2016-05-02 MTG 15
Regular Town Board Meeting, 05-02-2016, Mtg # 15 440
REGULAR TOWN BOARD MEETING MTG#15
MAY 2, 2016 RES# 165-180
7:00 P.M.
TOWN BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN DOUG IRISH
COUNCILMAN WILLIAM VANNESS
PRESS
LOOK TV
POST STAR
TOWN COUNSEL
ROBERT HAFNER, ESQ.
SUPERVISOR STROUGH called meeting to order…
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN WILLIAM VANNESS
SUPERVISOR STROUGH recognized the Queensbury Boys Alpine Ski Team who won the
New York State Championship; Coaches Steve Jackson and Katherine Coughlan, skier’s Alex
Hohman, Mike Guido and Hunter Montgomery. Supervisor Strough presented them with a
native slate framed plaque from the Queensbury Town Board which read the following:
‘We wish to congratulate the Queensbury Boys Alpine Ski Team and
Coaches Steve Jackson and Katherine Coughlan for winning the
New York State Public High School Athletic Association 2016 Boys
Alpine Ski New York State Championship hosted by White Face Mountain,
Wilmington, New York February 23, 2016 and skiers Alex Hohman,
Mike Guido and Hunter Montgomery’
Supervisor Strough then read the following proclamation:
P R O C L A M A T I O N
WHEREAS, the Queensbury Town Board wishes to recognize local student-athletes for
their exceptional performances on the athletic field, and
st
WHEREAS, the Queensbury High School Boy’s Alpine Ski Team, that ranked 1 place
in the (NYSPHSAA) Federation Meet, bringing victory to the Queensbury Union Free School
District and Town of Queensbury in the 2016 season, and
,
WHEREAS the Queensbury Spartans Boy’s Alpine Ski Team and its Coaches Steve
Jackson and Katherine Coughlan deserve special recognition of their accomplishments and the
Queensbury Town Board wishes to formally salute and recognize the entire team and Coaches for
representing the Queensbury School District and Town of Queensbury in such an exemplary
manner,
NOW, THEREFORE, the Queensbury Town Board,
hereby congratulates the
Queensbury Boy’s Alpine Ski Team and all the Coaches for their outstanding performance and
level of excellence during the 2016 season and achieving the title of New York State Champions,
and further expresses its sincere appreciation to the Boy’s Alpine Ski Team and their Coaches for
doing their part in making the Town of Queensbury a better place to live.
Regular Town Board Meeting, 05-02-2016, Mtg # 15 441
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GIVEN under the SEAL of the Town of Queensbury this 2 day of May, 2016.
____________________ _________________ ________________
JOHN F. STROUGH ANTHONY METIVIER BRIAN CLEMENTS
__________________ _________________
DOUG IRISH WILLIAM VANNESS
SUPERVISOR STROUGH recognized Warren Rosenthal, DEC Conservation Manager for the
Lake George Land Conservancy.
WARREN ROSENTHAL gave presentation to alert the public on the Hemlock Woolly Adelgid, an
invasive, aphid-like insect that attacks North American hemlocks. It is of great concern in our
community due to the fact there is a high concentration of Hemlock trees in Queensbury, Lake
George and basically the entire Lake George Watershed. To give an idea of the potential
devastation, this has killed about 40% (forty) percent of the Hemlocks in the Catskills. Our goal is
to do an early detection and take care of it before it becomes widespread. Mr. Rosenthal shared
some recommendations to the town residents and public that they can do to help and noted for
anyone interested in helping can contact him at wrosenthal@lglc.org or at 518-644-9673.
(Submitted informational handout)
1.0 PUBLIC HEARING
PUBLIC HEARING – DRAFT AMENDMENT TO TOWN OF QUEENSBURY
COMPREHENSIVE PLAN
PUBLICATION DATE: APRIL 22, 2016
SUPERVISOR STROUGH reviewed proposed amendments and noted that the Town Board
cannot take action; the Town Board is required to hold another public hearing which is scheduled
for Monday, May 16, 2016.
PUBLIC HEARING OPENED FOR PUBLIC COMMENT
No one spoke.
PUBLIC HEARING CLOSED
SUPERVISOR STROUGH reviewed proposed resolutions.
COUNCILMAN IRISH brought to the floor two additional Resolutions for the Town Board’s
consideration and read them into the record. (Resolutions added as 3.14 and 3.15)
2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS
GEORGE WINTERS, 4 John Clendon Road referred to Resolution 3.7, ‘Resolution To Amend
Budget’ and questioned why it mentions Animal Control Officer?
SUPERVISOR STROUGH noted that the town had to switch some funds around to meet the
new outsourcing of the animal control contract.
MR. WINTERS referred to Councilman Irish’s Resolution 3.14, ‘Resolution In Support Of
Queensbury School Board Decision’ and questioned whether this would affect him if he puts
solar on his house?
COUNCILMAN IRISH noted that he would not be affected.
TOWN BOARD held discussion regarding tax exemptions dealing with solar products and
agreed to pull Resolution 3.14 to allow Town Counsel to research further.
Regular Town Board Meeting, 05-02-2016, Mtg # 15 442
SUPERVISOR STROUGH gave brief background on the proposed Solar Farm in the City of
Glens Falls on city owned property where they asked for a municipal exemption.
JOHN SALVADOR referred to residential solar panels and questioned whether engaging in this
activity of having someone install solar panels on their house constitute commercial activity.
Recommended that the Assessor classify these residences as 283, residential with incidental
commercial use and compared as a separate group.
3.0 RESOLUTIONS
RESOLUTION SETTING PUBLIC HEARING ON DRAFT AMENDMENT
TO TOWN OF QUEENSBURY COMPREHENSIVE PLAN
RESOLUTION NO.: 165, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Comprehensive Plan for the Town of Queensbury, adopted in 2007,
includes recommendations to guide land use in the Town of Queensbury, and
WHEREAS, among other recommendations, the Comprehensive Plan recommends that
businesses in certain areas of Town not be allowed to have “drive-through” service windows, and
WHEREAS, the Town Board recognizes that in the nine years since the Comprehensive
Plan was adopted, more businesses have begun using “drive-through” windows and facilities
throughout the country to provide their customers with fast and convenient service in their vehicles,
which can be especially important in inclement weather and for customers who have impaired
mobility or other debilitating conditions or contagious illnesses, and
WHEREAS, the Town Board believes that allowing drive-through windows in some areas
of the Main Street zoning district under certain prescribed conditions may be appropriate, and
WHEREAS, the Comprehensive Plan also contains certain recommendations to apply the
Main Street Plan to Dix Avenue, which now seems unsuitable, impractical and inadvisable with
respect to Dix Avenue, and
WHEREAS, the Town Board is considering amending the Comprehensive Plan to remove
the current recommendation against “drive through” windows and facilities in certain areas of the
Town, to remove the recommendations to apply the Main Street Plan to Dix Avenue, correct a
factual error, and related references, and
WHEREAS, a draft of an Amendment to remove the above-referenced recommendations
and references from the Comprehensive Plan was prepared and presented at the Town Board’s
th
meeting on April 18, 2016, and
Regular Town Board Meeting, 05-02-2016, Mtg # 15 443
WHEREAS, the Town Board wishes to receive comments, recommendations and
suggestions from the public on the draft Amendment to the Comprehensive Plan, and
WHEREAS, in accordance with New York State Town Law §272, the Town Board duly
held a properly noticed Public Hearing on the draft Amendment to the Comprehensive Plan on
nd
Monday, May 2, 2016 and the Town Board heard all interested parties, and
WHEREAS, in accordance with New York State Town Law §272, the Town Board is
required to hold a second Public Hearing on the draft Amendment to the Comprehensive Plan prior
to adopting it, and the Town Board wishes to schedule the second Public Hearing,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the
th
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, May 16, 2016
to hear all interested persons and take any necessary action provided by law concerning the draft
Amendment to the Town of Queensbury Comprehensive Plan, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to
provide at least 10 days’ notice of the Public Hearing by publishing the Notice of Public Hearing in
the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and
BE IT FURTHER,
RESOLVED, that the Town Clerk is authorized and directed to make a copy of the draft
Amendment to the Comprehensive Plan available for public review and inspection in the Town
Clerk’s Office during regular business hours, and the Town Zoning Administrator is authorized and
directed to post copies of the Notice of Public Hearing and the draft Amendment to the
Comprehensive Plan on the Town’s web site as soon as reasonably possible.
nd
Duly adopted this 2 day of May, 2016, by the following vote:
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO.: __ OF 2016 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 179 ENTITLED, “ZONING” TO: 1) PROVIDE FOR “DRIVE
THROUGH WINDOWS” AT BUSINESSES IN THE MAIN STREET
ZONING DISTRICT UNDER CERTAIN CONDITIONS AND 2) ADOPT
Regular Town Board Meeting, 05-02-2016, Mtg # 15 444
PROVISIONS FOR DETERMINING SETBACK REQUIREMENTS FOR
CORNER LOTS ABUTTING MAIN STREET IN THE
MAIN STREET ZONING DISTRICT
RESOLUTION NO.: 166, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
__ of 2016 to amend Queensbury Town Code Chapter 179, entitled “Zoning,” to: 1) provide for
“drive-through windows” and facilities at businesses in the Main Street Zoning District within the
Town of Queensbury under certain prescribed conditions and 2) to adopt provisions for determining
setback requirements for corner lots abutting Main Street in the Main Street Zoning District, and
WHEREAS, before the Town Board may amend, supplement, change, or modify the
Town’s Zoning Law, it must hold a public hearing in accordance with the provisions of the
Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer
the proposed Zoning Law amendments and obtain a recommendation from the Warren County
Planning Department before enacting the legislation, and
WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of the
proposed Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Clerk to forward copies of the proposed Zoning Law amendments and Part 1 of the SEQRA Long
Environmental Assessment Form to the Warren County Planning Department for its review and
recommendation, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the
th
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, May 16, 2016
concerning proposed Local Law No.: ___ of 2016 which provides for certain amendments of the
Town of Queensbury’s Zoning Law and to hear all interested persons, and following the public
hearing may take any other actions authorized by law concerning proposed Local Law No.: ___ of
2016, and
Regular Town Board Meeting, 05-02-2016, Mtg # 15 445
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide
the public with at least 10 days’ prior notice of the Public Hearing by causing a Notice of Public
Hearing to be timely published in the Town’s official newspaper and by posting the Notice of
Public Hearing on the Town’s website and public bulletin board at least 10 days before the date of
the Public Hearing, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send the
Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any
public officials, agencies, municipalities or individuals, in accordance with New York State Town
Law §265 and any other applicable State Laws or Town Code provisions, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Director
of Planning, Zoning and Code Compliance, Senior Planner and/or Town Counsel to take such other
actions and give such other notice as may be necessary in preparation for the Public Hearing and for
the Town Board to lawfully adopt proposed Local Law No.: ___ of 2016.
nd
Duly adopted this 2 day of May, 2016, by the following vote:
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ESTABLISHMENT OF
PUBLIC HEARING DATE FOR THE 2016 NEW YORK STATE
OFFICE OF COMMUNITY RENEWAL COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
RESOLUTION NO.: 167, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, by Resolution No.: 278,2013 the Queensbury Town Board set a public
hearing for July 1, 2013 to obtain citizens’ views on its housing and community development
problems and needs and to develop a proposed program and application for funds, and
Regular Town Board Meeting, 05-02-2016, Mtg # 15 446
WHEREAS, the Town Board duly conducted its public hearing on Monday, July 1, 2013,
and
WHEREAS, by Resolution No.: 284,2013 the Town Board authorized the submission of
an application for Community Development Block Grant (CDBG) funds through the New York
State Office of Community Renewal (NYS OCR) for funding small business assistance, and
WHEREAS, the grant application was submitted and by Resolution No.: 95,2014 the
Town Board authorized acceptance of a $60,000 grant to the Town of Queensbury from NYS
OCR, and
WHEREAS, 24 CFR 570.486 requires the Town to hold a second public hearing for this
project to provide citizens the opportunity to learn about and comment on community
development and housing needs, development of proposed activities and review program
performance.
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the
th
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, May 16, 2016
to hear all interested persons concerning the Town’s Community Development Block Grant
Program (CDBG) program through the New York State Office of Community Renewal (NYS
OCR), 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 a minimum of ten (10) days prior to such
public hearing, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk and/or Senior Planner to sign any documentation and take any actions necessary to
effectuate the terms of this Resolution.
nd
Duly adopted this 2 day of May, 2016 by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
Regular Town Board Meeting, 05-02-2016, Mtg # 15 447
RESOLUTION APPROVING EMPIRE STATE TOWING AND RECOVERY
ASSOCIATION’S APPLICATION FOR PROPOSED
TRANSIENT MERCHANT/ TRANSIENT MERCHANT MARKET
AT GREAT ESCAPE THEME PARK
RESOLUTION NO.:168, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Empire State Towing and Recovery Association has submitted an
application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market
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License to conduct a transient merchant market from June 3 through June 5, 2016 for the sale of
flatbed trucks and trailers, truck parts, towing items and other items at the Great Escape Theme
Park, 1172 State Route 9, Queensbury in accordance with the provisions of Town Code Chapter
160, and
WHEREAS, the application is essentially identical to the application submitted by the
applicant and approved by the Town Board in 2015, and since the Queensbury Planning Board
conducted site plan review of various projects at the Great Escape Theme Park, the Town Board
does not deem it necessary to refer this application to the Planning Board for site plan review,
NOW, THEREFORE, BE IT
RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code
§160-8, the Queensbury Town Board hereby grants a Transient Merchant/Transient Merchant
Market License to the Empire State Towing and Recovery Association (Empire) to conduct a
transient merchant market for the sale of flatbed trucks and trailers, truck parts, towing items and
other items at the Great Escape Theme Park, 1172 State Route 9 Queensbury, subject to the
following:
1. Empire must pay all fees as required by Town Code Chapter 160;
2. Empire must submit a bond in the amount of $10,000 as required by Chapter 160;
3. Empire must submit proof of authorization to do business in New York and
authorization of agent to receive service of summons or other legal process in New
York;
rdth
4. The License shall be valid only from June 3 through June 5, 2016 from 2:00-6:00
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p.m. on June 3, from 9:00 a.m. to 5:00 p.m. on June 4, and from 9:00 a.m. to 3:00
Regular Town Board Meeting, 05-02-2016, Mtg # 15 448
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p.m. on June 5, and the license shall expire immediately thereafter;
5. Empire shall add parking lot attendants to the “additional vendors” and “beauty pageant”
lots as necessary;
6. Empire shall coordinate the inspection and approval of the tents/canopies with the Town
of Queensbury’s Fire Marshal prior to any occupancy thereof;
7. The Transient Merchant License shall not be assignable; and
8. Empire must comply with all regulations specified in Town Code §160-8.
nd
Duly adopted this 2 day of May, 2016, by the following vote:
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT
MERCHANT MARKET LICENSE FOR NORTHEAST REALTY
DEVELOPMENT/KEVIN QUINN/NAOMI POLITO
RESOLUTION NO.: 169, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, Northeast Realty Development/Kevin Quinn/Naomi Polito (Northeast Realty)
has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient
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Merchant Market License to conduct a transient merchant market from June 7through June 11,
2016 in the parking lot at 1650 State Route 9, Queensbury to sell assorted motorcycle and non-
motorcycle products and services in accordance with the provisions of Town Code Chapter 160, and
WHEREAS, the application is essentially identical to applications submitted by the
applicant in previous years and since the Queensbury Planning Board conducted site plan review of
the prior applications, it is not necessary to again refer the application to the Planning Board for site
plan review,
NOW, THEREFORE, BE IT
RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code
§160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to
Regular Town Board Meeting, 05-02-2016, Mtg # 15 449
Northeast Realty Development/Kevin Quinn/Naomi Polito to conduct a transient merchant market
in the parking lot located at 1650 State Route 9, Queensbury, subject to the following:
4. Northeast Realty must pay all fees as required by Town Code Chapter 160;
5. Northeast Realty must submit a bond in the amount of $10,000 as required by Chapter
160;
6. Northeast Realty must submit proof of authorization to do business in New York and
authorization of agent to receive service of summons or other legal process in New
York;
thth
9. The License shall be valid only from June 7 through June 11, 2016 from 9:00 a.m. to
9:00 p.m. and the license shall expire immediately thereafter;
10. Northeast Realty shall advise the Town Board of any vendor changes from previous
years;
11. Northeast Realty must revise its submitted plot plan to accurately depict the planned
vendor locations prior to the Town Clerk’s issuance of the License;
12. Northeast Realty must provide to the Town Clerk its proof of a current/renewed
occupancy permit from the New York State Department of Transportation for parking in
the area along Route 9 prior to the Town Clerk’s issuance of the License;
13. The Transient Merchant License shall not be assignable; and
14. Northeast Realty must comply with all regulations specified in Town Code §160-8;
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Code Enforcement
Personnel to rigorously enforce the terms of the Site Plan, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Director of Planning,
Zoning and Code Compliance to send a certified copy of this Resolution to the Warren County
Sheriff and also contact the Warren County Sheriff to request that the Warren County Sheriff’s
Office enforce off-road parking issues on Route 9 and throughout the community.
Regular Town Board Meeting, 05-02-2016, Mtg # 15 450
nd
Duly adopted this 2 day of May, 2016, by the following vote:
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES : None
ABSENT : None
RESOLUTION TO AMEND 2015 BUDGET
RESOLUTION NO.: 170, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
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 2015 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
260
040-8320-1010 Wages 040-8330-1010 Wages
nd
Duly adopted this 2 day of May, 2016 by the following vote:
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES : None
ABSENT : None
RESOLUTION TO AMEND 2016 BUDGET
RESOLUTION NO.: 171, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
Regular Town Board Meeting, 05-02-2016, Mtg # 15 451
WHEREAS, the following Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting practices by the
Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s
Accounting Office to take all action necessary to amend the 2016 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
001-3510-1010 Wages 001-3510-4414 Service Contract 43,160
001-3510-1020 Overtime 001-3510-4414 Service Contract 4,420
Increase Revenue Insurance Recovery 002-0000-52680 1,840
Increase Expense 002-8810-4800 Equipment Repairs 1,840
nd
Duly adopted this 2 day of May, 2016 by the following vote:
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES : None
ABSENT : None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR PURCHASE AND CONSTRUCTION OF A POLE BARN
AT GURNEY LANE PARK
RESOLUTION NO.: 172, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Town of Queensbury’s Recreation Commission and Director of Parks and
Recreation wish to advertise for bids for the purchase and construction of a Pole Barn at Gurney
Lane Park as will be more clearly specified in bid specifications to be prepared by the Town’s
Director of Parks and Recreation, Engineer and/or Town Purchasing Agent, and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and
award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements
and the requirements set forth in the Town’s bidding documents,
NOW, THEREFORE, BE IT
Regular Town Board Meeting, 05-02-2016, Mtg # 15 452
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s
Purchasing Agent to publish an advertisement for bids in the official newspaper for the Town of
Queensbury for the purchase and construction of a Pole Barn at Gurney Lane Park, and
BE IT FURTHER,
RESOLVED, that upon receipt of bids, the Town Board further authorizes and directs the
Purchasing Agent to open all such bids, read the same aloud and record the bids as is customarily
done and present the bids to the Town Board.
nd
Duly adopted this 2 day of May, 2016, by the following vote:
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF THE LA GROUP
LANDSCAPE ARCHITECTURE AND ENGINEERING, P.C. FOR
PROVISION OF GENERAL CONSULTANT SERVICES
RESOLUTION NO.: 173, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Queensbury Town Board wishes to engage the general consultant services
of The LA Group Landscape Architecture and Engineering, P.C. (The LA Group) on an as-needed
basis to assist the Town with various potential projects, and
WHEREAS, a proposed Agreement for Consultant Services between the Town and the LA
Group is presented at this meeting and is in form acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of The LA
Group Landscape Architecture and Engineering, P.C. (The LA Group) on an as-needed basis to
assist the Town with various potential projects, and
BE IT FURTHER,
RESOLVED, that no services shall be provided by The LA Group unless and until the
Town provides The LA Group with express written authorization to begin the particular
work/project, and
Regular Town Board Meeting, 05-02-2016, Mtg # 15 453
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute
the Agreement for Consultant Services substantially in the form presented at this meeting and/or
any other needed documentation, and
BE IT FURTHER,
RESOLVED, that payment for such services shall be from the appropriate Town accounts
as may be determined by the Town Supervisor, Director of Planning, Zoning and Code Compliance
and/or Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board and authorizes and directs the Town Supervisor,
Director of Planning, Zoning and Code Compliance and/or Town Budget Officer to take such other
and further action as may be necessary to effectuate the terms of this Resolution.
nd
Duly adopted this 2 day of May, 2016, by the following vote:
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING RENEWAL OF COMPREHENSIVE
TELECOMMUNICATIONS SERVICES CONTRACT
WITH FIRST LIGHT FIBER
RESOLUTION NO.: 174, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, by Resolution No.: 377, 2013, the Queensbury Town Board authorized a
Comprehensive Telecommunication Services Contract with Tech Valley Communications, now
known as First Light Fiber, and
WHEREAS, the Town Board wishes to renew such Contract and New York State Bidding
is not required as the purchase price for such Contract is in accordance with New York State
Contract No.: PS64726 pricing, and
Regular Town Board Meeting, 05-02-2016, Mtg # 15 454
WHEREAS, moneys for such proposed purchase are included in the Town Budget,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the renewal of a
Comprehensive Telecommunication Services Contract with First Light Fiber in accordance with
New York State Contract No.: PS64726 pricing as set forth in First Light Fiber’s May 2, 2016 New
York State Client Order Form presented at this meeting for the Town Crematory location, and as
will be set forth in form to be acceptable to the Town Supervisor, Town Budget Officer and/or
Town Counsel for the other Town locations, to be paid for from the appropriate account(s) as may
be determined by the Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
sign the Order Form and/or any necessary Agreement and/or other needed documentation, 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.
nd
Duly adopted this 2 day of May, 2016, by the following vote:
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF
PROPERTY ASSESSMENT CASE
FILED BY MORGAN OLDE COACH, LLC
RESOLUTION NO.: 175, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, Morgan Olde Coach, LLC (“Petitioner”), filed an Article 7 Real Property
Assessment Review case against the Town of Queensbury in 2015 challenging the 2015 assessment
on its property located at 565 Bay Road, more specifically identified by its Tax Map Number:
296.11-1-45, and
WHEREAS, it appears to be in the best interests of the Town to avoid the significant costs
Regular Town Board Meeting, 05-02-2016, Mtg # 15 455
that would result if the litigation continues and goes to trial, and
WHEREAS, the Town Assessor recommends proposed settlement terms which have been
negotiated with Petitioner; and
WHEREAS, it is anticipated that the Queensbury Union Free School District will accept the
proposed settlement terms,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the proposed settlement of
the assessment case filed by Morgan Olde Coach, LLC for 2015 as follows:
1)The Proceeding challenging the 2015 assessment shall be discontinued without
refunds; and
2)The assessed values for the 2016, 2017 and 2018 assessment years shall be set at
$3,000,000; and
BE IT FURTHER,
RESOLVED, that approval of this Settlement Agreement is contingent upon Town
Counsel’s review and approval of the Stipulation of Settlement and Order, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Assessor, Town Clerk and/or Town Counsel to execute settlement documents and take any
additional steps necessary to effectuate the proposed settlement in accordance with the terms of this
Resolution.
nd
Duly adopted this 2 day of May, 2016, by the following vote:
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION TO ENFORCE CODE AGAINST
NON-COMPLIANT PROPERTY
Regular Town Board Meeting, 05-02-2016, Mtg # 15 456
RESOLUTION NO.: 176, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, Christiana Trust, a division of Wilmington Savings Fund Society, is believed
to be the owner of property located 28 Linette Lane in the Town of Queensbury and identified as
Tax Map Parcel No. 308.10-1-8 (the “Property”), which is improved with a principal dwelling and
in-ground swimming pool, and
WHEREAS, it is believed that the owner is a lending institution and the Property remains
vacant, and
WHEREAS, the Property is not being maintained in accordance with Town Code and State
Property Maintenance Code requirements, and
WHEREAS, two large sink holes, both being several feet in diameter and depth, have
developed on the Property, causing the collapse of a portion of fencing and which undermine the
integrity of the Property and pose a significant and immediate threat to public health and safety, and
WHEREAS, the Property is located in a residential area where several children reside, and
WHEREAS, the Town of Queensbury’s Director of Building and Codes (the “Director”)
has been in contact with a property maintenance company, Safeguard Properties (“Safeguard”),
which is believed to be the agent for Christiana Trust, in an attempt to have the Property owner fill
the sinkholes and repair or replace the fencing and the Director has notified Safeguard that if it
failed to do so, he would seek to have the Town Board authorize the necessary repair work and have
the cost of such work assessed against the Property, and
WHEREAS, the Director has written Christiana Trust and advised it of the sinkholes and
demanded that they be remedied, and
WHEREAS, despite reasonable efforts to bring about voluntary compliance, the Property
remains in a condition which violates the Town Code and State Property Maintenance Code and,
more significantly, poses an imminent danger to the health and safety of the public, and
WHEREAS, the Town is authorized to enforce the State Code and has the authority to
commence an action in Warren County Supreme Court to compel compliance with the Town and
State Codes, and
NOW, THEREFORE, BE IT
Regular Town Board Meeting, 05-02-2016, Mtg # 15 457
RESOLVED, that the Queensbury Town Board finds that the sinkholes and collapsed
fencing at the Property have created an emergency situation which poses an imminent and
significant threat the health and safety of the public, and
BE IT FURTHER,
RESOLVED, that if the sinkholes at the Property are not filled and the collapsed fence
repaired by May 7, 2016, the Town Board hereby authorizes commencement of a Supreme Court
Action to compel compliance with any and all applicable Town Code and State Code provisions,
which Action may seek among other things:
1.An Order for preliminary and permanent relief to compel compliance with the
Town Code and State Code; and
2.Fines and penalties for the continued violation of the Town and State Codes; and
3.An award of attorney’s fees and costs associated with the Action; and
4.An Order authorizing the Town to enter the Property and repair the sinkholes and
the related damaged fencing and authorizing the Town to assess all costs related
to the necessary work against the Property to be collectible in the same manner as
real property assessments; and
BE IT FURTHER,
RESOLVED, that the Supreme Court Action may be commenced against any and all
persons believed to have any legal interest in the Property and/or any obligation to remedy the
violations, and
BE IT FURTHER,
RESOLVED,that the Town Board authorizes and directs the Town’s Budget Officer to
arrange for payment of any Court and/or litigation costs related to this matter from the account(s)
deemed to be appropriate by the Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs Town Counsel to file any
necessary documentation to commence such Court action and the Town Supervisor, Town
Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any
and all action necessary to effectuate all terms of this Resolution.
nd
Duly adopted this 2 day of May, 2016, by the following vote:
Regular Town Board Meeting, 05-02-2016, Mtg # 15 458
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES : None
ABSENT : None
RESOLUTION APPROVING AUDIT OF BILLS
RD
WARRANT OF MAY 3, 2016
RESOLUTION NO.: 177, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
thrd
Warrant with a run date of April 28, 2016 and a payment date of May 3, 2016,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
thrd
date of April 28, 2016 and a payment date of May 3, 2016 totaling $680,378.70, 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.
nd
Duly adopted this 2 day of May, 2016, by the following vote:
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES : None
ABSENT : None
RESOLUTION SUPPORTING THE CREATION OF A CITIZEN
ADVISORY COMMITTEE TO STUDY AND RECOMMEND SYSTEM OF
GOVERNANCE FOR WARREN COUNTY
DEFEATED
RESOLUTION NO.: 178, 2016
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
Regular Town Board Meeting, 05-02-2016, Mtg # 15 459
WHEREAS, the question has been raised of what form of government would be most fair
and equitable to the towns and city within the boundaries of Warren County, and
WHEREAS, the County Board of Supervisors has an inherent conflict of interest in studying
this topic, and
WHEREAS, the Town of Queensbury is the most populace Town within Warren County
contributing the most tax revenue to the County, and
WHEREAS, the taxpayer deserves the most equitable position of decision making at the
County based on population and Contribution to Warren County,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board supports the establishment of a Citizen
Advisory Committee at Warren County to research and report to the Board of Supervisors what
system of governance would be most effective for Warren County Taxpayers.
nd
Duly adopted this 2 day of May, 2016, by the following vote:
AYES : Mr. Clements, Mr. Irish
NOES : Mr. VanNess, Mr. Strough, Mr. Metivier
ABSENT : None
Town Board held discussion, vote taken and resolution defeated. After further discussion, the
following resolution was proposed:
RESOLUTION SUPPORTING THE CREATION OF A CITIZEN
ADVISORY COMMITTEE TO STUDY AND RECOMMEND SYSTEM OF
GOVERNANCE FOR WARREN COUNTY
RESOLUTION NO.: 179, 2016
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the question has been raised of what form of government would be most fair
and equitable to the towns and city within the boundaries of Warren County, and
WHEREAS, the County Board of Supervisors has an inherent conflict of interest in studying
this topic, and
WHEREAS, the Town of Queensbury is the most populace Town within Warren County
contributing the most tax revenue to the County, and
Regular Town Board Meeting, 05-02-2016, Mtg # 15 460
WHEREAS, the taxpayer deserves the most equitable position of decision making at the
County based on population and Contribution to Warren County,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board supports the establishment of a Citizen
Advisory Committee at Warren County to research and report to the Board of Supervisors what
system of governance would be most effective for Warren County Taxpayers, providing that the
Committee shall be appointed solely by the Warren County Board of Supervisors.
nd
Duly adopted this 2 day of May, 2016, by the following vote:
AYES : Mr. Irish, Mr. VanNess, Mr. Metivier, Mr. Clements
NOES : Mr. Strough
ABSENT : None
4.0 CORRESPONDENCE - None
5.0 PRIVILEGE OF THE FLOOR
JIM MACKEY spoke regarding Resolution passed on proposed advisory committee.
JOHN SALVADOR recommended correcting the town boundary for the Town of Queensbury.
JOAN BOVEE, 1 Lake View Drive, spoke about a county drain near her home that is full of an
invasive species called snake grass which is causing an issue on her property, spreading through
her front yard and now in her back yard heading down towards the lake.
6.0 TOWN BOARD DISCUSSIONS
WARD III – COUNCILMAN IRISH
SPCA Contract – it’s working well so far, we did receive a report today where they had
77 calls. We will be meeting with them again in June and I will be asking them to add
some more detail to their reports.
WARD II – COUNCILMAN CLEMENTS
Cost Control and StoredTech did a great job saving the town money.
Queensbury Roundtable meeting last week was very informative.
Recognized great local organizations in the area.
SUPERVISOR STROUGH
Chris Harrington, Water Superintendent requested that I announce to the public to visit
the town’s website and review the water quality report for 2015.
Dix Avenue Corridor Study will be posted on the town’s website tomorrow and the
public hearing will be held this Thursday at 3 p.m. in the Community Room at Crandall
Library
Reviewed town’s spring yard waste pick-up schedule
st
Announced the two (2) scheduled Hazardous Waste collection days for May 21 at the
th
Warrensburg DPW building and June 18 at the Queensbury Highway Building, 9 a.m.
to 2 p.m. and remember to register ahead of time on the Warren County website.
Regular Town Board Meeting, 05-02-2016, Mtg # 15 461
th
Memorial Day Parade scheduled for May 30, starting at 10 a.m. in downtown Glens
Falls marching north up Glen Street ending at Crandall Park where we hold the
remembrance ceremony.
Received thank you card from Donna Sutton for the nice comments that I made about her
family establishment that were written in the Post Star.
Received an email from Paul Brown who asked me to recognize Bob Lohman who lives
in Hiland Springs Way and thank him for his efforts, he cleaned up all the garbage along
Meadowbrook Road.
COUNCILMAN IRISH recognized and congratulated Queensbury student Cameron Orr, the
National Hoop Champion.
SUPERVISOR STROUGH thanked Look TV and sponsors StoredTech.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 180, 2016
INTRODUCED BY: Mr. Doug Irish
WHO MOVE ITS ADOPTION
SECONDED BY: Mr. William VanNess
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their
Regular Town Board Meeting.
nd
Duly adopted this 2 day of May, 2016 by the following vote:
AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES: None
ABSENT: None
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENBURY