2014-10-06 - Mtg 36 REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 324
REGULAR TOWN BOARD MEETING MTG#35
OCTOBER 6, 2014 RES#342-355
7:00 P.M. LL# 5
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN DOUG IRISH
COUNCILMAN WILLIAM VANNESS
TOWN COUNSEL
ROBERT HAFNER
TOWN OFFICIALS
HIGHWAY SUPERINTENDENT, TOM VANNESS
SENIOR PLANNER, STU BAKER
PRESS
GLENS FALLS POST STAR
SUPERVISOR STROUGH-Called meeting to order.....
PROCLAMATION— COMMUNITY PLANNING MONTH
COMMUNITY PLANNING MONTH
PROCLAMATION
WHEREAS, change is constant and affects all cities,towns, suburbs, counties, boroughs,townships, rural
areas,and other places; and
WHEREAS, community planning and plans can help manage this change in a way that provides better
choices for how people work and live; and
WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in
making choices that determine the future of their communit`, and
WHEREAS,the full benefits of planning requires public officials and citizens who understand, support, and
demand excellence in planning and plan implementation; and
WHEREAS,the month of October is designated as National Community Planning Month throughout the
United States of America and its territories, and
WHEREAS,The American Planning Association and its professional institute,the American Institute of
Certified Planners, endorse National Community Planning Month as an opportunity to highlight the
contributions sound planning and plan implementation make to the quality of our settlements and
environment; and
WHEREAS,the celebration of National Community Planning Month gives us the opportunity to publicly
recognize the participation and dedication of the members of planning boards and other citizen planners who
have contributed their time and expertise to the improvement of the Town of Queensbury. and
WHEREAS,We recognize the many valuable contributions made by professional community and regional
planners of the Town of Queensbury. and extend our heartfelt thanks for the continued commitment to public
service by these professionals;
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 325
NOW, THEREFORE, BE IT RESOLVED THAT,the month of October 2014 is hereby designated as
Community Planning Month in the Town of Queensbury in conjunction with the celebration of National
Community Planning Month.
Adopted this 6 t Day of October, 2014.
PRESENTATION GIVEN BY CHAZEN ENGINEERING- CHRIS ROUND AND PAUL CUMMINGS
ON PROPOSED MAIN STREET ZONING
1.0 PUBLIC HEARINGS
PUBLIC HEARING—ADDENDUM TO TOWN OF QUEENSBURY COMPREHENSIVE PLAN
PUBLICATION DATE: SEPTEMBER 26,2014
SUPERVISOR STROUGH-This first hearing,just to make clear, is about the Addendum to the
Town's Comprehensive Land Use Plan, which is just as Stu Baker mentioned. Single story buildings
on Main Street may be allowed under certain design considerations deemed to be consistent with the
development goals of that zoning district. We felt, I mean I think I can speak for all of us, we felt
that the new proposed Main Street Zone does fit the intent and heart of the Comprehensive Land Use
Plan and what the public had to say about Main Street. What we're offering is a program that meets
that intent but is a little bit more dynamic, a little bit more versatile. Enough so that we have to kind
of open the Comprehensive Land Use Plan; get some feedback from you whether you think this is
appropriate to add this to the Comprehensive Land Use Plan. The next public hearing, not this one,
will be on the Main Street Zoning as proposed, you may have questions on that. The first hearing is
about the addendum to the Town's Comprehensive Plan. Would any member of the public like to
speak to the hearing, 1.1, Resolution Adopting Addendum to the Town of Queensbury
Comprehensive Plan? Seeing none, we go to Town Counsel.
NO PUBLIC COMMENT
SUPERVISOR STROUGH-I believe we have to do SEQRA at this point.
TOWN COUNSEL, HAFNER-Not in this one. This one, your resolution reaffirms the prior
negative declaration.
SUPERVISOR STROUGH-We will do the SEQRA at the end of the public hearing?
TOWN COUNSEL-We will do SEQRA as part of 1.2, before you consider the enactment of the
zoning law change.
SUPERVISOR STROUGH-Having no members of the public that wish to speak to this addendum I
will close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION ADOPTING ADDENDUM TO TOWN OF QUEENSBURY
COMPREHENSIVE PLAN
RESOLUTION NO.342,2014
INTRODUCED BY: Mr.Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS,the Queensbury Town Board is considering the adoption of an Addendum to the 2007
Comprehensive Plan for the Town of Queensbury,which Plan presents recommendations to guide land use in
the Town of Queensbury for the next five to ten years,and
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 326
WHEREAS, the Town Board duly held a public hearing on the proposed Addendum on Monday,
October 6th,2014 and heard all interested persons,and
WHEREAS,the Addendum was forwarded to the Warren County Planning Office for review and no
negative comments were received,and
WHEREAS, the Town Board, as SEQRA Lead Agency, has previously reviewed a Full
Environmental Assessment Form to analyze potential environmental impacts of the Plan prior to its original
adoption in August 6,2007, and
WHEREAS, by Resolution No.: 360,2007 the Town Board had previously issued a SEQR Negative
Declaration on the SEQRA Full Environmental Assessment Form,and
WHEREAS, the Town Board determines that the proposed Addendum to the 2007 Comprehensive
Plan does not adversely affect the environmental impact of the Comprehensive Plan as a whole,
NOW,THEREFORE, BE IT
RESOLVED, that the Town Board reaffirms the prior Negative Declaration within Resolution No.:
360,2007 and authorizes and directs the Town Clerk to file any necessary documents in accordance with the
provisions of the general regulations of the Department of Environmental Conservation,and
BE IT FURTHER
RESOLVED,that the Town Board hereby adopts the Addendum to the Comprehensive Plan for the
Town of Queensbun%and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send copies of
this Resolution and Addendum to the Comprehensive Plan to the Warren County Planning Office, Town of
Queensbury Zoning Board of Appeals,Town of Queensbury Planning Board,adjacent municipalities and any
agency involved for SEQRA purposes,and
BE IT FURTHER
RESOLVED,that this Plan shall take effect upon filing in the Town Clerk's Office.
Duly adopted this 6 t day of October,2014,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough
NOES : None
ABSENT: None
PUBLIC HEARING—LOCAL LAW 2014 TO AMEND QUEENSBURY TOWN CODE CHAPTER
179 "ZONING" RELATING TO THE MAIN STREET ZONING DISTRICT
PUBLICATION DATE: SEPTEMBER 26, 2014
SUPERVISOR STROUGH-What is being proposed here was just highlighted by Chazen in the
beginning of the meeting. I will open the public hearing on Amending Town Code Chapter 179
relating to Main Street Zoning. Any member of the public that wishes to speak to the new proposed
Main Street Zoning District please come forward, please identify yourself, please raise your hand.
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 327
PUBLIC HEARING OPENED
JOHN SALVADOR-I am not a resident in the Main Street Corridor area, however, I do have some
concerns, and it deals with SEQRA, Part II. There are questions in SEQRA, Part II that we have
recently come to realize, it must be very seriously addressed. Question D, 3 asks will the proposed
action use any existing public wastewater treatment facilities. I believe the answer is yes. Name the
Wastewater Treatment Plant to be used. I believe that is the Glens Falls Sewage Treatment Plant.
Name of the District, I am not really sure what district it is. Does the existing Wastewater Treatment
Plant have capacity to serve the project, the project being Main Street Corridor? I think the answer
to that is no. We understand that the Main Street Corridor will discharge sewage into the Glens Falls
Combined Sewage Treatment System. That system delivers the wastewater to the Treatment Plant;
however, the Treatment Plant does not have the capacity to treat the peak flows. The peak flows, of
course, come from other parts of the City and the Town. Somehow this issue has to be addressed.
Are we going to continue to rely on the City's combined sewers when we know that the EPA's final
Environmental Impact Statement that they did for the Lake George, Upper Hudson Region back in
1983 had a final recommendation that if Queensbury were to be sewered; by the way they said run
sewers in Queensbury only if they are cost effective, otherwise stay on individual treatment facilities.
In any case, if Queensbury were to be sewered, then new sewers were to be installed to the
Treatment Plant. We have never undertaken that. We are still relying on the combined sewers. I
really think that the EPA, City of Glens Falls should be parties to these SEQRA reviews. Thank
you.
SUPERVISOR STROUGH-Anyone else like to speak? George.
GEORGE WINTERS, 4 JOHN CLENDON ROAD, QUEENSBURY-I remember back when they
first started talking about Main Street, Main Street was to get the traffic to Glens Falls and away
from Glens Falls. What they've done, I don't think they've done that. When you are coming north
on the Northway they've got two lanes coming into the City. Then you get down there, not even a
quarter of a mile they are all trying to get into one single lane. Then when you are coming out of the
City to go north there is no turn lane there. When you go under the Northway they've got four lanes
going under the Northway. I think it was Saturday or Sunday I was going down the Corinth Road
into Main Street, there was two bicycles and a log truck, you had four lines of traffic plus the two
bicycles trying to get through there. They talk about easy streets and stuff that they want, if you are
going to divide that highway and give the bicycles a right-a-way on that, that is going to eliminate all
the money you put into it to make the traffic flow faster. Is that what is going to happen, is there
going to be some things for bicycles to travel on the road? I know New York State says they can
travel on the road, but anybody that travels on the road with the log trucks that go down through
there....
SUPERVISOR STROUGH-George, Main Street is designed to accommodate traffic and to
accommodate development, and to accommodate bicycles. The lanes that are on Main Street, I think
they are fourteen (14) or fifteen (15) foot in width. Whereas for traffic of thirty five (35) M.P.H. you
could go with eleven (11) foot wide lanes. The lanes currently there were made extra wide to
accommodate bicycles, they are extra wide. If that was designed and done today and this was
designed ten years ago, they probably would do more to accommodate bicycles George, I agree with
you on that. They did widen the lanes and maybe not a perfect world, but to accommodate bicycles.
Like I said Main Street is not just to accommodate traffic, it is also to accommodate development.
MR. WINTERS-Development? We got away from the two story buildings, or whatever the name of
the project should have been, Dream Street when it was two stories.
SUPERVISOR STROUGH-So you like this plan?
MR. WINTERS-I like the plan that you can put a one story building there. That was through a lot of
meetings and everything else trying to change the Comprehensive Plan, that was a long time coming.
COUNCILMAN VANNESS-The other thing George on the bike path, that did come up during
several of the meetings, it came up and we talked with the group. There was a group, I apologize, I
don't have the name, a bicycle club that is in the area.
SUPERVISOR STROUGH-Warren County Safe And Quality Bicycle Organization.
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 328
COUNCILMAN VANNESS-They attended the meetings when we spoke about Luzerne Road,
possibly with the reconstruction of Luzerne Road making bike paths over there lighting it up a little
bit so the people can be seen. As you know from living in that area, there are so many crossovers
from Luzerne Road to Main Street that they can use the Luzerne Road Bike Path and cross over to
Main Street on one of the cross streets, that was discussed quite a bit as well.
MR. WINTERS-I am a big strong believer the roads are for cars. Look at the millions of dollars we
put into bicycle trails, that is where a guy should be riding a bicycle. A guy don't take his bicycle to
ride to Hannaford to pick up some groceries.
SUPERVISOR STROUGH-They should.
MR. WINTERS-Another thing, I don't believe the house down on the corner of Western and Main
Street, that guy had to put dormers and everything else on there. I feel sorry for that guy because
that is a lot of extra money for nothing. Does that look like a two story building? Does it look better
than what it was? Come on.
SUPERVISOR STROUGH-It does look better than what it was. Anybody else in the public like to
speak to this Main Street Zoning?
RON BALL, QUEENSBURY-I am in favor of this project. I am really against the narrow road. On
a busy school day, log trucks go down through there, they hit their jake brakes. If there is a bicycle
there, someone on the bicycle and he hits his jake brake because he is afraid a bicycle may pull in
front of him, that is enough to scare somebody right off their bike. Then it is bottleneck when you
are entering the bridge where the bridge is. Say you are coming from the east and going west and
you come to the bridge, where does the bike path end? What happens, how are they going to be able
to get through there?
SUPERVISOR STROUGH-We can't change the road, we can't change what is under the bridge.
But the Main Street Zoning program, do you support that?
MR. BALL-I do, I support it. It sounds like maybe we are going to be in a worse situation if this
goes into effect. School buses are down there every day, they are stopping, there are long lines of
traffic already trying to get out of Town, trying to go down. It is just like what you did, it isn't
working now. If you have more businesses there, it is going to make it a really congested area. I
know originally they proposed five lanes, it would have been terrific it they could have done it. I
could never figure out how they could do it, not without buying all of the houses on one side of the
street or moving the Cemetery or something. When they went down to one lane in each direction,
the turning lane, they threw the whole thing out, it threw it out. You might better take your money
and invest it in the Luzerne Road. Go over to Luzerne Road, put a five lane road in there and move
it along through there and make that the business route, that's what I think.
SUPERVISOR STROUGH-Thank you Ron.
STEVE BORGOS, QUEENSBURY, ASSOCIATE BROKER REALITY USA-I want to thank the
board for getting to this point. The changes that you are proposing, going a long way to getting this
project moving along. It has been sitting there too long, we have invested a lot of money. I didn't
expect the comments from Mr. Salvador tonight but during the public meetings, we had somebody
address the question of sewer. I am sure we were told that everything met all the criteria, that there
is enough capacity available in the Glens Falls project. Mr. Salvador referred to a 1983 study of
some sort, but in 1988, 1989, the Central Queensbury Quaker Road Sewer District opened and that
was with full blessings of the State and all the State Engineers that passed all the regulations.
Certainly eighty-eight was more recent than eighty-three so we should be okay, at least through that
time. Thank you very much. We hope that this gets approved tonight.
SUPERVISOR STROUGH-Steve, that was a good question, fair question. The answer is we have
the capacity, absolutely no problem for Main Street. You may have overheard some of the
discussions, do we have capacity for the Exit 18 zone that we are planning which would allow rather
large projects.
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 329
MR. BORGOS-That is a whole different project.
SUPERVISOR STROUGH-Right, that is a whole different thing, but the answer is yes. Do we have
the sewer capacity to bring it down past Stewarts to Carey Industrial Park and provide that? The
answer is yes. Do we have enough capacity to include Circle Drive Industrial Park and Westside
Auto? We might. We recently had a meeting with the City and all engineers were involved and
there might be a way that when we reach a certain level, we can make a modest investment and
increase the capacity to even include other areas. The answer, do we have capacity for Main Street
is absolutely yes.
Mr. BORGOS-Great, thank you.
SENIOR PLANNER, STU BAKER-I like to go to Mr. Salvador's comment. He remarked he was
referring to questions in Part II of the SEQRA EAF form but he was actually referring to Part I,
Section D. The action the board is considering this evening is the amendment of the local law, the
zoning. Under item C 1 on Page 2, it notes if you are looking at doing a local law amendment, you
only need to complete Section CF and G of the SEQRA Long Form. The concern that Mr. Salvador
expressed about items pertaining to Section D aren't applicable to your SEQRA review tonight.
SUPERVISOR STROUGH-Thank you Stu. Any members of the public have any comments on our
proposed Main Street Zone?
MR. SALVADOR-The only reason why the City tells you they have capacity is because the DEC
has agreed that they can discharge raw sewage to the Hudson River in a storm event and they have
given limits on that discharge. As long as they are under those generous limits everything is okay.
The fact remains; Queensbury's raw sewage is contaminating the Hudson River in a storm event. It
was the EPA who foresaw this problem before Queensbury built any sewers but the City Sewage
Treatment Plant existed in 1984. The EPA understood the problem and therefore recommended new
sewers to the Treatment Plant for Queensbury, they just never got built. It is a family secret
everyone knows but no one talks about. I have one other comment with regard to Main Street. You
recall early on there was the big discussion about the desirability to have underground utilities, the
history of that is endless. In any case it wound up that Queensbury had to swallow the cost of the
underground utilities. The Utility Company wasn't going to pay for it. The County wasn't going to
pay for it. If the project was to move ahead, Queensbury had to agree to swallow the costs.
Normally a project like that, you set up a benefit district, a taxing benefit district and the people who
benefit from the underground utilities pay the costs. Well, we weren't about to do that. I have on
my utility bill every month a charge, a municipal underground charge that is Main Street. Everyone
in this community that receives a bill from National Grid, both residential and commercial has the
same charge.
SUPERVISOR STROUGH-How much is it John?
MR. SALVADOR-It is about a little over a penny a kilowatt hour.
SUPERVISOR STROUGH-Okay if Main Street develops nicely like we predict it will and it brings
a lot of sales tax revenue, you will benefit from that won't you?
MR. SALVADOR-How will I, I live miles away?
SUPERVISOR STROUGH-Yes, but your Town taxes and your County taxes depend on the revenue
generated by sales tax.
MR. SALVADOR-No, these realtors have told you that the property doesn't yield the value unless
you change the zoning.
SUPERVISOR STROUGH-We are changing the zoning so they can develop it and your taxes will
go down.
MR. SALVADOR-Thank you.
BOB SEARS-We have been talking about this for a year, I just want to say one thing. I really
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 330
appreciate the work you people have put into this, the time, the flexibility and the scrutiny to change
this zoning. It will probably be the best zoning in Queensbury and also maintain the integrity and
the intent that it was originally designed to do. Thank you very much.
SUPERVISOR STROUGH-I want to thank you and Steve Borgos for inspiring this whole thing.
Anybody else? Seeing none, I will close the public hearing.
COUNCILMAN VANNESS-Whether it passes or it doesn't, I just want to thank the Town Board
and residents for the work that they have put into it.
SUPERVISOR STROUGH-This board has been very supportive, worked very hard each and every
one of you to make sure that this happens. I worked with you and we got there. There are a lot of
entities that deserve to be thanked. You started it out but let's hope we are not too soon, I think we
are alright.
PUBLIC HEARING CLOSED
FULL ENVIRONMENTAL ASSESSMENT FORM
PART 2—IDENTIFICATION OF POTENTIAL PROJECT IMPACTS
1. Impact on Land
Proposed action may involve construction on, or physical alteration of, the land surface
of the proposed site. (See Part 1.D.1)
If"Yes", answer questions a-j. If"No", move on to Section 2. _X No Yes
2. Impact on Geological Features
The proposed action may result in the modification or destruction of, or inhibit access to,
any unique or unusual land forms on the site (e.g., cliffs, dunes, minerals, fossils, caves).
(See Part 1. E.2g)
If"Yes", answer questions a-c. If"No", move on to Section 3. X No Yes
3. Impacts on Surface Water
The proposed action may affect one or more wetlands or other surface water bodies (e.g.,
streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h)
If"Yes", answer questions a-l. If"No", move on to Section 4. X No Yes
4. Impact on groundwater
The proposed action may result in new or additional use of ground water, or may have
the potential to introduce contaminants to ground water or an aquifer.
(See Part 1.D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t)
If"Yes", answer questions a-h. If"No", move on to Section 5. X No Yes
5. Impact on Flooding
The proposed action may result in development on lands subject to flooding.
(See Part 1.E.2)
If"Yes", answer questions a-g. If"No", move on to Section 6. X No Yes
6. Impacts on Air
The proposed action may include a state regulated air emission source.
(See Part 1.D.2.f., D,2,h, D.2.g)
If"Yes", answer questions a-f. If"No", move on to Section 7. X No Yes
7. Impact on Plants and Animals
The proposed action may result in a loss of flora or fauna.
(See Part 1.E.2 m-q.)
If"Yes", answer questions a-j. If"No", move on to Section 8. _X No Yes
8. Impact on Agricultural Resources
The proposed action may impact agricultural resources.
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 331
(See Part 1.E.3.a. and b.)
If"Yes", answer questions a-h. If"No", move on to Section 9. X No Yes
9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from, or are in sharp contrast
to, current land use patterns between the proposed project and a scenic or aesthetic
resource. (Part 1.E.1.A, E.l.b, E.3.h).
If"Yes", answer questions a-g. If"No", go to Section 10. X No Yes
10. Impact on Historic and Archeological Resources
The proposed action may occur in or adjacent to a historic or archaeological resource.
(Part 1.E.3.e, f. and g.)
If"Yes", answer questions a-e. If"No", go to Section 11. X No Yes
11. Impact on Open Space and Recreation
The proposed action may result in a loss of recreational opportunities or a reduction of an
open space resource as designated in any adopted municipal open space plan.
(See Part 1.C.2.c, E.1.c., E.2.q.)
If"Yes", answer questions a-e. If"No", go to Section 12. X No Yes
12. Impact on Critical Environmental Areas
The proposed action may be located within or adjacent to a critical
environmental area (CEA). (See Part 1.E.3d)
If"Yes", answer questions a-c. If"No", go to Section 13. X No Yes
13. Impact on Transportation
The proposed action may result in a change to existing transportation systems.
(See Part 1.D.2.j)
If"Yes", answer questions a-g. If"No", go to Section 14. X No Yes
14. Impact on Energy
The proposed action may cause an increase in the use of any form of energy.
(See Part 1.D.21)
If"Yes", answer questions a-e. If"No", go to Section 15. X No Yes
15. Impact on Noise, Odor, and Light
The proposed action may result in an increase in noise, odors, or outdoor lighting.
(See Part 1. D.2.m., n., and o.)
If"Yes", answer questions a-f. If"No", go to Section 16. X No Yes
16. Impact on Human Health
The proposed action may have an impact on human health from exposure
to new or existing sources of contaminant. (See Part 1.D.2.q., E.l.d.f.g. and h.)
If"Yes", answer questions a-m. If"No", go to Section 17. X No Yes
17. Consistency with Community Plans
The proposed action is not consistent with adopted land use plans.
(See Part 1.C.1, C.2. and C.3.)
If"Yes", answer questions a-h. If"No", go to Section 18. X No Yes
18. Consistency with Community Character
The proposed project is inconsistent with the existing community character.
(See Part 1.C.2, C.3, D.2, E.3)
If"Yes", answer questions a-g. If"No", proceed to Part 3. X No Yes
RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND
ENACTING LOCAL LAW NO.: 5, OF 2014 TO AMEND QUEENSBURY
TOWN CODE CHAPTER 179 "ZONING" RELATING TO THE
MAIN STREET ZONING DISTRICT
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 332
RESOLUTION NO.343,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: _of 2014 to amend
Queensbury Town Code Chapter 179, entitled "Zoning,"to amend language and requirements related to the
Main Street zoning district,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 Queensbury Zoning Laws,and
WHEREAS, on or about September 241h, 2014, the Warren County Planning Department
considered the proposal and determined that there would be no County impact, 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,the Town Board duly conducted a public hearing,heard all interested parties and closed
the public hearing concerning the proposal on Monday, October 6th,2014,and
WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of the proposal,and
WHEREAS, the Town Board has considered the conditions and circumstances of the area
affected by the proposal, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: _ of 2014 as
presented at this meeting,hereinafter referred to as the"legislation,"
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby determines that the proposed legislation will
not have any significant adverse environmental impact and a SEQRA Negative Declaration is made, and
authorizes and directs the Town Clerk and/or Zoning Administrator 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.: of 2014 to Amend Chapter
179 "Zoning" of Queensbury Town Code relating to the Main Street Zoning District as presented at this
meeting,and
BE IT FURTHER-
RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file
the Local Law 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
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 333
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to
send a copy of this Resolution and a copy of the Local Law and Zoning Map to the Town Planning Board,
Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department 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 6 t day of October,2014,by the following vote:
AYES : Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier
NOES : None
ABSENT : None
LOCAL LAW NO.: 5, OF 2014
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBURY TOWN CODE RELATING TO THE
MAIN STREET ZONING DISTRICT
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS.
Section 1. Intent; Authority — The Town Board recognizes the potential economic
benefit of pedestrian-oriented mixed-use development and wishes to encourage such
development within the Town. The Board also seeks to clarify the definition of"story." This
Local Law is adopted pursuant to New York Municipal Home Rule Law.
Section 2. Amendment of Zoning Law — Chapter 179 of the Queensbury Town Code,
entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as
follows:
A. Paragraph C. of Section 179-2-010, entitled "Definitions and word usage" is
amended as follows:
(1) The following new definition of"Build-to Lot Width" is added:
BUILD-TO LOT WIDTH -- The percent as measured by the building facade width
divided by the lot width
B. Article 3, entitled "Zoning Districts" is amended as follows:
(1) Section 179-3-040, entitled "Establishment of zoning districts," Subsection (B)
entitled, "Commercial districts", Subsection (5) entitled "Main Street", is amended as
follows:
(a) Uses allowed. This district primarily allows a variety of retail, office, personal
and business services uses (excluding auto service) at a scale that is appropriate to
a traditional rural town main street. In addition, while residential uses are
permitted on the first floor of multistory buildings that are setback 250 feet as
measured from the centerline of Main Street, residential uses above the first and
second floor are encouraged throughout the district. Residential uses, including
single-family dwellings, duplexes or two-family dwelling, multiple-family
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 334
dwellings, and townhouse are permitted beyond 250 feet as measured from the
centerline of Main Street. However, townhouses and multiple-family units are
strongly encouraged. Restaurants and taverns will be allowed by special use
permit. A mixture of uses in a building is also allowed. A complete list of uses
allowed in the MS District is set forth on Table 3 of this chapter
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this chapter and as follows (Note that all are minimum
requirements except building height and size which are maximum restrictions.):
[2] Front yard setback: 40 feet to 100 feet as measured from the centerline of
Main Street. See related building height minimums below and §179-7-
07013(l)(c). The setback for buildings and lots that are not located along
Main Street is 20 feet as measured horizontally from the property line.
[3] Side yard setback: Buildings shall occupy a minimum of 60 percent of the
build-to lot width as measured by the building facade width divided by the
lot width. Where multiple buildings are located on a single lot, the
cumulative building facade widths shall occupy a minimum 60 percent of
the build-to lot width. In order to encourage a strong pedestrian
environment and downtown experience, zero foot side yard setbacks are
preferred. The Planning Board may waive this requirement wherever this
provision would restrict rear yard access for parking due to lot width. The
figure below illustrates the build-to lot width.
Facade Width(a)
Lot Width(B)
[9] Building height: Shall be a minimum height of 15 feet and a
maximum height of 40 feet on Main Street. Buildings shall have a
maximum of three stories. While a minimum of two stories is
preferred, single story buildings are permitted if they meet a build-
to line setback standard of 40 feet as measured from the centerline
of Main Street. All other building heights shall be a minimum of a
2.85:1 ratio as measured by the distance from (A) facade to the
Main Street centerline and (B) the building height from natural
grade to the highest point of the structure as shown in the figure
below.
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 335
I
*Ai*r
- go
P
[10] Percent permeable: 5% for projects less than one acre and 10% for
projects greater than one acre.
[11] Percent landscaped: 5%. Wherever green infrastructure design
features (e.g., raingardens, bioretention basins, etc.) are used the Planning
Board may consider this as both landscaping and permeable areas.
Required street plantings and visual screening for parking areas shall not
be included when calculating percent landscaping. See New York State
Stormwater Management Design Manual Chapter 5 (or most current New
York State standards) for more information.
(c) Development standards. The applicable standards and requirements set forth in all
other articles of this chapter shall apply to all uses in this district as well as
expansion, remodeling or change of use to existing structures and uses.
C. Article 7, entitled "Design Standards" is amended as follows:
(1) Section 179-7-030, entitled "Specific design standards," Subsection (B)
entitled, "Main Street (MS)", is amended as follows:
(1) This scenario consists of varying building types and footprints
buildings lining Main Street.
(2) Section 179-7-070, entitled "Main Street," subsection (B) entitled "Site
organization" is amended as follows:
(1) Building placement/front yard setback.
(a) To promote pedestrian interest and continuity, the street-
level shops shall be retail, office, professional office,
gallery, personal service establishment, restaurant or tavern
along Main Street. Residential uses above the first and
second floor are encouraged throughout the district.
Residential uses, including single-family dwellings,
duplexes or two-family dwelling, multiple-family
dwellings, and townhouse are permitted (with site plan
approval) beyond 250 feet as measured from the centerline
of Main Street; however, multiple-family housing is
strongly encouraged.
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 336
(c) Buildings shall have a minimum setback of 40 feet and a
maximum setback of 100 feet from the centerline of Main
Street. In all instances, the minimum setback is preferred.
Where increased setbacks (beyond 40 feet from the
centerline of Main Street) are proposed the Planning Board
shall strictly apply all off-street parking and sidewalk,
sidewalk landscaping, public plazas, and/or outdoor dining
standards identified in §179-7-070(E).
(3) Street organization/on-street parking restrictions.
(g) All new curb cuts for driveways and roadways shall
comply with Article 19: Access Management.
(4) Off street parking.
(a) Location
[1] Placement of parking areas at the rear of the
building is encouraged and preferred. Placement of
parking at the side and front of buildings may be
allowed by special use permit. Where parking is
proposed at the side and/or front of buildings the
Planning Board shall strictly apply all off-street
parking and sidewalk, sidewalk landscaping, public
plazas, and/or outdoor dining standards identified in
§179-7-070(E).
[2] Parking shall be in accordance with the Town's
parking and loading regulations (§179-4-090). In all
instances shared parking through private cross lot
easements is encouraged. In addition to the
proposed reductions to parking for any building or
development having more than one use (see §179-4-
090(G)), the Planning Board may further reduce
parking requirements by an additional 50% within
the Main Street district where two or more uses
occur on a single lot or where contiguous lots share
access and parking. In addition, the Planning Board
may waive all or portions of the off-street parking
requirements if a proposed use is within 400 feet of
a municipally or private owned parking off-street
parking area that has sufficient capacity as
demonstrated by the applicant The Planning Board
may also waive all or portions of the off-street
parking requirements if an applicant can
demonstrate how parking demands may be
mitigated and/or minimized based on trip
generations, hours of operation, and/or number of
employees.
[3] Parking areas located on the front and sides of
buildings are strongly discouraged; however, in
accordance with §179-3-040(5)(b)(2) and §179-3-
040(5)(b)(9), front and side parking may be allowed
by special use permit . Where parking is proposed at
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 337
the side and/or front of buildings the Planning
Board shall strictly apply all off-street parking and
sidewalk, sidewalk landscaping, public plazas,
and/or outdoor dining standards identified in §179-
7-070(E).
[4] If parking is located along the side and/or front of a
building, a minimum three-foot tall visual screen
that is a combination of shrubs, hedges and/or trees,
and/or solid masonry, located within or along a
four-foot planting strip between the parking area
and Main Street sidewalk is required. Shrubs must
be a minimum of 18 inches in height when planted
and must reach a minimum size of 36 inches in
height within three years of planting. For corner
lots, 36 inches shall be the maximum height (see
§179-5-070). A 36-inch masonry wall made of
brick, stone veneer, dry laid stone, or some other
Planning Board approved material may be
substituted for the continuous row of shrubs. Breaks
for pedestrian and vehicle access are permitted
along any visual screening. This requirement does
not apply to alleyways. Additional landscaping and
buffering standards are identified in §179-8.
[6] Easements shall be used to formalize shared access
arrangements.
[7] Businesses should be encouraged to share parking
areas.
[8] Single or two rows of off-street parking in front of
buildings is permitted. A single row of parking shall
have a one-way drive aisle that does not exceed 15
feet in width. Two rows of parking may have a two-
way drive aisle that does not exceed 24 feet. In all
instances, rear and/or side parking is preferred.
Where parking is proposed at the side and/or front
of buildings the Planning Board shall strictly apply
all off-street parking and sidewalk, sidewalk
landscaping, public plazas, and/or outdoor dining
standards identified in §179-7-070(E).
(3) Section 179-7-070, entitled "Main Street," subsection (E) entitled
"Sidewalks" is amended as follows:
(3) Sidewalk connections.
(b) If parking is located in the front of buildings, sidewalks and
walkways that connect building entrances, plazas, and
outdoor dining shall be provided. Such access shall connect
with public sidewalks and provide the most
accommodating route practicable. Pedestrian islands, curb
bumpouts, pedestrian paving patterns, and crosswalks that
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 338
follow internal access roads, alleyways, driveways, and/or
atop raised medians should be used to make a continuous
and well-defined point of pedestrian access in and around
parking areas.
(c) New sidewalks must connect to adjacent properties.
(4) Section 179-7-070, entitled "Main Street," subsection (F) entitled
"Architectural design" is amended as follows:
(1) Building height/proportion.
(a) In accordance with §179-3-040(5)(b)(2) and §179-3-
040(5)(b)(9), buildings shall be a minimum height of 15
feet and a maximum height of 40 feet on Main Street.
While a minimum of two stories is preferred, single story
buildings are permitted if they are at a minimum setback of
40 feet measured from the centerline of Main Street.
Buildings shall have a maximum of three stories. Buildings
within 150 feet of West Main Street and adjacent to plazas
shall have the same building height requirement.
(b) The first-story height for multistory buildings should be a
minimum of 12 feet measured floor to floor and 15 feet
measured from finished grade to the highest point of the
structure for single-story buildings.
(2) Roof
(a) Prohibited: gambrel or faux mansard roofs.
(b) Allowed:
[3] True mansard roofs that accommodate living and/or
office spaces are allowed. The use of dormers is
encouraged.
[4] All permitted roofs shall incorporate detailed
cornices, raking cornices, friezes, and architraves
are preferred along rooflines facing public streets.
[5] Plain parapets are not allowed.
(3) Facade treatment and fenestration.
(h) The use of columns, lintels, cornices, horizontal and
vertical divisions (e.g., structural bays, bump-outs,
alternating street wall segments, etc.) and other expressed
structural elements and articulations are preferred. Such
features should be used to help differentiate the base,
middle and top portions of multi-story buildings and/or
reduce the monotony of large-scale street walls. These
features may be incorporated into doorways, windows, and
along rooflines.
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 339
(i) The architectural treatment of the building facade should be
continued in its major features, around all visible sides
from the primary street.
(j) Blank, windowless walls facing sidewalks, streets and other
public places are prohibited.
(k) Dark or reflective tinted glass is prohibited along Main
Street frontage.
(1) Drive-through windows are prohibited beyond 500 feet
from the right-of-way for Interstate 87.
(7) Standalone residential uses, including single-family dwellings,
duplexes or two-family dwelling, multiple-family dwellings, and
townhouse are permitted (with site plan review) beyond 250 feet as
measured from the centerline of Main Street; however, townhouses
and multiple-family housing is strongly encouraged (see examples
below).
(a) Ground floor elevations as measured from finished grade to
first story floor height (min/max): 2-4 feet
minimum/maximum
(b) Floor heights (floor to floor): 12 feet
(c) Townhouses shall not exceed five unites in any one row.
Multiple-family buildings shall not exceed 150 feet along
the street-facing facade.
(d) For single-family dwellings, duplexes, or two-family
dwellings, traditional neighborhood, higher density designs
are preferred (see figure below)
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 340
r.
= r
'00�-P-9$--4 -
r ..
Guidelines in the Main Street Districts aim to create vibrant mixed-use
communities.
D. Table 1, entitled "Table of Area Requirements" is amended as follows:
(1) Under the Main Street District:
a. Front (feet): 40-10011
i. 11 See 179-3-040 B (5)(b)(2), 179-3-040 B (5)(b)(9), and 179-7-070
A(1)(c)
b. Side: 012
'. 12 Buildings shall occupy a minimum of 60 percent of the build-to lot
width as measured by the building facade width divided by the build-to
lot width. See 179-3-040 B (5)(b)(3).
c. Minimum Percent Permeable: 5% - 10%varies with lot size 13
i. 13 179-3-040 B (5)(b)(10) and 179-3-040 B (5)(b)(11).
d Maximum Building Height: 4014
i. 14 See 179-3-040 B (5)(b)(9)
e. Floor Area Ratio (FAR):
f. Notes: 5% landscaped 15
i. 15 See 179-3-040 B (5)(b)(11)
E. Table 3, entitled "Summary of Allowed Uses in Commercial Districts" is
amended as follows:
(1) Column Title: Main Street(3)
(a) (3) All single story uses and buildings setback beyond 40 feet require a
Special Use Permit
(2) "Apartment House/Condos(4),, is added as an Allowed Use with Site Plan Review
(SPR) in the Main Street (MS)Zoning District.
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 341
(a) (4) Residential uses, including single-family dwellings, duplexes or two-
family dwellings, multiple-family dwellings and townhouse are not
allowed within 250 feet of the centerline of Main Street. Beyond 250 feet
they are allowed with site plan review.
(3) "Apartment House/Condos above first floor" is added as an Allowed Use with
Site Plan Review (SPR) in the Main Street (MS) Zoning District.
(4) "Multi-family house" is added as an Allowed Use with Site Plan Review (SPR3)
in the Main Street (MS)Zoning District.
(a) (3) All single story uses and buildings setback beyond 40 feet require a
Special Use Permit
(5) "Single Family Dwelling" is added as an Allowed Use with Site Plan Review
(SPR3) in the Main Street (MS) Zoning District.
(a) (3) All single story uses and buildings setback beyond 40 feet require a
Special Use Permit
Section 3. Severability — 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 4. Repealer — All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this
Local Law is specifically intended to supersede the amended provisions of the current Town of
Queensbury Zoning Law.
Section 5. Effective Date—This Local Law shall take effect upon filing in the office of the New
York State Secretary of State or as otherwise provided by law.
2.0 HEARING
APPROVING/DISAPPROVING 687 UPPER GLEN STREET LLC'S APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT
SET FORTH IN TOWN CODE CHAPTER 136—SEWERS AND SEWAGE DISPOSAL
SUPERVISOR STROUGH-Is there anybody that would like to speak to this? Members of the public? In
brief,this is 697 Upper Glen Street; it used to be the KOC near the Glen Drive Inn. The use of that building
has been sporadic. The owner would have liked it to have been heavy, but just not the case. He is asking that
he be granted a variance from hooking up to the Route 9 sewer. He has to pay all the fees that everybody else
does, he just doesn't have to pay for the connection if we grant him the approval to do this. This is a two (2)
year request. Is there anybody here that would like to speak to this proposed variance from a sanitary sewage
connection for property at 989 Route 9?
COUNCILMAN METIVIER-That is Knights of Columbus, not Kentucky Fried Chicken since that is gone
right now.
SUPERVISOR STROUGH-The old former Knights of Columbus building.
NO PUBLIC COMMENT
SUPERVISOR STROUGH-Anv Town Board members?
COUNCILMAN CLEMENTS-I just want to say that there are several other ones that have variances up there
too.
SUPERVISOR STROUGH-Right, Glen Drive Inn for example, right next door and others.
COUNCILMAN IRISH-They did agree to connect in two (2)years correct?
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 342
SUPERVISOR STROUGH-This is a variance for two (2)years and the owner would like to sell it. If they
sell it then they have to come back anyway. It is maintained under the current ownership. We are granting
the variance but if there is a major change in use,they have to come back. This doesn't apply to all situations.
If it is change owners, a major change of use they have to come back.
TOWN COUNSEL, HAFNER-Councilman Irish,there is language in the proposed resolution that is in
brackets that you can consider,that does exactly what the Supervisor was talking about, but that is one of the
decisions that you have to make.
SUPERVISOR STROUGH-Any other questions or concerns? Okay roll call vote.
RESOLUTION APPROVING 697 UPPER GLEN STREET LLC'S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136 - SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 344,2014
INTRODUCED BY: Mr.Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
variances from §136-44 "Connection to sewers required" which requires Town property owners situated
within a sewer district and located within 250' of a public sanitary sewer of the sewer district to connect to
the public sewer facilities within one(1)year from the date of notice,and
WHEREAS, 697 Upper Glen Street LLC (Applicant) applied to the Town Board for a
variance/waiver from Town Code §136-44.1 for an extension of the Town's connection requirements to
connect its property located at 989 State Route 9, Queensbury to the Route 9 Sanitary Sewer District as set
forth in its August 26th,2014 application,and
WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the Applicant and the Town
Board conducted a hearing concerning the variance/waiver request on Monday, October 6th,2014,
NOW,THEREFORE, BE IT
RESOLVED,that
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that
the temporary granting of the variance/waiver would not be materially detrimental to the
purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or
otherwise conflict with the purpose and objectives of any plan or policy of the Town of
Queensbury.and
b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate
unnecessary hardship on the Applicant;and
BE IT FURTHER-
RESOLVED, that the Queensbury Town Board hereby approves 697 Upper Glen Street LLC's
application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to sewers
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 343
required"and hereby grants the applicant a two (2)gear extension of time or until October 6th, 2016 in which
to connect its property located at 989 State Route 9, Queensbun�(Tax Map No.: 296.13-1-22)to the Town's
Route 9 Sanitary Sewer District, provided that the Applicant connect to the Route 9 Sanitary Sewer District
within two (2) `ears and no further extensions will be granted, and in the meantime, if there is any change in
property use, increase in septic use or additional bathroom facilities added, then such variance shall
immediately terminate unless the Queensbun� Town Board reviews and approves a new application for a
variance/waiver, and furthermore, if the septic system has been determined to fail or is modified by the
Applicant, or if ownership of the property is transferred, then the variance is terminated as well and the
property must connect to the Route 9 Sanitary Sewer District,
BE IT FURTHER-
RESOLVED,that Applicant shall pay all charges due as if its property was connected to the Route 9
Sanitary Sewer District,and
BE IT FURTHER-
RESOLVED, that the Town Board authorizes the Town Supervisor, Civil Engineer/Wastewater
Director and/or Town Budget Officer to take any actions necessary-to effectuate the terms of this Resolution.
Duly adopted this 6 t day of October,2014 by the following vote:
AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES : None
ABSENT: None
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY
GEORGE WINTERS, 4 JOHN CLENDON ROAD-Spoke regarding Resolution Appointing Jessica LaLauna
as Full Time Real Property Tax Clerk. Spoke regarding Resolution Amending Town Employee Handbook
Section 1008 Entitled Vehicle Usage and Travel Reimbursement to Add Highway Department 24-Hour
Vehicle Usage Policy and noted he thinks they are opening up a can of worms.
JOHN SALVADOR-Spoke regarding Resolution Amending Town Employee Handbook Section 1008
Entitled Vehicle Usage and Travel Reimbursement to Add Highway Department 24-Hour Vehicle Usage
Policv. Read Section 1008 of the Employee Handbook, and noted as he reads it, no one in the Town is
authorized to take a Town vehicle home. I do not see the community needing this emergency response. I am
not saying there is not a role to play but not as an emergency responder.
RON BALL-Spoke regarding Resolution Amending Town Employee Handbook Section 1008 Entitled
Vehicle Usage and Travel Reimbursement to Add Highway Department 24-Hour Vehicle Usage Polic`.
Questioned if all the employees authorized to take vehicles home live in the Town of Queensbun?
SUPERVISOR STROUGH-Noted that four out of the six live in the Town of Queensbury. one lives just over
the border in Luzerne and one just over the border in Glens Falls.
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING GRANT APPLICATION FROM NEW
YORK STATE OFFICE OF COURT ADMINISTRATION FOR FUNDS
TO BE USED FOR TOWN COURT IMPROVEMENTS
RESOLUTION NO: 345,2014
INTRODUCED BY: Mr.Doug Irish
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 344
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury's Justice Court has advised the Town Board that a Capital
Improvement Fund Grant from the New York State Office of Court Administration (OCA) is now available
to provide funding to the Town for Town Court improvements,and
WHEREAS, the Town Board wishes to authorize an application for these grant funds up to the
maximum grant amount available,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor
and/or Town Justices to apply for a Capital Improvement Fund Grant, up to the maximum grant amount
available, from the New York State Office of Court Administration(OCA)to be used by the Town for Town
Court improvements and take any further actions necessary to effectuate the terms of this Resolution.
Duly adopted this 6 t day of October,2014,by the following vote:
AYES : Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF TORO MOWER AND
ACCESSORIES FOR USE BY TOWN CEMETERY DEPARTMENT
RESOLUTION NO.: 346,2014
INTRODUCED BY: Mr.Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury's Cemetery Superintendent and Town Cemetery have
requested Town Board approval to purchase a mower with certain accessories to replace a mower in the
Cemetery Department,and
WHEREAS, the Town Cemetery Superintendent acquired three (3) quotes for such mower and
accessories,and
WHEREAS,the Town Cemetery Commission offered to fund such new mower and accessories,
NOW,THEREFORE, BE IT
RESOLVED, the Queensbury Town Board hereby approves and authorizes the Town Cemetery
Superintendent to purchase a Toro 5000 25HP EFI60 mower for $8,80 with a G3 Vac Blower for $825,
G3 60 Triple Bagger for $1700 and recycler kit for $205, for a total of$11, 80 from Emerich Sales and
Service,Inc., in South Glens Falls,NY,and
BE IT FURTHER
RESOLVED, that the Town Board hereby accepts payment in an amount up to $11, 80 from the
Town Cemetery Commission to pay for such mower and accessories,and
BE IT FURTHER
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 345
RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend
the 2014 Town Budget b`:
• Increase Appropriation—Misc. Equipment— 002-8810-2001 by$11, 80;
• Increase Revenue—Misc. Revenue— 002-0000-52770 by$11,580, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Cemetery- Superintendent and/or Budget Officer to take such other and further action as may be necessary to
effectuate the terms of this Resolution.
Duly adopted this 6th day of October,2014,by the following vote:
AYES : Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING UPGRADE OF WATER DEPARTMENT
SCADA COMPUTER BY SMITH CONTROL SYSTEMS
RESOLUTION NO.: 347,2014
INTRODUCED BY: Mr.Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury's Water Superintendent has requested that the Town Board
authorize Smith Controls as a single source vendor to upgrade the Water Department's SCADA computer
supervisory control and acquisition data system,and
WHEREAS, such upgrade will cost approximately $19,226 as set forth in Smith Controls' quote
dated September 2, 2014 and presented at this meeting,and
WHEREAS, Smith Controls built the Water Department's SCADA computer system in 1996,
upgraded it in 2004, and have performed all the work on it and for these reasons,the Town Board wishes to
waive the Town Purchasing Policy's two (2) quotes, self-imposed bidding/purchasing requirement in this
instance,and
WHEREAS,the Town will adhere to all New York State Law bidding requirements,and
WHEREAS,this will ensure that the Town's SCADA computer system will continue to operate in a
safe and efficient manner,
NOW,THEREFORE, BE IT
RESOLVED, that for the reasons outlined above, in these circumstances the Queensbun- Town
Board herebv waives its requirement under the Town of Queensbury's Purchasing Policy for two (2) written
quotes,and
BE IT FURTHER
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 346
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the upgrade of the
Town Water Department's SCADA computer supervisor- control and acquisition data system by Smith
Controls for an amount not to exceed $19,226 as delineated in Smith Controls' quote dated September 2,
2014 and presented at this meeting, and
BE IT FURTHER
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the
Town Budget to transfer $19,226 from Electricitv Account No.: 040-8320-4300 to Miscellaneous
Contractual Account No.: 040-8320-4400 and take all other actions necessar to effectuate the purchase,
and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water
Superintendent, Town Budget Officer and/or Purchasing Agent to take such other and further action as ma`
be necessary to effectuate the terms of this Resolution.
Duly adopted this 6th day of October,2014,by the following vote:
AYES : Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish
NOES : None
ABSENT: None
RESOLUTION APPOINTING JESSICA LALUNA AS FULL-TIME
REAL PROPERTY TAX CLERK
RESOLUTION NO.348,2014
INTRODUCED BY: Mr.Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 239,2013, the Queensbury Town Board authorized in part, the
hiring of Jessica LaLuna as a Part-Time Real Property Tax Clerk,and
WHEREAS, Ms. LaLuna has successfully worked in that capacity since on or about June 3rd, 2013,
and
WHEREAS, the Office of the Assessor has identified the need for additional services in order to
complete the necessar�assessment of Town properties,and
WHEREAS, the Town Assessor has recommended that the Town Board authorize Ms. LaLuna to
work full-time in such Real Property Tax Clerk position and the Town Board concurs with such
recommendation,
WHEREAS the position of Real Property Tax Clerk is not a Bargaining Unit position,
NOW,THEREFORE, BE IT
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 347
RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Jessica LaLuna as a
full-time Real Property Tax Clerk in the Town Assessor's Office effective on or about October 13th, 2014
subject to meeting any applicable Warren County Civil Service rules and requirements and further subject to
an eight(8)week probation period,and
BE IT FURTHER-
RESOLVED,that Ms. LaLuna shall be compensated at the hourly rate of$18.27,and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town
Supervisor and/or Town Budget Officer to complete any forms and take any action necessary to effectuate
the terms of this Resolution.
Duly adopted this 6 t day of October,2014 by the following vote:
AYES : Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish
NOES : None
ABSENT: None
RESOLUTION AMENDING TOWN EMPLOYEE HANDBOOK §1008
ENTITLED, "VEHICLE USAGE AND TRAVEL REIMBURSEMENT" TO
ADD HIGHWAY DEPARTMENT 24-HOUR VEHICLE USAGE POLICY
RESOLUTION NO.: 349,2014
INTRODUCED BY: Mr.Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board wishes to amend the Town of Queensbury Employee
Handbook r{1008 entitled"Vehicle Usage and Travel Reimbursement,"to adopt a new Policy to be added at
the end of such §1008 to be entitled. "Queensbury Highway Department 24-Hour Vehicle Usage Policy"
which will set forth provisions by which certain Highway Department employees will be permitted to use
a Town vehicle for travel between their home and job site, and
WHEREAS, in determining its approval,the Town Board considered the following guidelines:
• The job requirement is to respond to emergency situations beyond normal
working hours;
• The request must be consistent with Town Policy;
• The request must be made by the Department Manager; and
• The Town Board approved Highway Department employees must agree to and
sign a Statement of Acknowledgment of the Town Highway's Vehicle Usage
Policy;
and
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 348
WHEREAS, the Town Board has selected the following Highway Department employees
to be authorized under this Policy:
• Highway Supt. Tom Van Ness Vehicle: 2005 Chevy Silverado Plate#:
L63113
• Deputy Highway Supt. Dave Duell Vehicle: 2009 Ford F150 Plate 4:M53940
• Working Road Supervisor Mark Dutra Vehicle: 2006 Ford F250 Plate 4:M10029
• Working Road Supervisor Charles Garb Vehicle: 2004 Ford F250 Plate#: L83021
• Working Road Supervisor Richard Flewelling Vehicle: 2015 Ford F250 Plate 4:M53940
• Working Road Supervisor Peter Smith Vehicle: 2013 Ford F150 Plate#: R37797
and
WHEREAS, a proposed Queensbury Highway Department 24-Hour Vehicle Usage
Policy has been presented at this meeting, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts the Queensbury Highway
Department 24-Hour Vehicle Usage Policy substantially in the form presented at this meeting and
authorizes and directs the Town Supervisor to amend the Town of Queensbury's Employee
Handbook§1008 entitled "Vehicle Usage and Travel Reimbursement," accordingly to add this new
Policy at the end of§1008 to reflect this new Policy, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Highway Superintendent, Town Counsel and/or Town Budget Officer to take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 6th day of October, 2014, by the following vote:
AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES None
ABSENT: None
RESOLUTION AUTHORIZING CLOSURE OF WASTEWATER
DEPARTMENT CAPITAL PROJECT FUNDS #172 AND #173
RESOLUTION NO.: 350, 2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. William VanNess
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 349
WHEREAS, in accordance with Resolution No.: 440,2008, the Queensbury Town Board
established two (2) Capital Project Funds known as:
1. Central Queensbury Quaker Road Sewer District Inflow/Infiltration Study Project
Fund #172; and
2. Hiland Park Sewer District Inflow/Infiltration Study Project Fund #173;
which Funds established funding for expenses associated with the Wastewater Department's
Inflow/Infiltration Study and/or Repairs, and
WHEREAS, the Town's Wastewater Director has advised that the Projects are complete
and the Capital Project Funds can be closed, and
WHEREAS, the Town's accounting records show that there is approximately $539
remaining in Capital Project Fund #172 and approximately $270 remaining in Capital Project
Fund #173, and
WHEREAS, the Town Board wishes to close these Capital Project Funds and transfer the
Funds' remaining balances back to the Town's Wastewater Fund #32,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Budget Officer to close Central Queensbury Quaker Road Sewer District Inflow/Infiltration
Study Project Fund #172 and Hiland Park Sewer District Inflow/Infiltration Study Project Fund
#173 and transfer the Funds' remaining balances back to the Wastewater Department's Fund
#32, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer, Accountant and Wastewater Director to take such other and further action as may be
necessary to effectuate all terms of this Resolution.
Duly adopted this 6th day of October, 2014, by the following vote:
AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES None
ABSENT: None
RESOLUTION TO AMEND 2014 BUDGET
RESOLUTION NO.: 351, 2014
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 350
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the following Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting practices by the
Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Accounting Office to take all action necessary to amend the 2014 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
Training and
001-1990-4400 Contingency 001-1220-4090 Subscr. 1,500
001-1990-1010 Contingency Wages 001-1620-1020 O/T 3,000
001-1990-4400 Contingency 001-1650-4100 Telephones 5,000
001-1990-4400 Contingency 001-7550-4400 Misc. Contractual 2,000
002-9060-8060 Health Insurance Prem 002-1650-4100 Telephones 1,500
004-1990-4400 Contingency 004-5142-4641 Melting Agents 10,000
024-0000-0909 Fund Balance 024-5182-4305 Street Lights 5,000
Sewage
031-8130-2899 Capital Construction 031-8130-4521 Treatment 500
Duly adopted 6th day of October, 2014, by the following vote:
AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES None
ABSENT : None
RESOLUTION APPROVING AUDIT OF BILLS-
WARRANT OF OCTOBER 7T, 2014
RESOLUTION NO.: 352,2014
INTRODUCED BY: Mr.Doug Irish
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 351
SECONDED BY: Mr.William VanNess
WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant
with a run date of October 2"d,2014 and a payment date of October 7th 2014,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of
October 2"d,2014 and a payment date of October 7th 2014 totaling$769,231.33,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 6 t day of October,2014,by the following vote:
AYES : Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish
NOES : None
ABSENT: None
5.0 CORRESPONDENCE
NONE
6.0 PRIVILEGE OF THE FLOOR
JIM MACKEY, QUEENSBURY-Spoke to the board regarding The Ben Osborne Golf Outing at
the Queensbury Country Club. The event was sponsored by and supported by the owners and
volunteers of the Full Moon Restaurant. Several community leaders were present including County
Supervisors and the Mayor of Glens Falls. Did not see any representation from the leadership of the
Town, noted he was disappointed. Spoke regarding his disappointment that only two members of
the Town Board attended the County Meeting concerning the Airport Expansion on September I0'h
2014. Thanked Councilman Clements for his efforts to learn what his constituents want. Spoke
regarding Supervisor Strough's comment regarding the people of Global Foundries, potential users
of the Warren County Airport. Spoke regarding Supervisor Strough's comment regarding a new
FAA Program called New Gen, that this will cause more capital costs for our Airport. Hopes that
the board will plan to attend and learn by attending the next County Airport Meeting; you will learn
what the people of the Town really want.
RON BALL, QUEENSBURY- Spoke regarding the condition of West Mountain Road, that it is
very dangerous. Objects to Supervisor Strough's idea of putting a public parking area for the Rush
Pond Hiking Trail at the top of the dip, as you come from Gurney Lane on to West Mountain Road,
it is a very dangerous spot. Asked Councilman Irish to do the best he can to not allow this. Original
thought there was supposed to be a parking area at the southern end of the hiking trail near the
Indian Ridge area. Recommended going back to that area and try to put the parking area there.
Questioned why it is not there.
SUPERVISOR STROUGH-Part of the agreement with the neighbors is that we not allow parking at
that particular spot. There is parking at the school. We are proposing to put another parking area on
the corner of Aviation Road and Potter Road. So we are looking at alternative southern parking
areas.
JOHN SALVADOR-Asked if there is a construction schedule for the installation of these ten
bypasses that the Water Superintendent wants to put on to the force main. Spoke regarding the sale
of the Civic Center in Glens Falls.
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 352
GEORGE WINTERS, QUEENSBURY-Spoke regarding the round-a-bout and the jog in the
sidewalk and noted this should be straight with the road.
COUNCILMAN IRISH-That is to slow you down.
MR. WINTERS-Asked if the Town is responsible for cleaning the sidewalks at the round-a-bout?
SUPERVISOR STROUGH-Believes they are.
MR WINTERS-Spoke regarding the Airport, noting a lot of people in Queensbury does not want
the Airport.
7.0 TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER(WARD ONE)
• NOTHING TO REPORT
COUNCILMAN CLEMENTS (WARD TWO)
• The Charles Wood Theatre will be holding a presentation on The Lake Defenders, which is
free for the public or a five dollar($5.00) donation. They would like to have people sign the
petition to request that Time Warner Cable add Mountain Lake PBS to its lineup.
COUNCILMAN IRISH(WARD THREE)
• NOTHING TO REPORT
COUNCILMAN VANNESS (WARD FOUR)
• Thanked Supervisor Strough and Councilman Irish for meeting with Highway
Superintendent VanNess regarding the culvert under Dixon Road. Noted they are looking at
different ways to fix the issue. Spoke regarding a request he received for a Stop Sign at the
intersection of Ashley and Broad Acres.
SUPERVISOR STROUGH
• Lake George Community Band is going to do a 2014 Salute to the Veterans on Sunday,
November 9t1i 2014 at the Glens Falls High School Auditorium, free for vets and free
transportation is available.
• Spoke regarding The Ben Osborne Event. I did miss it this year. I did not miss the past
four; sometimes we have other events, we cannot make all of them. I think this board
supports our vets.
RESOLUTION ENTERING EXECUTIVE SESSION
RESOLUTION NO.: 353,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Doug Irish
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and moves into Executive Session to discuss personnel performance issues.
Duly adopted this 6th day of October, 2014, by the following vote:
REGULAR TOWN BOARD MEETING, 10-06-2014, MTG#36 353
AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES: None
ABSENT:None
RESOLUTION ADJOURNING EXECUTIVE SESSION
RESOLUTION NO.: 354,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Doug Irish
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Executive Session and moves back into Regular Session.
Duly adopted this 6th day of October, 2014, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
No action taken
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 355,2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
RESOLVED, that Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this 6th day of October, by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT:None
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY