the service he provided her when she
had an unsafe animal in her facility; he arrived almost immediately and took care of the
problem for her. I get many of those letters and emails over and over again about Jim's
great service.
• Queensbury Senior Citizens Monthly Flyer, they have all kinds of activities and trips, take
advantage of all they offer.
• The Town has received NYS Department of Transportation approval to lower the speed
limit on Dixon Road from 40 MPH to 35 MPH and the signs have been ordered.
• I have received many complaints from residents regarding fireworks. Please be respectful
• of your neighbor.
• Thanked Look TV and our Town sponsor StoredTech.
RESOLUTION TO ADJOURN REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 259,2015
INTRODUCED BY: Mr. Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their
Regular Town Board Meeting.
Duly adopted this 20t1i day of July, 2015 by the following vote:
AYES: Mr. VanNess, Strough, Mr. Metivier, Mr. Clements
NOES: None
ABSENT: Mr. Irish
No further action taken.
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY