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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 nd 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 rdth 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 rdth 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 th 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 th th 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