2012-02-27 Mtg 5 TOWN BOARD MEETING MTG. #5
FEBRUARY 27, 2012 RES. 83-96
7:00 p.m. LL#3
TOWN BOARD MEMBERS PRESENT
SUPERV ISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI-Absent
COUNCILMAN JOHN STROUGH-Absent
COUNCILMAN TIM BREWER
Town Counsel Bob Hafner
Zoning Administrator Craig Brown
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER
Supervisor Stec-Councilman Strough and Montesi are absent this evening they are
out of town.
1.0 PUBLIC HEARING-Proposed Local Law of 2012 Amending Chapter
179 "Zoning" Of Queensbury Town Code to: (1) Change Zoning Of
Certain Properties From "MS" to "O" And From "MS" to "N*3)Add Funeral Home As Allowed Use With Site Plan Review IN
Zone And (3) Revise Provision Relating to Alternate Members Of
Planning Board and Zoning Board of Appeals
NOTICE OF PUBLICATION
DATED: 02-10-2012
Supervisor Stec-There are three items that we are covering, the.third one is one that
has.previously been included in our Zoning Code but however in one of our
revisions it somehow got removed, so we needed to re-instate that. That is the
language concerning our local rules on alternates for the Zoning Board and
Planning Board to allow them to sit not only in conflict of interest cases but also to
cover absences. That used to be part of the code several years ago and then
somehow in a recent version it got removed. So we are going to re-institute that.
Adding Funeral Home as an allowed use in the Commercial Light Industrial Zone.
The third one, there is a handful of roperties and when the notice goes out or it
was referenced in the newspaper referring to Luzerne Road, Luzerne Road of
course is a pretty len by road in the Town so immediately a lot of people
wondering where onMerne Road are we talking about. This is the eastern most
end of Luzerne Road down near the VFW and the fire house on the east end of the
road that we are considering changing the zoning from Main Street Zoning to an
Office Zoning Some of them from a Main Street Zoning to a Neighborhood
Residential Zoning. I think not significant changes as far as the character of any of
those zone classifications but that would be the purpose of our public hearing this
evening. Following that if we are going to move forward we will need our
Attorney to walk us through this SEQRA Form and we did refer this to the
Planning Board for recommendation as is provided for us as an option to Town
Board in our Code and they did pass a resolution at the Planning Board
recommending that we move forward with these proposed changes as well. Craig
correct me if IF am wrong but this was referred to all the agencies it needed to and
those that we needed to Bear back from we have heard back from and we are clear
to opt to act on this tonight if we choose.
Craig Brown-Zoning Administrator-That is correct.
Supervisor Stec-With that said the public hearing is open if there are any members
of the public that would like to comment on this public hearing just raise your hand
and I will call on people. When you get to the microphone if you would state your
name and address for the purpose of tte record, these microphones not only
amplify but they do record. Mr. Salvador, good evening.
Mr. John Salvador-Good evening Thank you for the opportunity to appear before
this Board.
Supervisor Stec-You are welcome.
Mr. John Salvador-My name is John Salvador and god willing tomorrow to the day
my wife and I will become thirty nine year residents of the Town of Queensbury
residin now at 37 Alexy Lane in Nord-i Queensbury. I would like to speak to t ie
issue of alternate members in this public hearing. This public hearing is being held
in an attempt to correct one of several deficiencies uncovered in the Town's
Zoning Ordinance, Chapter 179. These deficiencies were brought to the attention
of the Town's Planning and Zoning Staff during the administrative appeal process
related to a boat dock, boat house permit on Dunhams Bay. The particular
deficiency I brought to the towns attention was the failure of the Town Code to
elaborate the basis upon which alternate members of both the Planning and the
Zoning Boards are allowed to substitute for a regular members of these town
established boards. Town Law with respect to the Town Boards grant of authority
to a point alternate members to both the Planning and the Zoning Board of Appeals
is very specific as to the circumstance which much prevail before an alternate
member may substitute for a regular member. The New York State Legislature by
enactment of Section 4 of Chapter 137 of its 1998 sessions laws, authorize an
amendment to Section 271 by the addition of a new subdivision 15 for purposes of
approving alternate members to the Town's Planning Board. The law clearly states
that the sole purpose to be served b the creation of these alternate members
positions is un-ambiguously that of substituting for a member in the event that such
member is unable to participate because of a conflict of interest. The same chapter
137 of the 1998 session laws enacts a Section 3 amending Town Law Article 16
Section 267, by adding a new Subdivision 11 for purposes of appointing alternate
members to the Zoning Board of Appeals. The proviso restricting the alternate
members participation, " in the event of a regular members having a conflict of
interest ", is clearly stipulated. Pursuant to the same Chapter 137 Section 3 and 4,
and paragraph b, alternate members who participate for a regular member because
of a conflict of interest does so at the discretion of the respective Board Chairman.
As I mentioned to our Town Board, in your Town Board meeting of January 23",
I was awaiting information from the Town Zoning Administrator Mr. Brown, to
substantiate why an alternate member was being seated for reasons other than a
Board Member having a conflict of interest. The short version had something to
do with the Municipal Home Rule Law authorizin by local law the changing or
substituting of a State Statute. Having not receive anything more.specific I
decided to research the Municipal Home Rule Law myself in anticipation of this
hearing. Section 2 of Section 22 excuse me Subsection 2 of Section 22 of the
Municipal Home Rule Law states that no local law shall supersede any provision
of a State Statue except as authorized by the Constitution this Chapter and any
other State Statue. I assume they are referring to the Chapter 843 of the Laws of
1963 which put Section 22 in place. Of course the Constitution they are referring
to is the New York State Constitution. A Local Law changing or superseding any
provision of a State Statue must specify the legislature chapter that is referenced to
the session laws intended to be changed or superseded. Amendments being
proposed to Town Code Section 179 -16-060 for the Planning Board are outlined
in Section 3 of the proposed Local Law. A new subsection to Section 179-16 -060
lettered A is a repeat of the entire Section 179-16-060 with the exception that the
last sentence is bein proposed for permanent repeal. Subsection A fails to have a
subsection title and ails to include subdivision review and approval as one of the
Planning Boards matters of first jurisdiction. New Subsection approval to site the
authority such as Town Law or Municipal Home Law for the Town to; 1. Be
mandated to appoint alternate members to the Planning Board. State Law says you
may appoint alternate members, there is no shall included. 2. To provide for
alternate members of the Planning Board to substitute for any regular member for
an appropriate factor such as illness, vacation, or other absences. Section 4 of the
roposed Local Law deals with amendments to Section 179-16-070 of the
pQueensbury Town Code Chapter 179 pertaining to alternate members of the
Zoning Board of Appeals in a manner similar to those for the Planning Board, that
is shall appoint rather than may appoint and serve in case of other appropriate
factors such as illness, vacation, and other absences. Before I continue to address
the effect of the Municipal Homes Rule Law on this proposed Local Law I want to
address the Town's imposed rule that alternate members are to be compensated
only when they are actually asked to serve on the Board. Considering that
alternate members are required to prepare for the regular scheduled meetings and
are required to be in attendance at a regular schedule meeting before they may even
be considered for appointment as a regular board member I would recommend that
alternate members be compensated in a manner, equal to a regular member simply
for showing up for the meeting. In this matter of towns amending State Law by
Local Law, the Attorney General has opined that towns may in fact use their
authority under the Municipal Home Rule Law to amend or supersede the town
law to expand the circumstances under which an alternate member may be
appointed to serve on a Board providing they properly follow the applicable
procedure of the Municipal Home Rule Law, Section 22 for amending or
superseding the Town Law. Under Municipal Home Rule Law Section 22 the
Local Law must specify provision of State Law that is being amended or
superseded. Failure to adhere substantially to this requirement may affect the
validity of the local law. The Attorney General footnotes his opinion with a 1989
New York State Court of Appeals decision caption ...v Town of York Town and
sited as 74NY2nd423. The Court of Appeals ruled in a very lengthy decision that;
1. The towns authority to amend or supersede town law can be exercised only upon
substantial adherence to procedures set forth in Municipal Home Rule Law
requiring the municipality invoking its supersession authority to state its intention
with deftness and explicitness. Further under Section 2 of this Section 22 a law
that affects the State at large is not subject to change by Local Law. Town Law is
known as a general law and affects the State at large. That is Town Law is a
general law defined in Article 9 of the New York State Constitution. In addition
the high court also opined that "Municipal Home Rule Law Section 10 ants
every local government the power to adopt and amend local laws related to its
property provided that they are not inconsistent with the provisions of the
constitution or any general law. Further the power of local governments to enact
legislation governing land use is circumscribed by the legislature, as the Court of
Appeals has stated. `Towns and other municipal authorities have no inherent
power to enact or enforce zoning or land use regulations, they exercise such
authority solely by legislative grant and in the absence of legislative delegation of
power their actions are ultra-virus and void. A local law may be struck down as
inconstant with State Law if it is found that the local law permits an action
specifically prohibited by the State Law. What is prohibited by State Law is the
use of alternate members for reasons other than conflict of interest. This proposed
Local Law should be held in abeyance and the public hearing held open until it has
been amended to reflect the legislative authority granted to the Town and
expressed in Town Law Section 271.15 for the Planning Board and Section 267-11
for the Zoning Board. Both sections of Town Law stipulate that alternate
members may sit on the Board as regular members only in cases where a regular
member has an expressed conflict of interest and then only when the Chairman of
the respective board asked them to do so. Thank you.
Supervisor Stec-Thank you. Is there anyone else that would like to comment on
this public hearing? Anyone, Yes, Sir.
Mr. Edward Hermance-Good evening, my name is Edward Hermance the III am
the owner of the properties in discussion of lots number 209.7-1-15, 22 and 23,
there are three separate lots there. I guess I would like to know why they want to
change this from light industrial to residential? It has been light industrial for over
ten years now, I have been paying taxes on that, and
Supervisor Stec-We are not changing any properties from light industrial
Mr. Hermance-I do not understand why it is going to be changed to residential
though?
Supervisor Stec-But, you said it was light industrial and we are not changing any
properties.
Mr. Hermance-What is the current zoning for that Sir?
Councilman Brewer-I think the property that you are talking about is Main Street
Zone, it is a new zone that we created a few years ago
Supervisor Stec-It was never industrial, or it has not been industrial in years.
Councilman Brewer-No, it is not light industrial. Changing from a Main Street
Zone which was essentially for Main Street but we had to come back from Main
Street to a certain point, and the point was the number of feet that we chose. We
had some people come forward and asked to have it rezoned and we just took a
block of properties that made sense to do it to and we are changing it to Office
Zone. Which essentially permits almost everything that's in the
Supervisor Stec-Main Street
Councilman Brewer-I do not have the table with me Craig, do you have a table for
Main Street.
Craig Brown-Zoning Administrator — I don't but the particular parcel that Mr.
Hermance is talking about are three small residential, well they are parcels adjacent
to the neighborhood residential zone. It is basically your side yard and those two
smaller parcels at the end of that little dead end street. So, the majority of that
neighborhood is residential, it is zoned neighborhood residential so the thought
was is to be consistent with those properties in their current use as residential to
make it easier to expand on those with a residential use if you wanted to in the
future.
Councilman Brewer-Otherwise the way it is now you would not be able to build a
home on that piece of property without all kinds of problems.
Mr. Hermance-So, I guess that is the question that I needed to know, I do not know
how it is going to affect my property in a negative way value?
Councilman Brewer-It is going to be in a positive way I believe because the Main
Street you would not be able to put a home on the lot, you would have certain
setbacks, where if we change to Office those particular sets backs and regulations
go away. So, you are more, it is easier to use your property I should say.
Mr. Hermance-Ok, but it connects, I uess my question is, it connects to, my
Grandfather has got a building in the front, it was a second hand store he had open
for about fifty years. I did not know for future use if that is going to affect that part
of the property in a negative way?
Councilman Brewer-How would it affect it you mean?
Mr. Hermance-It connects to those properties and I did not know if like to combine
them into one I do not know if
Councilman Brewer-You could still do that.
Unknown-The Holden Avenue side connects with that.
Mr. Hermance-Yes. Well, I guess.that is what I, I just wanted to make sure that it
is not going to affect my pro erty in a negative way, value wise, tax wise, you
know I did not know what it it was going to put more restrictions on what I could
do?
Councilman Brewer-It is going to be less restrictions.
Mr. Hermance-Less restrictions?
Councilman Brewer-In the sense that if you wanted to build a home you would be
able to, there are other things you are able to do now that you would not be able to
do previously.
Mr. Hermance-Previously, what was the classification of that?
Supervisor Stec-Main Street
Councilman Brewer-It was Main Street zone.
Mr. Hermance-It was just Main Street Zone it wasn't, because I thought all through
Holden Avenue was like Light Industrial Zone.
Councilman Brewer-It may have been at one time but since we re-did
Supervisor Stec-But it has been five years, six years
Councilman Brewer-the Zoning it was five years ago it has been changed.
Unknown-All of Holden Avenue
Supervisor Stec-No
Councilman Brewer-Not all of Holden Avenue, no,just the pieces that
Supervisor Stec-Main Street did not exist five years ago, Main Street Zoning did
not exist five or six years ago that is fairly new zoning.
Unknown-What I am talking about is the second hand store adjoins this piece of
property the three small pieces but one of them is on Holden Avenue, connects to
the Second Hand Store so is that going to affect that Second Hand Store in the
future if we wanted to reopen? We just want to make sure that is part of that
Councilman Brewer-Is the store open now?
Mr. Hermance-It is not open now.
Unknown-No, it isn't.
Councilman Brewer-How long has it been closed?
Unknown-It has been closed a number of years.
Councilman Brewer-So, if you wanted to reopen that store you would have to go
through Site Plan if I am not correct please let me know Crai but you would
have to go through a Site.Plan and it would be I presume an allowed use in the
zone that we are putting it to.
Craig Brown Zoning Administrator Neighborhood Residential does not allow
commercial uses.
Councilman Brewer-Well it would not allow it now either would it?
Craig Brown Zoning Administrator-Main Street does allow for some retail uses
and office uses, I mean it is a relatively small parcel all three of them I guess that is
why we thought it is probably more beneficial to the property owner to zone it to
neighborhood residential since that is what your use is. Your house is on the next
parcel to the north on Holden so I guess the thought was just make it all residential
so it is easier for you to use it residentially. Under the current Main Street Zoning
if you wanted to put an addition on say.the south side toward Luzerne Road you
could not do that because the property is zoned Main Street and it does not allow
residential uses. So, the thought was dust make it easier for you to use your
property residentially.
Mr. Hermance-Residentially, but what about if we decide to commercially,
because next door as you know there is Adirondack P&M and I think there are
other businesses right next door connected to these and with my father's store there
I just didn't know in the future how that is going to affect if we decide to, because
that has been like a dream that I wanted to do, you know.
Craig Brown Zoning Administrator-It is probably impossible to speculate on what
could happen and what could be approved on the property but if the zoning
changes from the current Main Street to Neighborhood Residential the ability to do
commercial, retail, office, would not be an easy thin to do if you kept it as Main
Street or change it to the Office Zone like the rest ofparcels that we are talking
about tonight. It would be easier to do because it is an allowed use in that zone but
the small size of the parcels would probably make it difficult to do. The fact that
the second hand store has been closed for a number of years it is not an easy thing,
to just, you know, plug it back in and turn the lights on. There is quite a bit of
review that is necessary under the current code. Tf it changed to Neighborhood
Residential you are able to use it residentially pretty easily. If you wanted to do a
commercial use in the future you can always try and go through this rocess with
this Town Board and come back and say I want to change it to the Office Zone
which is right next door which is what we are changing the neighboring parcels to,
because we have a use for it or we want to do something else with the property.
There is always an opportunity to come and ask to change it to something else.
Supervisor Stec-The way it is now you wouldn't if we make this change, if we do
not make this change you will have great difficulty using it residentially. So, it is
one of those, if you knew which way for sure it was goingg to go it would be easier
to say push it the residential or push it the office. If you do not know then you
would be struck for now with one and you could always come back and ask for the
other if two, five, ten years from now you say, we would rather have the other.
But, either way or if we do not do anything and we leave it Main Street you cannot
have residential.
Mr. Hermance-So, if I wanted to put a garage on that property I could not even do
that?
Craig Brown Zoning Administrator-Not in the Main Street Zoning. If you
combined the parcels there might be a way to do something but there are three
separate parcels now. You would have to combine them no matter what.
Mr. Hermance-No matter what I have to combine them.
Craig Brown Zoning Administrator-If you combine those parcels with your
residential property it is very difficult if not impossible to have residential and a
commercial or store retail, second hand store on the same property. Again, the
thought was the small size of the parcels that probably will not support any
significant commercial use just because they are so small and you know, parking
and lighting and landscaping requirements you have to meet it would be easier to
t'sitte have them as commercial properties. I do not know the properties in depth, I
never been there and visited them, but
Supervisor Stec-But, if this other property was going to become an active
commercial property again you could always come back in and ask to combine
these three into that property and change the zoning.
Councilman Brewer-Right, you can always combine the three lots.
Supervisor Stec-Anything you do if you head down that path you are going to be
dealing with the town and the rocess and this would be an extra step in that
process but it is not like gee ifpyou guess wrong tonight you are creating work for
yourself
Councilman Brewer-You are not.
Supervisor Stec-you are going to end a having a process to go through anyways
so I think if you came back in and said liey this other property is zoned commercial
we got these three little properties that we want to combine on a project you got to
deal with the town to go through the site plan review process anyways and if-we
need to change the zoning as part of that means we do that fairly regularly so it
would not be I do not think an extra burden.
Mr. Hermance-That is what I am worrying about, I just want to make sure it is not
going to be
Supervisor Stec-You are going to have a hassle no matter what and I do not think
that this is going to make your hassle significantly greater if you go that way.
Now, if you decide tomorrow we want to build residential then it has got a lot
easier on these properties that is where I think Craig said that is how they looked at
this they chose to rezone them neighborhood residential as opposed to leaving
them Main Street.
Mr. Hermance-Now, on Holden Avenue where the second hand store is now, what
is that zoned currently?
Craig Brown Zoning Administrator-Is it the long slender parcel south of your
house?
Mr. Hermance-No, it is the store itself, it is on Holden, number 12 Holden.
Unknown-A big storage building.
Craig Brown Zoning Administrator-The west side of Holden
Councilman Brewer-It is on the west side.
Craig Brown Zoning Administrator-The west side of Holden
Unknown-On the west side, yes.
Craig Brown Zoning Administrator-Without seem a map, I am not sure I know
the three parcels we are talking about it is a small sunny parcel of just north of
what used to be Curtis Lumber Yard, it is that parcel and then two smaller parcels
on that, is it Feld?
Mr. Hermance-Yes.
Craig Brown Zoning Administrator-That little dead end street, those two parcels
and that long skinny one, those are the three we are talking about. If it is on a
different parcel than those that is not being changed.
Unknown-That long skinny parcel those are the parcels you are changing tonight,
the ones that he has here.
Mr. Hermance-Yes, the three. All three of them, right?
Craig Brown Zoning Administrator-I do not know which one has the store on.
Mr. Hermance-309.7-1-15 and 22 and 23
Craig Brown Zoning Administrator-The map does not have numbers on I can
certainly show you on the map what the parcels are if you know which one has the
building on it.
Mr. Hermance-On the three open properties the three vacant lots they are just
vacant but the building is connected to the skinny parcel on Holden.
Craig Brown Zoning Administrator-It is a separate parcel though?
Mr. Hermance-Separate parcel
Craig Brown Zoning Administrator-It is not being considered to be changed
tonight it is already Neighborhood Residential.
Supervisor Stec-It is already Neighborhood Residential even though it used to have
a store on it but it is zoned Neighborhood Residential.
Craig Brown Zoning Administrator-There are only three parcel that need changed.
Supervisor Stec-So, if you wanted to reopen that as a commercial you have got to
go through a rezoning on that property and that property is not even on the list. So,
if you want to head that way again whether it is these three parcels we are talking
about tonight that main one is not on that list tonight so if you want to re-activate
that in a commercial way you would have to come in and ask for a rezoning.
Mr. Hermance-I understand, I was under the impression that, that was light
industrial. Where does it stop, I mean Adirondack P&M on Holden?
Councilman Brewer-Light Industrial, none of that is light industrial.
Mr. Hermance-What is it
Supervisor Stec-It is all Neighborhood Residential.
Mr. Hermance-Even where Adirondack P&M is the old Curtis?
Craig Brown Zoning Administrator-That is all Main Street, right now.
Supervisor Stec-Right
Councilman Brewer-Right.
Mr. Hermance-That is all Main Street
Craig Brown Zoning Administrator-That is zoned Main Street planned to go to
Office.
Mr. Hermance-Excuse me, say that again?
Craig Brown Zoning dministrator-It is currently zoned Main Street and the plan
is to change it to Office Zone the O Zone.
Mr. Hermance-Ok. What is O Zone
Craig Brown Zoning Administrator-It is Office Zone
Mr. Hermance-Office Zone
Craig Brown Zoning Administrator-The basic difference between the Main Street
Zone and the Office Zone, the Office Zone allows more residential uses, it still
allows for commercial and office and some retail but the Main Street Zoning does
not allow any residential uses where the Office Zone does.
Mr. Hermance-I do not really know enough about this I wish I could have talked to
my Attorney just to see how it was going to affect us, but I guess as long as it not
going to be more of a burden if we decide to do something different later, I just, I
was under the impression that it was light industrial down through there.
Craig Brown Zoning Administrator-There is no light industrial
Unknown-At one time was it?
Craig Brown Zoning Administrator-It might have been several years but it hasn't
been light industrial for a long, long time.
Mr. Hermance-So, right now it is Main Street where Adirondack P&M is, because
that is a business though that is not just office?
Councilman Brewer-Yea, but it is pre-existing we can still change a zone even
though something is there, the zone could still change even though that business is
still there it is ust apre-existing business in the zone now. So, when that gets
changed to Office it might not be an allowed use but it is pre-existing so we have
to allow them to stay.
Mr. Hermance-The other thing is what about is it going to change taxes on that
property?
Supervisor Stec-No, it shouldn't the assessment doesn't change with the zone, that
is a whole different ball of wax. We generally let you deal with the Assessor on
that. But, I mean no, when zoning changes it can have an impact on the market but
it does not impact the assessment that is a separate concern.
Mr. Hermance-That it the other concern. ..
Supervisor Stec-No, you are not going to get a note from the Assessor saying
congratulations they dust changed your zoning and now you are going to pay more
taxes that is not going to happen.
Mr. Hermance-That is the other thing, I was just worried that be a decrease in the
value of the property by doing that?
Councilman Brewer-No.
Supervisor Stec-You know you can always see the Assessor and say hey, what
does this mean; you are welcome to that process.
Mr. Hermance-Ok, this is my first time coming to the Town Board I just wanted to
ask some questions.
Supervisor Stec-Fair questions, it is your property, man.
Mr. Hermance-Yes. Ok, I guess you answered all my questions.
Supervisor Stec-We hope so.
Mr. Hermance-All right, thank you.
Supervisor Stec-Thank you Mr. Hermance. Anybody else like to comment on this
public hearing? Seeing none I will close the public hearing, Bob if you want to
walk us through SEQRA?
Bob Hafner Town Counsel-Town Board you have the Long Form EAF in front of
you and if you would just refresh yourself with Part I on the facts on there make
sure that you had the chance to review them and that they are accurate then we will
go to Part II and I will ask you those twenty questions.
PART 2- SEQRA FORM LONG FORM
1. Will the Proposed action result in any physical change to the project site? NO
2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes,
geological,formations, etc.) NO
3. Will the proposed action affect any water body designated as protected? (under Articles 12, 24,
25 of the Environmental Conservation Law, ECL) NO
4. Will proposed action affect any non-protected existing or new body of water? NO
5. Will proposed action affect surface or groundwater quality or quantity? NO
6. Will proposed action alter drainage flow or patterns, or surface water runoff? NO
7. Will proposed action affect air quality? NO
8. Will proposed action affect any threatened or endangered species? NO
9. Will proposed action substantially affect non-threatened or non-endangered species? NO
10. Will the proposed action affect agricultural land resources? NO
11. Will Proposed Action affect aesthetic resources? NO
12. Will proposed action impact any site or structure of historic, prehistoric or paleontological
importance? NO
13. Will proposed action affect the quantity or quality of existing or future open spaces or
recreational opportunities? NO
14. Will proposed action impact the exceptional or unique characteristics of a critical environmental
area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? NO
15. Will there be an effect to existing transportation systems? NO
16. Will proposed action affect the community's sources of fuel or energy supply? NO
17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO
18. Will proposed action affect public health and safety? NO
19. Will proposed action affect the character of the existing community? NO
20. Is there, or is there likely to be, public controversy related to potential adverse environmental
impacts? NO
RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND
ENACTING LOCAL LAW NO.: 3 OF 2012 TO AMEND CHAPTER 179
"ZONING" OF QUEENSBURY TOWN CODE TO: (1) CHANGE ZONING OF
CERTAIN PROPERTIES FROM "MS" TO "O" AND FROM "MS" TO "NR"; (2)
ADD FUNERAL HOME AS ALLOWED USE WITH SITE PLAN REVIEW IN
"CLI" ZONE AND (3) REVISE PROVISIONS RELATING TO ALTERNATE
MEMBERS OF PLANNING BOARD AND ZONING BOARD OF APPEALS
RESOLUTION NO. 839 2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS,the Queensbury Town Board is considering a request to amend the zoning designations
for certain properties along Luzerne Road between Veterans Road and Holden Avenue as follows: (1)parcels
309.7-1-15,22 and 23 from Main Street(MS)to Neighborhood Residential(NR),and(2)parcels (a)309.7-1-
11, 12, 13 and 14, (b) 309.10-1-94, 95.1, 95.2, 95.3, 96 and 97 and (c) 309.11-2-24, 25, 26, 27 and 28 from
Main Street(MS)to Office(0).and
WHEREAS, the Town Board is also considering a request to amend the Town Zoning Law to add
"Funeral Home"to the list of allowable uses with Site Plan Review within the Commercial Light Industrial
(CLI)Zone,and
WHEREAS,the Town Board is also considering a request to amend Article 16, "Administration" of
the Town Zoning Law to permit the use of alternate members by the Planning Board and Zoning Board of
Appeals in circumstances other than a conflict of interest, and
WHEREAS,the Town Board wishes to consider adoption of proposed Local Law No.: 3 of 2012 to
amend Queensbun-Town Code Chapter 179 by amending the official Town Zoning Law and Map to reflect
such changes as set forth above,and
WHEREAS,before the Town Board may amend, supplement, change, or modify-its Zoning Law and
Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal
Home Rule Law and the Town of Queensbun-Zoning Laws,and
WHEREAS, by letter dated February 13, 2012, the Adirondack/Glens Falls Transportation
Council, as an extension of the Lake George/Lake Champlain Regional Planning Board (LGLCRPB) staff,
advised that the LGLCRPB had considered the proposal and determined that there would be no County
impact, and
WHEREAS, on or about February 21St, 2012 the Queensbury Planning Board considered and
recommended approval of the proposal, and
WHEREAS,the Adirondack Park Agency has also considered and approved the proposal, and
WHEREAS,the Town Board duly conducted a public hearing,heard all interested parties and closed
the public hearing concerning the proposal rezoning on Monday,February 27th,2012,and
WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of the proposed rezoning,and
WHEREAS,the Town Board has considered the conditions and circumstances of the area
affected by the rezoning, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2012 to as
presented at this meeting,hereinafter referred to as the"legislation,"
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbun-Town Board hereby determines that the proposed legislation will
not have anv significant adverse environmental impact and a SEQRA Negative Declaration is made, and the
Town Clerk and/or Zoning Administrator are authorized and directed to file and publish a SEQRA Negative
Declaration-Notice of Determination of Non-Significance with respect to the legislation,and
BE IT FURTHER
RESOLVED, that the Town Board hereby adopts Local Law No.: 3 of 2012 Amending Chapter
179 "Zoning" of Queensbury Town Code to: 1) amend the Queensbury Town Zoning Law and Map to
rezone certain properties along Luzerne Road between Veterans Road and Holden Avenue as follows: (a)
parcels 309.7-1-15, 22 and 23 from Main Street (MS)to Neighborhood Residential (NR), and(b)parcels (a)
309.7-1-11, 12, 13 and 14, (b) 309.10-1-94, 95.1, 95.2, 95.3, 96 and 97 and (c) 309.11-2-24, 25, 26, 27 and
28 from Main Street (MS)to Office (0); 2) amend the Town Zoning Law to add"Funeral Home"to the list
of allowable uses with Site Plan Review within the Commercial Light Industrial (CLI) Zone; and 3) amend
Article 16, "Administration"of the Town Zoning Law to permit the use of alternate members by the Planning
Board and Zoning Board of Appeals in circumstances other than a conflict of interest,and
BE IT FURTHER
RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file
the Local Law and the official Town Zoning Map,as amended,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 upon such filing,and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to
send a cop` of this Resolution and a cop` of the Local Law and Zoning Map to the Town Planning Board,
Town Zoning Board of Appeals, Town Zoning Administrator and Lake George/Lake Champlain Regional
Planning Board in accordance with§179-15-080(D)of the Town Zoning Law,and
BE IT FURTHER-
RESOLVED,that this Resolution shall take effect immediately.
Duly adopted this 27th day of February-,2012,by the following vote:
AYES Mr. Metivier,Mr. Brewer,Mr. Stec
NOES None
ABSENT : Mr. Montesi,Mr. Strough
Discussion held before vote: Supervisor Stec-I will just point out in answer to Mr. Salvador's concerns I
know he had a cop` of the law because he quoted a lot of it back to us, Section 5 I think addresses what his
concerns were on the subject of Municipal Home Rule Law, I will read it, it is just one sentence. This local
law is adopted pursuant to Municipal Home Rule Law and specifically intended to supersede the provisions
of Town Law Section 267-11 and 271-15 that restricts substitution of alternate members of Zoning Board of
Appeals and Planning Board to instances of conflict of interest. I am not a Lawyer Bob,but if I was going to
ask you to answer that question is that how you would have answered that? Town Counsel Hafner-That is
exactly why that provision is in there.
LOCAL LAW NO.: 3 OF 2012
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE
TO: (1) CHANGE ZONING OF CERTAIN PROPERTIES FROM "MS" TO "O" AND FROM
"MS" TO "NR"; (2) ADD FUNERAL HOME AS ALLOWED USE IN "CLI" ZONE AND (3)
REVISE PROVISIONS RELATING TO ALTERNATE MEMBERS OF PLANNING BOARD
AND ZONING BOARD OF APPEALS
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS:
SECTION 1. The zoning designation for properties referenced as tax map parcel numbers
309.7-1-15, 22 and 23 is changed from Main Street (MS) to Neighborhood Residential (NR); and the
zoning designation for properties referenced as tax map parcel numbers (a) 309.7-1-11, 12, 13 and 14, (b)
309.10-1-94, 95.1, 95.2, 95.3, 96 and 97 and (c) 309.11-2-24, 25, 26, 27 and 28 is changed from Main
Street (MS) to Office (0). The Town of Queensbury's Town Zoning Map is hereby amended to reflect these
zoning changes,and the Map appended to this Local Law is hereby adopted as the official Town Zoning Map
of the Town of Queensbury and supersedes the previously adopted Town Zoning Map.
SECTION 2. Table 4 entitled "Summary of Allowed Uses in Industrial Districts" of Queensbury
Town Code Chapter 179, 'Zoning," is hereby amended to add Funeral Home as an allowed use with Site
Plan Review in the Commercial Light Industrial Zone.
SECTION 3. Section 179-16-060 of Queensbury Town Code Chapter 179 "Zoning," Article 16
"Administration" is hereby amended to read as follows:
§179-16-060. Planning Board.
A. Pursuant to §271 of Town Law, the Town of Queensbury has created a Planning Board. Said
Board consists of seven members appointed by the Town Board in such manner and for
such terms as provided in the Town Law. The Planning Board shall have all the powers and
perform all the duties prescribed by statute and by this chapter. The Planning Board shall
have original jurisdiction for site plan review and special use permits and referral jurisdiction
on matters as set forth in this chapter. PuFseent to§271, S ubdivisien 15, of the Tr.wn Law,
•.
B. The Town Board shall appoint two (2) alternate nzenzbers of the Plannin- Board to
substitute for any re-ular nrenrber in the event of a conflict of interest or other
appropriate factor such as illness, vacation or other absences. The alternate
fleflber(s) shall be appointed by Resolution of the Town Board for a term of semen (7)
years. The chairperson of the Plannin-Board flay desi,-hate an alternate nzenzber to
substitute for a re-ular nzenzber whenever any re-ular nzenzber is unable to
participate in an application or matter before the Board When possible, the
chairperson shall alternate the substitution by the tivo (2) alternate ntentbers so that
the alternate nrenrbers have approximately equal opportunities to serve on the
Plannin-Board to the nraxinrunr extent possible When so desi,-nated, the alternate
nzenzber shall possess all of the powers and responsibilities of such re-ular nzenzber.
Such desk-nation shall be entered into the minutes of the initial Plannin- Board
nzeetin,- at which the substitution is made All provisions relatin- to Board ntentber
trainin- and continuin- education, attendance, conflict of interest, compensation,
eligibility, vacancy in office, removal and service on other Boards shall also apply to
alternate nzenzbers, with compensation provided to the alternate nzenzbers only for
nzeetin,-s at which they actually serve on the Board.
SECTION 4. Section 179-16-070 of Queensbury Town Code Chapter 179 "Zoning," Article 16
"Administration" is hereby amended to read as follows:
§179-16-070. Zoning Board of Appeals.
A. Pursuant to § 267 of the Town Law, the Town of Queensbury has created a Zoning Board of
Appeals consisting of seven members appointed by the Town Board in such manner and for
such term as provided in the Town Law. The Zoning Board of Appeals shall have all the
powers and perform all the duties prescribed by statute and by this chapter. The Zoning
Board of Appeals shall have appellate jurisdiction for all matters pertaining to this chapter
pursuant to Article 14 of this chapter (Appeals and Variances). Pursuant +„ the .,.,,,.,,duFe
B. The Town Board shall appoint tivo (2) alternate nzenzbers of the Zonin,- Board of
Appeals to substitute for any re-ular nrenrber in the event of a conflict of interest or
other appropriate factor such as illness, vacation or other absences. The alternate
members) shall be appointed by Resolution of the Town Board for a term of semen (7)
years. The chairperson of the Zonin,- Board of Appeals nzay desi,-hate an alternate
nrenrber to substitute for a re-ular nrenrber whenever any re-ular nrenrber is unable
to participate in an application or matter before the Board When possible, the
chairperson shall alternate substitution by the tivo (2) alternate ntentbers so that the
alternate nrenrbers have approximately equal opportunities to serve on the Zonin,-
Board of Appeals to the nraxinrunr extent possible When so desk-nated, the alternate
nzenzber shall possess all of the powers and responsibilities of such re-ular nzenzber.
Such desk-nation shall be entered into the minutes of the initial Zonin,- Board of
Appeals nzeetin,- at which the substitution is made All provisions reladn'- to Board
nzenzber trainin- and continuin- education, attendance, conflict of interest,
compensation, eligibility, vacancy in office, removal and service on other Boards shall
also apply to alternate nzenzbers, with compensation provided to the alternate
nzenzbers only for nzeetin,-s at which they actually serve on the Board
SECTION 5. This Local Law is adopted pursuant to Municipal Home Rule Law and is specifically
intended to supersede the provisions of Town Law ?a267(11) and §271(15) that restrict substitution of
alternate members of Zoning Boards of Appeal and Planning Boards to instances of conflict of interest.
SECTION 6. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall
not invalidate any other clause,sentence, paragraph or part thereof.
SECTION 7. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with
any part of this Local Law are hereby repealed.
SECTION 8. This Local Law shall take effect immediately upon filing in the Office of the New
York Secretary of State as provided in New York Municipal Home Rule Law§27.
2.0 RESOLUTIONS
RESOLUTION APPOINTING GREG HEWLETT TO
TOWN OF QUEENSBURY RECREATION COMMISSION
RESOLUTION NO. 84,2012
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation
Commission in accordance with applicable New York State law,and
WHEREAS, a vacancv exists on the Recreation Commission due to the retirement of former
member Jack LaBombard,and
WHEREAS, the Town Board interviewed candidates and wishes to appoint Greg Hewlett to the
Recreation Commission,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Greg Hewlett to the Town of
Queensbury Recreation Commission, such term to expire on December 31St,2018.
Duly adopted this 27th day of February,2012,by the following vote:
AYES : Mr. Brewer,Mr. Stec,Mr. Metivier
NOES : None
ABSENT: Mr. Montesi,Mr. Strough
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
REGARDING IMPROVEMENTS AT THE TOWN'S
RIDGE-JENKINSVILLE PARK
RESOLUTION NO.: 85,2012
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury's Recreation Commission and Director of Parks and
Recreation wish to advertise for bids for improvements at the Town's Ridge/Jenkinsville Park, such
improvements generally described as follows:
1. Construction of a one floor (slab on grade) metal building to serve as a maintenance and
storage area for the Parks and Recreation Department;
2. Additional site work as deemed necessary or cost effective by the Recreation
Commission and Town Board to include, but not limited to: connecting to existing septic
system, fencing, grading, paving, security, etc.; and
3. Professional services for the above;
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
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
improvements set forth in the preambles of this Resolution,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.
Duly adopted this 27th day of February,2012,by the following vote:
AYES Mr. Brewer,Mr. Stec,Mr. Metivier
NOES None
ABSENT: Mr. Strough,Mr. Montesi
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OF OBSOLETE VEHICLES AND EQUIPMENT
RESOLUTION NO.: 86,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, in accordance with New York State Town Law §64(2), the Queensbun- Town Board
may authorize the sale of items which are no longer needed by the Town or obsolete,and
WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus
items in their respective Departments and the Town Budget Officer did receive lists of vehicles and items
from various Departments which are considered to be surplus,and
WHEREAS, the Budget Officer advised the various Town Departments of the surplus vehicles and
items and did not receive any requests from the Departments for such surplus vehicles and items and
therefore has requested Town Board authorization to sell the surplus vehicles and items by using auction
companies: 1)Auctions International,and 2)GovDeals,to dispose of such surplus property,and
WHEREAS, the following is the list of surplus vehicles and items provided by the various Town
Departments:
Description Asset No. Serial Number Dept.
2000 Ford E250 Cargo Van 3759 IFTNE24LIYHB77001 Building&Grounds
1999 Jeep Cherokee 3694 1JFF68S4XL662670 Fire Marshal
2-Whelen Edge 9000 48"Light Bars 3694A Fire Marshal
Power Master Gate Opener Building&Grounds
MTD 321 Snow Blower 311-180-000/JI5082 Building&Grounds
4-Tokheim Fuel Pumps Building&Grounds
Gas Boy Fuel System Pedestal Unit Building&Grounds
Rolling Typing Table Parks&Recreation
GE Under Counter Oven Unit-1987 Parks&Recreation
Desk-Wood Grain Laminate Attorney's Office
Credenza-Wood Grain Laminate Attorney's Office
3-Cloth Office Partitions Parks&Recreation
Printer Table w/drawer Attorney's Office
Rolling Computer Table Parks&Recreation
Rolling Printer Stand Parks&Recreation
Cube Black End Tables Building&Grounds
2-Desk Chair-Black Vinyl Parks&Recreation
3-Desk Chair-Cloth Parks&Recreation
5-Motorola Handheld 2-Way Radios Building&Codes
6-Motorola Mobile 2-Way Radios Building&Codes
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus vehicles
and items that are no longer needed by the Town or obsolete as follows:
Description Asset No. Serial Number Dept.
2000 Ford E250 Cargo Van 3759 IFTNE24LIYHB77001 Building&Grounds
1999 Jeep Cherokee 3694 1JFF68S4XL662670 Fire Marshal
2-Whelen Edge 9000 48"Light Bars 3694A Fire Marshal
Power Master Gate Opener Building&Grounds
MTD 321 Snow Blower 311-180-000/JI5082 Building&Grounds
4-Tokheim Fuel Pumps Building&Grounds
Gas Boy Fuel System Pedestal Unit Building&Grounds
Rolling Typing Table Parks&Recreation
GE Under Counter Oven Unit-1987 Parks&Recreation
Desk-Wood Grain Laminate Attorney's Office
Credenza-Wood Grain Laminate Attorney's Office
3-Cloth Office Partitions Parks&Recreation
Printer Table w/drawer Attorney's Office
Rolling Computer Table Parks&Recreation
Rolling Printer Stand Parks&Recreation
Cube Black End Tables Building&Grounds
2-Desk Chair-Black Vinyl Parks&Recreation
3-Desk Chair-Cloth Parks&Recreation
5-Motorola Handheld 2-Way Radios Building&Codes
6-Motorola Mobile 2-Way Radios Building&Codes
and
BE IT FURTHER
RESOLVED,that the Queensbury Town Board hereby authorizes and engagement of the services of
auction companies Auctions International and GovDeals to sell/dispose of the surplus vehicles and items,and
BE IT FURTHER
RESOLVED, that all Town proceeds from the sales shall be deposited into the appropriate revenue
account(s)in accordance with the Queensbury Town Code and New York State Laws,and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or
Purchasing Agent to accept or reject any bids received online for any online auction bids,and
BE IT FURTHER
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Town Budget
Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to
effectuate the terms of this Resolution.
Duly adopted this 27th day of February,2012,by the following vote:
AYES : Mr. Brewer,Mr. Stec,Mr. Metivier
NOES : None
ABSENT: Mr. Montesi,Mr. Strough
RESOLUTION AWARDING BID FOR PURCHASE OF NEW 3/4 TON 4X4
PICK-UP REPLACEMENT TRUCK FOR WATER DEPARTMENT
RESOLUTION NO.87,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, in accordance with Resolution No.: 63,2012,the Town of Queensbury's Purchasing
Agent duly advertised for bids for the purchase of a new 3/4 ton 4x4 Pick-Up Truck to replace a 1997 truck in
the Water Department as more clearly specified in bid specifications prepared by the Water Superintendent
and/or Purchasing Agent,and
WHEREAS,the Town will sell the 1997 truck by using an auction company(Auctions International
or GovDeals)and any proceeds derived from such sale will be recorded in Water Fund 440,and
WHEREAS,the Purchasing Agent and Water Superintendent have reviewed the submitted bids and
recommended that the Town Board award the bid to Albany Dodge,Inc.,the lowest responsible bidder,and
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby awards the bid for the purchase of a
new 3/4 ton 4x4 Pick-Up Truck from Albany Dodge, Inc., for an amount not to exceed $20,380.82,
in accordance with New York State Contract No.: PC65018, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to
amend the 2012 Town Budget by transferring $20,380.82 from the unappropriated Fund Balance to Water
Department Account No.: 040-8340-2020, and take any other actions necessary to provide for the truck
purchase, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing
Agent, Water Superintendent and/or Budget Officer to take any and all actions necessary to effectuate the
terms of this Resolution.
Duly adopted this 27th day of February,2012 by the following vote:
AYES Mr. Stec,Mr. Metivier,Mr. Brewer
NOES None
ABSENT: Mr. Montesi,Mr. Strough
RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN
PINE VIEW CEMETERY FROM JOHN AND VALERIE MORRISON
RESOLUTION NO.: 88,2012
INTRODUCED BY : Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Tim Brewer
WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot in the
Pine View Cemetery to John and Valerie Morrison—Plot No.: 12-A,Horicon Section,and
WHEREAS, by Memorandum dated February 17th, 2012, the Cemetery Commission has
recommended re-purchase of the lot and requests approval of the re-purchase from the Town Board,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-
purchase of a lot in the Pine View Cemetery from John and Valerie Morrison — Plot No.: 12-A, Horicon
Section,for the amount of$733.33,and
BE IT FURTHER
RESOLVED,that the Town Board authorizes and directs the Cemetery Superintendent to arrange for
the payment of such amount to John and Valerie Morrison and properly account for the sales in the Town's
books and records.
Duly adopted this 27th day of February,2012,by the following vote:
AYES : Mr. Metivier,Mr. Brewer,Mr. Stec
NOES : None
ABSENT: Mr. Montesi,Mr. Strough
RESOLUTION AMENDING RESOLUTION NO.: 291, 2011
REGARDING DUATHLON RACES WITHIN TOWN OF QUEENSBURY
RESOLUTION NO.: 89,2012
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, by Resolution No.: 291,2011 the Queensbury Town Board authorized USA
Triathlon to conduct three (3) duathlon races to be held on April 29th, May 6h and May 13th 2012,
such races to be held on a portion of Haviland Road from Bay Road to the north parking lot of
Adirondack Community College(ACC), and
WHEREAS, the race organizers have advised that the south entrance of Adirondack
Community College will be closed during the timeframe of the duathlons and have therefore
requested approval to change the race course(s) in order to use Haviland Road, past the north
parking lot entrance of ACC, to Meadowbrook and Cronin Roads, and
WHEREAS, the Town Highway Superintendent has approved such change and therefore
the Town Board wishes to amend such Resolution accordingly,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby amends Resolution No.: 291,2011 such that
it approves of the revised race course(s)as set forth in the preambles of this Resolution,and
BE IT FURTHER
RESOLVED,that the Town Board hereby affirms and ratifies Resolution No.: 291,2011 in all other
respects.
Duly adopted this 27th day of February,2012,by the following vote:
AYES : Mr. Brewer,Mr. Stec,Mr. Metivier
NOES : None
ABSENT: Mr. Montesi,Mr. Strough
RESOLUTION ADOPTING TOWN OF QUEENSBURY MS4
STORMWATER MANAGEMENT PROGRAM PLAN
RESOLUTION NO.: 90,2012
INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury is a regulated municipality under the New York State
Department of Environmental Conservation Municipal Separate Storm Sewer System Program (MS4
Program), which regulations help to protect and improve the quality of public water bodies in more densely
populated areas of the State, specifically focusing on stormwater runoff,and
WHEREAS, to comply with New York State requirements, by Resolution No. 67,2009, the Town
Board added Chapter 146,titled "Storm Sewer System Discharges, Activities and Connections"to the Town
Code after conducting a SEQRA review and declaring a Negative Declaration with regard to the effects of
Chapter 146,and
WHEREAS, for the purpose of implementing Chapter 146, by Resolution No.: 191,2011,the Town
Board accepted and authorized an MS4 Stormwater Management Services Proposal from the Warren County
Soil and Water Conservation District (District), with such Proposal providing for, among other things, that
the District assume the role of Queensbury's Stormwater Management Officer, to implement and enforce
MS4 Program requirements within the Town,and
WHEREAS, the District has presented the Town Board with an MS4 Stormwater Management
Program Plan (Plan) dated February- 2012, which Plan outlines activities and measures that would be
undertaken to address stormwater education, outreach and other implementation required under Chapter 146
of the Town Code and New York State law and regulations,and
WHEREAS, the Town Board wishes to adopt such Plan to further its goal of protecting and
improving water quality of lakes and streams within its MS4 area,
NOW,THEREFORE, BE IT
RESOLVED, that adoption of the proposed Plan is consistent with the Negative Declaration issued
for the addition of Chapter 146 to the Queensbury Town Code, and the proposed Plan will not result in an`
significant adverse environmental impacts, and the Town Board hereby affirms the SEQRA Negative
Declaration issued for the addition of Town Code Chapter 146,and
BE IT FURTHER
RESOLVED, that the Queensbun-Town Board hereby adopts the February 2012 MS4 Stormwater
Management Program Plan (Plan) prepared by the Warren Count` Soil & Water Conservation District
(District) in substantially the form presented at this meeting, and authorizes and directs the Warren Count`
Soil and Water Conservation District (District), as the Town's Stormwater Management Officer, to take all
actions necessar- for the Town to implement such Plan,and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Counsel and/or Town Zoning Officer/Code Compliance Officer to take such other and further action as ma`
be necessary to effectuate all terms of this Resolution.
Duly adopted this 27th day of February-,2012,by the following vote:
AYES Mr. Brewer,Mr. Stec,Mr. Metivier
NOES None
ABSENT : Mr. Strough,Mr. Montesi
RESOLUTION TO AMEND 2011 BUDGET
RESOLUTION NO.: 91,2012
INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and
are deemed compliant with Town operating procedures and accounting practices by the Town Budget
Officer,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Accounting Office to take all action necessary to amend the 2011 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
Increase Revenue
001-0000-52680 Insurance Recovery 7,100
Increase Appropriation
001-5132-4070 Bldg. Maint& Rep 7,100
001-1990-4400 Contingency 001-5132-4070 Bldg. Maint& Rep 2,500
Duly adopted this 27th day of February, 2012, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT:Mr. Montesi, Mr. Strough
RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO
NORTH QUEENSBURY RESCUE SQUAD, INC.
RESOLUTION NO.: 92,2012
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, general emergency ambulance services are provided to the Town of Queensbury by the
Bay Ridge Rescue Squad, Inc., North Queensbun� Rescue Squad, Inc., and West Glens Falls Emergency
Squad, Inc.,in accordance with Agreements between each Rescue/Emergency Squad and the Town,and
WHEREAS,the Town's Agreement with the North Queensbury Rescue Squad, Inc. (Squad) expired
on December 31,2011,and
WHEREAS, in such Agreement the Town and Squad agreed that the terms and provisions of the
existing agreements may continue during the interim period pending execution of a new Agreement,and
WHEREAS, by Resolution No.: 54,2012, the Town Board authorized payment vouchers
constituting 1/12th of the 2011 Contract Amount for January and February to the Squad under the current
Agreement, which payments constituted advance payments on the new general emergency ambulance
services 2012 Agreement,and
WHEREAS, the Squad has indicated to the Town Board its preference and request to wait until
April,2012 to negotiate a new Agreement and the Town Board agrees with such request,and
WHEREAS, the Squad may face cash flow shortages before the new Agreement can be executed
and therefore the Town Board wishes to again authorize advance payments under the current Agreement,
which after a new Agreement is entered into, will constitute advance payments on the 2012 agreement to the
Squad, such advances to be deducted from contract payments to be paid after the 2012 contract is ratified,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to
approve payment vouchers for 1/12th of the 2012 Contract Amount(s) during March to the North
Queensbury Rescue Squad (Squad) under the current Agreement, which payments will constitute
advance payments on the new general emergency ambulance services 2012 Agreement if such
Agreement is entered into, with the further understanding that the Town shall also approve payment
vouchers for 1/12th of the Squads' paid daytime service costs, and
BE IT FURTHER,
RESOLVED,that should a new emergency ambulance services 2012 Agreement not be entered into
by March 31St, 2012, then the Town Board authorizes the Town Supervisor to approve additional payment
vouchers constituting 1/12th of the 2011 Contract Amount to the Squad during April, 2012, again with the
understanding that the Town shall also approve payment vouchers for 1/12th of the Squads' paid daytime
service costs, and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town
Budget Officer to make the necessary arrangements to make such payments which are authorized under the
current Agreement and take such other and further action as may be necessary to effectuate the terms of this
Resolution.
Duly adopted this 27th day of February,2012,by the following vote:
AYES : Mr. Stec,Mr. Metivier,Mr. Brewer
NOES : None
ABSENT: Mr. Montesi,Mr. Strough
RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO
WEST GLENS FALLS EMERGENCY SQUAD, INC.
RESOLUTION NO.: 93,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, general emergency ambulance services are provided to the Town of Queensbury by the
Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency
Squad, Inc.,in accordance with Agreements between each Rescue/Emergency Squad and the Town,and
WHEREAS, the Town's Agreement with the West Glens Falls Emergency Squad, Inc. (Squad)
expired on December 31,2011,and
WHEREAS, in such Agreement the Town and Squad agreed that the terms and provisions of the
existing agreements may continue during the interim period pending execution of a new Agreement,and
WHEREAS, by Resolution No.: 54,2012, the Town Board authorized payment vouchers
constituting 1/12th of the 2011 Contract Amount for January and February to the Squad under the current
Agreement, which payments constituted advance payments on the new general emergency ambulance
services 2012 Agreement,and
WHEREAS, the Town and Squad have not yet agreed upon terms for a new general emergency
ambulance services 2012 Agreement,and
WHEREAS, the Squad may face cash flow shortages before the new Agreement can be executed
and therefore the Town Board wishes to again authorize advance payments under the current Agreement,
which after a new Agreement is entered into, will constitute advance payments on the 2012 agreement to the
Squad, such advances to be deducted from contract payments to be paid after the 2012 contract is ratified,and
WHEREAS, the Squad has not been responsive to budget direction from the Town Board's
negotiating committee dating back to 2011, and therefore this will be the final 1/12th payment the Town
Board will authorize to the Squad under the terms of the expired 2011 Agreement,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to
approve payment vouchers for 1/121h of the 2012 Contract Amount(s) during March to the West
Glens Falls Emergency Squad (Squad) under the current Agreement, which payments will
constitute advance payments on the new general emergency ambulance services 2012 Agreement if
such Agreement is entered into, with the further understanding that the Town shall also approve
payment vouchers for 1/12th of the Squads' paid daytime service costs, and
BE IT FURTHER,
RESOLVED,that should a new 2012 emergency ambulance services Agreement not be entered into
between the Town and Squad by March 31St, 2012, then there will be no further Town Board approvals of
additional payment vouchers constituting 1/12th of the 2011 Contract Amount to the Squad, including no
approvals of payment vouchers for 1/12th of the Squads' paid daytime service costs, and
BE IT FURTHER
RESOLVED, that the Town Board requests that the Squad to negotiate with the Town Board's
negotiating team and, in order to protect Town residents' lives,the Town Board will explore other options
to provide general emergency ambulance services for 2012 to be ready if by March 31St, 2012 there is no
agreement on terms of a new 2012 Agreement,then, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town
Budget Officer to make the necessary arrangements to make such payments which are authorized under the
current Agreement and take such other and further action as may be necessary to effectuate the terms of this
Resolution.
Duly adopted this 27th day of February,2012,by the following vote:
AYES Mr. Metivier,Mr. Brewer,Mr. Stec
NOES None
ABSENT: Mr. Montesi,Mr. Strough
RESOLUTION AUTHORIZING COMMITMENT TO 10% MATCH FOR
SOUTH QUEENSBURY BROWNFIELD OPPORTUNITY AREA PROJECT
RESOLUTION NO.: 94,2012
INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 287,200 , the Queensbury Town Board authorized the Warren
County Economic Development Corporation (WCEDC) to submit a Brownfield Opportunity Areas (BOA)
Program Grant Application,and
WHEREAS,by Resolution No.: 74,20 10,the Town Board accepted $42,5 00 in grant funds from the
New York State Department of State, authorized a Grant Agreement with the New York State Department of
State, authorized establishment of the "BOA Program Grant Fund 4176," which established funding for
expenses associated with the grant funds, and established initial appropriations and estimated revenues for
Capital Project Fund#176 in the amount of$42,5 00 which will be funded from grant funds to be received
by the Town through the New York State Department of State Brownfield Opportunity Areas Program, and
WHEREAS, the Town Board, after thorough consideration, has determined that certain work as
described in its application and attachments,herein called the"Project"is desirable,and
WHEREAS, General Municipal Law §970-r authorizes State assistance to eligible parties for
Brownfield Opportunity Areas Program Grants by means of a State Assistance Contract ("Contract")and the
Town deems it to be in the public interest and benefit under this law to enter into a contract,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board:
1. is the representative authorized to act on behalf of all applicants in all matters related to State
assistance under General Municipal Law §970-r for the Project and the Town Board
authorizes and directs the Town Supervisor to sign and submit the application, execute the
contract, request payment advances and reimbursements, redistribute contract
reimbursements as appropriate, submit Project documentation, and otherwise act for all
applicants in all matters related to the Project and State assistance,
2. agrees that it will complete the Project,
3. agrees that it will fund its portion of the Town's 10%share of the Project,and
BE IT FURTHER
RESOLVED,that this authorization shall take effect immediately,and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Senior
Planner and/or Budget Officer to take all actions necessary to effectuate all terms of this Resolution.
Duly adopted this 27th day of February,2012,by the following vote:
AYES Mr. Brewer,Mr. Stec,Mr. Metivier
NOES None
ABSENT Mr. Montesi,Mr. Strough
RESOLUTION APPROVING AUDITS OF BILLS -
WARRANTS OF FEBRUARY 16TH AND FEBRUARY 28TH, 2012
RESOLUTION NO.: 95,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as
Warrants with run dates of February 16th and February 23rd, 2012 and payment dates of February 16th and
February 28th,2012,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of
February 16th and February 23rd, 2012 and payment dates of February 16th and February 28th, 2012 totaling
$82,829.36 and$73 ,413.93, respectively, 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 27th day of February,2012,by the following vote:
AYES Mr. Brewer,Mr. Stec,Mr. Metivier
NOES None
ABSENT: Mr. Strough,Mr. Montesi
3.0 Privilege of the Floor (Limit 4 Minutes)
Mr. Pliney Tucker-The last week or so in the newspaper you have been quoted as
saying that under State Law government isn't required to furnish emergency
service is that true?
Supervisor Stec-That is true that I said that and it is a true statement.
Mr. Tucker-Suppose the municipality wants to have the service can it be done?
Supervisor Stec-We have been doing it for decades, yes it can be done.
Mr. Tucker-It looks like the thing going on with the emergency squad may lead
into something like them going on all around us here for years and I wonder if we
shouldn't get the public involved and see what they want to do with this?
Supervisor Stec-We are here.at least two Mondays every month. We have a public
hearing every time we enter into a contact we take privilege of the floor we all
return phone calls. The public expects us to live within the tax cap and this town
has and this town will continue to do so. All these different fire companies and
rescue squads just like the general fund,just like the lighting districts and sewer
districts and the water districts they all have to combine together to comply with
that law. When one doesn't, when one is higher that means everyone else has to be
lower. That is the way the tax cap law is being implemented by the State. This
year we were able to do that I suspect next year we will be able to do that but it is
kind of hard to tell your employees, you are not getting a raise this year but we are
going to give a rescue squad a fourteen percent increase, that is not going to
happen. There is a reasonable way to resolve this and we are going to see if we
cant find it.
Mr. Tucker —You are going to keep the public informed?
Councilman Brewer-Absolutely.
Mr. John Salvador-Re: EMS Why doesn't the town consider privatization of
EMS?
Supervisor Stec-That is an option that is on the table.
Mr. Salvador-I would recommend privatization. Spoke on State Pensions for EMS
Supervisor Stec-Regarding State Pension, that claim we are not concerned with,
that claim does not Bold any water they are not part of the pension program, the
larger issue is going to be who gets what, how much money.
Mr. Salvador-Re: Fort Ann Issue?
Supervisor Stec-I have sent a letter to the new Supervisor ..when attending the
Association of Towns attended a class regarding this- there is a certificate of need
issue whether or not our rescue squad can routinely expected to cover another
municipality provided that they address that, there is a process to go through to do
that, once addressed by all means from what I learned tliere should be a contract
between them and Fort Ann. I have not heard back regarding the letters that were
sent to Fort Ann.
Mr. Salvador-Fort Ann has a fire district, they have the boundary defined just a
question of levying the tax. RE: Lake George Park Commission Grant ofa$15,000
to the Town for the preparation and implementation of the towns community
Storm Water Management Plan within the Lake George Park- The grant funds are
to be paid only upon completion of the project — questioned if Warren County Soil
and Water Conservation will meet the criteria for reimbursement of the grant
funding...
4.0 Communications
NONE
5.0 Town Board Discussions
Councilman Brewer Ward IV - no comment
Councilman Anthony Metivier Ward I - no comment
Supervisor Stec-
Thanked Town Staff, the last week gives me a little reflection
when I look at the frustration of not giving pay increases to the
nonunion staff of the town and I know that there is a lot of
nonunion staff that at the County of which I am the Chairman
that haven't got an increase in years and then I have members
of our Fire Company here, I thank them for all their service to
our community over the years, I have five fire companies that
have all kept their budget their contracts with the Town fairly
easy, fairly compliant and fairly flat for the last few years . I
have two of three rescue squads that also can, in fact the one
rescue squad that we have a contract with they are in the middle
of building expansion project.four hundred thousand dollar
project and yet their contract is down in 2012 compared to
2011. How a rescue squad can build an buildin expansion and
cut their budget, but then we have got one out o�eight that is
insistent on a double digit increase in these economic times
they must not be reading the newspaper. The Tax Cap is the
law of the land and this town is going to abide by it, in raising
theirs that means
somebody else's would need to be cut I think that the town has
been leading by example, in the water department, the highway
department the general fund the planning department, the rec.
department, for years with very flat and responsible budgets. I
am going to be pretty firm and a pretty ifficult sell to deviate
from that. I think I speak for at least for the two guys that are
here, I think that we also have a pretty good feeling of the
sentiment of the other two board members here. The five of us
have not alwa s agreed on everything but I think on this we are
pretty much oa like mind in this. We got a town to run and
have the taxpayers interest to keep at heart and we have done a
good job of it over the last ten years, no one is perfect but I
think that we are ahead of the curve as far as representing our
constituents and our taxpayers and doing what is right for the
town and we will continue to do that. If that means that there is
going to be hard feelings so be it but we will get this done.
RESOLUTION ADJOURNING TOWN BOARD MEETING
RESOLUTION NO. 96.2012
INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its
Town Board Meeting.
Duly adopted this 27tH day of February, 2012 by the following vote:
AYES: Mr. Metivier, Mr. Brewer, Mr. Stec
NOE S: None
ABSENT: Mr. Montesi, Mr. Strough
Respectfully submitted
Miss Darleen M. Dougher
Town Clerk-Queensbury