2015-12-21 MTG 39 REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 137
REGULAR TOWN BOARD MEETING MTG#39
DECEMBER 21, 2015 RES# 435-454
7:03 P.M. B.H. 37-38
L.L. 8 & 9
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN DOUG IRISH
COUNCILMAN WILLIAM VANNESS
TOWN COUNSEL
ROBERT HAFNER, ESQ.
TOWN OFFICIALS
WATER-WASTEWATER SUPERINTENDENT, CHRIS HARRINGTON
DIRECTOR OF PLANNING AND ZONING, CRAIG BROWN
PRESS
POST STAR, LOOK TV
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DOUG IRISH
SUPERVISOR STROUGH-Called meeting to order.
PUBLIC INFORMATIONAL DISCUSSION: City of Glens Falls Request for Municipal
Exemption—Project A 5,157 KW Solar PV Project: City Power Purchase Agreement with Solar
City
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 435, 2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Brian Clements
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular
Session and enters into Executive Session.
Duly adopted this 21St, day of December, 2015, by the following
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF JOHN AND CATHY HODGKINS
RESOLUTION NO.: BOH 37,2015
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 138
WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal
Ordinance,and
WHEREAS,John and Cathy Hodgkins have applied to the Local Board of Health for variances from
Chapter 136 to install a replacement wastewater system with certain components requiring variances as
follows:
1. Septic/pump tanks to be 7.5' from the north side property line instead of the required 10'
setback,
2. Septic/pump tanks to be 7.5' from the dwelling instead of the required 10' setback,and
3. Force Main to be S from the north side property line instead of the required 10, setback;
on property located at 218 Lake Parkway, Queensbury,
NOW,THEREFORE, BE IT
RESOLVED, that the Town of Queensbury's Local Board of Health will hold a public hearing on
Monday, January l lth, 2016 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbun%to
consider John and Cathy Hodgkins' sewage disposal variance application concerning property located at 218
Lake Parkway, Queensbury(Tax Map No.: 226.19-1-84)and at that time all interested persons will be heard,
and
BE IT FURTHER-
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to
publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors
located within 500' of the applicant's property as required by law.
Duly adopted this 21St day of December,2015,by the following vote:
AYES : Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 38,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Brian Clements
RESOLVED, that Queensbury Board of Health hereby adjourns and moves back into the Town
Board of the Town of Queensbury.
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 139
Duly adopted this 21St, day December, 2015 by the following vote:
AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES: None
ABSENT: None
2.0 PUBLIC HEARINGS
PUBLIC HEARING — LOCAL LAW AMENDING QUEENSBURY TOWN CODE
SECTION 14-5 TO ELIMINATE REQUH2EMENT FOR TOWN OFFICER TO SUBMIT
DISCLOSURE STATEMENT UPON APPOINTMENT
PUBLICATION DATE: DECEMBER 11,2015
PUBLIC HEARING OPENED
SUPERVISOR STROUGH-Is there anyone that would like to speak to this?
KATHLEEN SONNABEND, 55 CEDAR COURT-What exactly is supposed to be disclosed?
COUNCILMAN IRISH-Basically everything. All your stocks, bonds, holdings, property, debt.
COUNCILMAN VANNESS-What you owe on your house.
COUNCILMAN IRISH-It is pretty onerous, it is a little crazy.
SUPERVISOR STROUGH-Let me go through it if you don't mind.
MS. SONNABEND-I don't want this to take all night.
COUNCILMAN IRISH-Then you don't want John...
MS. SONNABEND-I am just thinking that if there was a purpose for this, if there was a purpose to
disclose if you were related to other employees. If you had business dealings with people that were
up for decisions. I think if you were on the Planning Board for example and you had a business
interest with an applicant that should be disclosed.
SUPERVISOR STROUGH-That is already stated in our Ethics Code.
COUNCILMAN VANNESS-I think the important thing is if the Ethics Board comes and asks us
for it because there is an ethics complaint we are still required to file if there is an issue. Unless
there is not an issue we are not required to file.
COUNCILMAN IRISH-I don't think that is the way that I understood it.
ATTORNEY HAFNER-No that isn't.
SUPERVISOR STROUGH-I will make it quick guys. Business positions, outside employment,
future employment, past employment investments trusts....political parties, debts, third party
reimbursements, gifts...
MS. SONNABEND-That was the disclosure that you created or it was one that....
SUPERVISOR STROUGH-That was one the County had they already got one.
MS. SONNABEND-Personally thinking off the top of my head I don't think it makes any
difference if we know if you were invested with a particular stock or mutual fund. I would be
interested in knowing if you had property in common with decision makers in Town if you have
business dealings with them. There are certain things that I think should be disclosed, but is there a
different venue for that?
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 140
COUNCILMAN METIVIER-I think in my years being on the Planning Board and this Board, I
think everyone has been very transparent with any applicant that is in front of us. I can't ever think
of a time when somebody hasn't recused themselves.
MS. SONNABEND-I am not trying to pick on the Planning Board it was the quickest thing that
came to mind. Is there any other venue in which these kinds of disclosures are required to be made
or is it only when someone has a problem and there has been an ethics complaint?
COUNCILMAN CLEMENT S-Elected officials have to go through the New York State Board of
Elections. They have to tell them all of the contributions that they have.
MS. SONNABEND-Right, like political contributions. Okay, thank you.
COUNCILMAN IRISH-I saw Bob's look on his face, but as I understand it if we change what Billy
said about if there was an ethics complaint we still aren't required to fill that out correct?
SUPERVISOR STROUGH-The Ethics Board can require you to fill that out.
ATTORNEY HAFNER-They can require you to answer certain questions.
COUNCILMAN VANNESS-Okay that is what I am getting at.
ATTTORNEY HAFNER-That form is extremely broad.
COUNCILMAN VANNESS-I think that is what Kathy was just asking us. If there were to be a
complaint to the Ethics Board that if someone owned a piece of property contiguous to another
property.....
ATTORNEY HAFNER-They are entitled to find that information out.
COUNCILMAN VANNESS-Correct.
COUNCILMAN IRISH-But not fill out the complete form.
SUPERVISOR STROUGH-Our Ethics Code is seven (7) pages long here. It does talk about
conflict of interest. Collusion....that could be a conflict of interest, family members that could be a
conflict of interest, your interests, Municipal Officers and Employees the relationships. Then it
goes under standards of conduct in terms of gifts disclosing information when required to do so it
covers it many other ways.
TRAVIS WHITEHEAD-I don't think it is like putting out your 1040 Form. I think basically it says
within boxes five to ten thousand. It doesn't ask for specific names of bonds.
SUPERVISOR STROUGH-That is correct.
MR. WHITEHEAD-It is actually designed to be something that is pretty innocuous when you go
ahead and disclose that. I got too confused not too long ago and a little bit embarrassed when I was
talking to Mr. VanNess about who I thought was his son that worked here.
COUNCILMAN VANNESS-No reason to be embarrassed.
MR. WHITEHEAD-I think it would be good. Not everybody knows everybody. I think it would be
good to know my brother, my son, or my father works here. To have that there to say yes I have a
business interest with Mr. Valente or Mr. Schermerhorn it would be good to know. Sometimes
people think everybody knows that and other times....
SUPERVISOR STROUGH-Travis it does say that you or a family member that owns or investment
in any particular company over five thousand dollars ($5,000) you have to list it. Any trust that
you....
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 141
MR. WHITEHEAD-You are reading from what?
SUPERVISOR STROUGH-I am reading from the Disclosure Statement that the County does that
we are thinking about adopting if we go.
MR. WHITEHEAD-It sounds like a good thing.
SUPERVISOR STROUGH-I am not disagreeing with you. I don't know if it is a good thing for all
the people in that list four of(4) pages, see here are the options. Keep it the way it is saying all
these officials must be at least fifty(50)people that would have to fill out these disclosure forms.
MR. WHITEHEAD-Yeah.
SUPERVISOR STROUGH-Two or just the Elected Officials.
COUNCILMAN IRISH-Or three just John.
SUPERVISOR STROUGH-I already do one. You can go and foil that and see what I put down.
MR. WHITEHEAD-I tried to foil it and Mr. Auffredou would not let me see it to tell you the truth.
SUPERVISOR STROUGH-Really my disclosure form?
MR. WHITEHEAD-His. I asked for his actually he wouldn't let me see it.
SUPERVISOR STROUGH-Somebody just foiled mine and they are looking at it, how poor I am.
There are three (3) things we can do. Remove the whole disclosure thing. Keep it for Elected
Officials. Or keep it the way it is where all Town Officers have to fill this thing out. What do you
think?
MR. WHITEHEAD-I would definitely have it for Elected Officials in my opinion. I would think it
would be up to you to decide what the pros and cons would be. You may want to say something
like Mr. Brown who is often involved in these decisions should be one of the people that we
disclose. I don't think it is fair just to say the Elected Officials.
COUNCILMAN IRISH-I think you could put some criteria around it. If you are doing business or
if you have a financial interest that could be impacted any business you do within the Town. I mean
I have investments that don't have anything to do with the Town or any partners the Town does
business with. I quite honestly don't think it is any of your business who I do business with
financially. I am not interested in filling that out. I have no problem with language that says; if I
have business with Mr. O'Connor and he comes in front of the Town I need to let people know that.
I don't have any problem with that disclosing that on a form. To do it...for everything I own or my
wife has invested in, or my kids are invested in, I am not interested right now.
COUNCILMAN VANNESS-I know when I did it at the County it asked who had your mortgage.
What you owed on your mortgage. What credit cards you had. Granted it went to one (1) to five
(5,000) thousand. Five thousand (5,000) to ten thousand (10,000) it got pretty personal. When you
are looking at something for eighteen thousand ($18,000) a year and you are disclosing this out
there to everyone as far as to what you owe, and what you own, and what you are invested in some
of that stuff I don't think is a necessity. I do agree with you one hundred (100) percent that if you
are in a partnership with somebody that is looking to construct something somewhere or property
that is contiguous to somebody I agree one hundred (100) percent that you disclose that. As far as
the financial end of it, it is just like asking anybody else to disclose where your money is stored.
MR. WHITEHEAD-So then the question would be parts of it are good, parts of it are bad; you don't
want to throw away the whole thing.
COUNCILMAN VANNESS-Right.
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 142
MR. WHITEHEAD-I don't know if you could cherry pick it.
COUNCILMAN IRISH-I think we could probably leave the public hearing open and do something
with this then continue the public hearing.
ATTORNEY HAFNER-The Town Board at the end if they can leave the public hearing opened
ultimately you can either pass this Local Law or not. You can make only very minor changes. If
you make significant changes we have to re-notice the public hearing because it is significantly
different from what you are considering here today.
COUNCILMAN VANNESS-So what we would do is not pass this one.
ATTORNEY HAFNER-If you want you might want to decide at the end of the public hearing that
you want to go forward.
SUPERVISOR STROUGH-We will see.
ATTORNEY HAFNER-You can definitely revise it and come back, give another public hearing.
SUPERVISOR STROUGH-Board what is your thoughts?
COUNCILMAN VANNESS-Personally I don't mind revising it. Like I said, my financial interest
and my financial debts and everything else I don't think really should be out there or has to be out
there for anyone else to especially in today's day and age to know where we stand. As far as me
being a business...
ATTORNEY HAFNER-We can come up with a simpler form.
COUNCILMAN VANNESS-I don't have a problem with that. I don't mind revising it and offering
a simpler form as Bob said.
SUPERVISOR STROUGH-For Elected Officials or everybody or some people?
ATTORNEY HAFNER-It is very unusual to have it for the staff
COUNCILMAN VANNESS-I am fine with just Elected Officials. Personally, that's fine with me.
COUNCILMAN IRISH-I think it is covered with the Ethics Committee under Conflict of Interest.
If they want to call you in and say, John we need to know if you have any business with Mr.
Whitehead to have you fill it out I am in favor of removing it from the Ethics Law.
ATTORNEY HAFNER-Just to remind the Board. If you do have a conflict you have a duty to
disclose it and to not act.
COUNCILMAN VANNESS-Quite often I have.
ATTORNEY HAFNER-If there are questions we always recommend you be conservative and you
acknowledge it and recuse yourself.
SUPERVISOR STROUGH-Your thoughts.
COUNCILMAN CLEMENTS-I agree with Doug. I think that the Ethics Board can take care of
this. Also I know what I have done for the New York State Board of Elections and it is horrendous.
Any disclosure about working with anybody else or doing business with we do that anyway.
SUPERVISOR STROUGH-Are you ready to go ahead with this tonight or do you want to think
about it?
COUNCILMAN METIVIER-I want to revise it.
COUNCILMAN IRISH-Revise it or get rid of it?
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 143
COUNCILMAN METIVIER=Get rid of it. Understood that we are going to revise or come up with
language.
COUNCILMAN IRISH-My comment was that it is covered in the Ethics Board under the Conflict
of Interests. They can request you to give them a Disclosure Statement about a specific item today
so I said get rid of requirement to fill that out.
SUPERVISOR STROUGH-You are basically saying vote on this it is to your satisfaction now
getting rid of the Disclosure Statements for Town Officers and Officials.
COUNCILMAN METIVIER-Yes that is fine.
SUPERVISOR STROUGH-You are ready to vote on this tonight?
COUNCILMAN METIVIER-Yes I will vote on it as long as we have some safeguards in place.
Again, in all my time on this Board and the Planning Board it has never been an issue. We have
always, always been very transparent with every conflict we possibly could have. We have an
Ethics Committee in place so at least it is a step better than it was a year ago.
SUPERVISOR STROUGH-I think if the public did read the rest of the Ethics Code there would be
a comfort level knowing that this is covered anyway.
ATTORNEY HAFNER-General Municipal Law has the Ethics requirements of Municipal Officials
such as yourself.
SUPERVISOR STROUGH-Councilman VanNess would want to vote on this tonight?
COUNCILMAN VANNESS-Yep, I'm fine with it.
SUPERVISOR STROUGH-Anyone else from the public?
PUBLIC HEARING CLOSED
RESOLUTION ADOPTING LOCAL LAW NO. 8, OF 2015
AMENDING QUEENSBURY TOWN CODE §14-5
TO ELIMINATE REQUIREMENT FOR TOWN OFFICER TO SUBMIT
DISCLOSURE STATEMENT UPON APPOINTMENT
RESOLUTION NO.436,2015
INTRODUCED BY: Mr.Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
WHEREAS, New York State General Municipal Law §806 requires the governing body of each
Town to adopt a code of ethics that sets forth for the guidance of its officers and employees standards of
conduct reasonably expected of them, and
WHEREAS, General Municipal Law §812 sets forth the requirements by which elected officials
and certain officers and employees of local Municipalities are required to submit financial disclosure
statements, and
WHEREAS, General Municipal Law §812 provides an exception for Towns with a population
less than 50,000 from the requirement to submit disclosure statements, and
WHEREAS, the current disclosure requirements necessitate all Town officers and employees to
file a disclosure statement upon taking office and upon every change in circumstance, and
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 144
WHEREAS, absent a complaint of alleged unethical behavior the requirement to file a disclosure
statement b`-all Town officers is onerous and unnecessarily invades the privacy of Town employees, and
WHEREAS, the requirement to file a disclosure statement is not required by law and constrains
Town personnel efficiency by mandating the preparation of superfluous forms, and
WHEREAS, the Queensbury- Town Board now wishes to amend the Code of Ethics to eliminate
the unneeded filing of disclosure forms, and
WHEREAS, the Town Board duly held a Public Hearing on the proposed Local Law on Monday,
December 21St,2015 and heard all interested persons,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbury-Town Board hereby adopts Local Law No. 8, of 2015,and
BE IT FURTHER-
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file the Local
Law with the New York Secretan- of State in accordance with the provisions of the Municipal Home Rule
Law and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State.
Duly adopted this 21St day of December 2015,by the following vote:
AYES Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish
NOES Mr. VanNess
ABSENT: None
LOCAL LAW NO.: 8, OF 2015
A LOCAL LAW TO AMEND CHAPTER 14 "CODE OF ETHICS" OF
QUEENSBURY TOWN CODE
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS.
SECTION 1. PURPOSE. To encourage the Town officers, employees, and consultants to be
independent, impartial, objective, unbiased and responsible to the people of the Town of Queensbury,
the Town has adopted a Code of Ethics pursuant to the provisions of Article 18 of the General Municipal
Law. The Code serves the purposes of ensuring a high degree of moral conduct is obtained in order for
public confidence to be maintained without compromising the expeditious operation of the Town or the
private and personal matters of its officer and employees. Therefore, in furtherance of efficiency and
confidentiality,the removal of a Town officer's requirement to file a disclosure statement is warranted.
SECTION 2. AMENDMENT. Section 14-5(E) of the Queensbury Town Code is hereby
amended to read as follows:
(1) If any Town officer, employee or consultant has a potential or actual conflict of
interest in any matter which he or she encounters in the performance of his or her
official Town duties, he or she shall make known to all concerned parties the nature of
such conflict and shall refrain from voting or otherwise acting in the matter so as to
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 145
avoid an actual conflict. In all cases of potential or actual conflict, the Town Board shall
be made aware of the situation by the person in conflict. This disclosure shall be made
part of the official record and be on a form provided by the Town Clerk which shall
disclose the nature of the conflict. A copy of this filed form shall be kept in a separate
place by the Town Clerk for the public record.
(2) All T ovi oFF'icer S are r egair ed, within 39 days of taking effiee, " .ithi. 20 days of
Fespeet to any infeFFnatien FequiFed A-.n the cfvFesaid-disclosure statement, the paFt ,
FequoFed te file such -a stateffle.nt shall file -an -affle.nd-ed- state.ment Feflecting any such
change On ciFeumstances within 60 days free.m. the date theFeef-, unless Fequested by the
Beard of Et h i es-te de se s6e,Ter, i pW;;o c h ease-a,r amepa ed
the r st ate�e p rr -;hall ried
I- ri vri t iTrlB�uyS �� �Fe H2�t 9 �Su C��a .- to F -t kCTC q a Fed dFscivsvre
this-c rrapccT
(32) Elected Town officials shall disclose campaign contributions of$100 or more from a
person or entity who is specifically and significantly affected, positively or adversely, by
an action of the Town Board. Such disclosure requirement applies to contributions made
within the previous two years prior to the date of the relevant Town Board resolution
and shall be made through inclusion within the relevant Town Board resolution.
3. SEVERABILTY. The invalidity of any clause, sentence, paragraph or provision of this
Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
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.
5. EFFECTIVE DATE. This Local Law shall take effect upon filing in the office of the New
York State Secretary of State.
PUBLIC HEARING — CONSOLIDATION AGREEMENT FOR CONSOLIDATION OF
QUEENSBURY CONSOLIDATED WATER DISTRICT AND QUEENSBURY
CONSOLIDATED WATER DISTRICT EXTENSION NO. 50
PUBLICATION DATES: 11/27, 12/4, 12/11, 12/18/2015
SUPERVISOR STROUGH-Anybody from the public like to speak to the Consolidation Agreement
for Water District Extension No. 50? Basically it includes the properties in our proposed Exit 18
Zone?
PUBLIC HEARING OPENED
NO PUBLIC COMMENT
PUBLIC HEARING CLOSED
RESOLUTION APPROVING FINAL CONSOLIDATION AGREEMENT
FOR CONSOLIDATION OF QUEENSBURY CONSOLIDATED
WATER DISTRICT AND QUEENSBURY CONSOLIDATED
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 146
WATER DISTRICT EXTENSION NO. 50
RESOLUTION NO.: 437,2015
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, New York General Municipal Law Article 17-A authorizes water and sewer
districts to consolidate into combined districts if such combination "shall be conducive to the
public health, welfare, and convenience and be of special benefit to the lands of the districts,"
and
WHEREAS, the Queensbury Consolidated Water District ('QCWD") was duly
established by the Town Board and has been expanded by several extensions over the past 30
years, and
WHEREAS, occasionally, individual property owners outside the QCWD but with Town
water supply in the immediate vicinity have wished to receive water from the District and have
been purchasing water under contract with the Town as out-of-district users, and
WHEREAS, by Final Order dated November 2"d 2015, the Town Board established the
Exit 18 Overlay Water District Extension No. 50 to the QCWD to serve three (3) parcels not
within the Water District or wholly within such District, but where Town water service currently
exists to serve or benefit such properties ("QCWDX"), and
WHEREAS, water mains and fire hydrants currently exist to serve the three (3) parcels
proposed for inclusion in the QCWD and therefore, no new capital improvements are required,
and
WHEREAS, the Town Water Superintendent has studied whether it would be to the
mutual benefit, and in the best interests of the customers each serves, to combine the QCWD and
the QCWDX into one District, and determined that such a combination would create greater
operating efficiencies, provide better service to the public each serves, and generate cost savings
by avoiding duplication in administrative services, and
WHEREAS, New York General Municipal Law Article 17-A requires endorsement of a
Consolidation Agreement to commence proceedings to consolidate Districts, and
WHEREAS, Town Counsel and the Town Water Superintendent have prepared a
proposed Consolidation Agreement and provided it to the Town Board for its review, and
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 147
WHEREAS, the Town Board adopted a Resolution on November 2"d 2015 endorsing the
proposed Consolidation Agreement and scheduling a Public Hearing to hear public comments on
the proposed Consolidation Agreement, and
WHEREAS, after providing notice as required by General Municipal Law Article 17-A, the
Town Board conducted a Public Hearing on the proposed Consolidation Agreement on Monday,
December 21St, 2015, and the Town Board has considered the evidence given together with other
information, and
WHEREAS, the Town Board wishes to consolidate the QCWD and the QCWDX in accordance
with General Municipal Law Article 17-A,
NOW,THEREFORE, IT IS HEREBY
RESOLVED:
1. The Town Board hereby determines that consolidation of the QCWD and the QCWDX as
described in the Consolidation Plan would be conducive to the public health, welfare, and convenience and
be of special benefit to the lands of the Districts, approves the final Consolidation Agreement and
authorizes the Town Supervisor to execute the Consolidation Agreement in substantially the form
presented at this meeting.
2. The Town Board authorizes and directs the Town Supervisor, the Town Water
Superintendent and the Town Clerk to take all actions necessary to effectuate this Resolution and the
Consolidation Agreement.
Duly adopted this 21St day of December,2015 by the following vote:
AYES: Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess
NOES: None
ABSENT: None
PUBLIC HEARING — ON QUEENSBURY PARTNERS, LLC APPLICATION FOR
FOWLER SQUARE PLANNED UNIT DEVELOPMENT AND PROPOSED LOCAL LAW
OF 2015
PUBLICATION DATE: NOVEMBER 20,2015
ATTORNEY MATTHEW FULLER, MEYER AND FULLER REPRESENTING
QUEENSBURY PARTNERS, LLC MATT BROBSTON , LA GROUP AND PETER FAITH
FROM GPI
PRESENTATION MADE BY ATTORNEY FULLER REGARDING PROPOSED PUD
SUPERVISOR STROUGH-I am going to open the public hearing. Does the applicant or the agents
of the applicant have anything in addition right now; I will open the public hearing.
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 148
DOUG AUER, 16 OAKWOOD DRIVE-Before, I start, I want to correct something that Mr. Fuller
said. The sewer line that was put in by Queensbury Partners as Chris Harrington correctly stated
was to Ten State Standards. It was put in as a twelve (12) inch line it had to be a twelve (12) inch
line because of the pitch of this thing was so shallow you needed to have twelve (12) inch line is
what the Ten State Standard dictates. When he said that we put in a larger line that is not true it had
to be put in. That would work....for a hundred (100) or maybe even five hundred (500); I don't
know who knows what the capacity is. The reality is there is no additional cost allocated for that
because you couldn't build it unless you met the Ten State Standard. That is a specious argument to
say, well we were generous. When we did the Map, Plan, and Report in 2002 we put in additional
capacity for Bay Road. I am going to read my statement okay. I am the only one in the room here I
don't see anyone else that was involved in 2001 was intimately involved in the design of this thing.
I spent quite a bit of time talking to residents on Bay Road up and down Bay Road about this. I
would like to remind everyone that this discussion about sewer capacity and related problems was
caused by the setback code change which increased dramatically the potential for apartments along
the Bay Road corridor. This code change, approved by a previous Board, was not demanded by the
Queensbury citizens but by the persistent and insistence of one large developer who had an
approved professional office subdivision plan. But they wanted to convert to a dense residential
plan and this person happened to be politically connected, I have to say that. When they realized the
2002 Bay Road sewer plan would dramatically increase the value of their undeveloped property,
they pushed for the setback change without any concern to the impact on existing Bay Road
property owners, mostly with septic systems. These property owners had been assured by me and
by a bunch of other folks the Town Board...that the future availability of sewer when the Town
insisted on nearly tripling the project design and paid for that extra capacity, to be reimbursed by
those property connected. They said to us because we needed sewer, us was Rich Schermerhorn at
the time, build in extra capacity because we could put in a much smaller line that what we needed.
So we really did do what was necessary for the rest of the folks on Bay Road. We said, how much
do we add to this. They said look at the code. You all heard me say this before look at the code and
determine what you need to be able to handle those additional properties and we did that we came
up with the numbers. My point is that in 2002 sewer plan would have stood the test of time without
the setback change from one thousand (1,000) feet......made that code change happen. It is not fair
by any logic that those Bay Road property owners and this is...what I am concerned with here
because I have no dog in this fight other than this. It is not fair by any logic that those Bay Road
property owners should be any more financially burdened than for the original prorated monies
fronted by the Town, which was about seventy six thousand ($76,000) dollars. The now necessary
upgrades should be paid only by the developers who benefited from the setback change. Now we
get to the specificity of this there are things that have surfaced. I had discussion with Chris
Harrington, Brian and I was there. I had some questions for Chris; Chris answered them to as best
he could. In looking at this thing a second time basically verifying I discovered that there are some
inconsistencies. There are a few problems with the potential build out of Bay Road, which is really
what we are talking about here. The problem is that I think there may be more money associated
with these upgrades than necessary then what is being talked about. John spoke about specifically
the thirty thousand ($30,000) dollar amount. I don't know that it is correct I think it is going to be
quite a bit higher than that. Also because there is another player in this, Rich Schermerhorn who
benefited by the change from a thousand (1,000) feet to three hundred (300) feet he immediately
jumped on that, which he is a good businessman, he did that built the buildings. The problem is that
this capacity, which was specifically stated to be for the rest of Bay Road, which needs sewer. The
soils up there stink. They are not good, they are problematic. Everybody that has common septic
systems has had problems you know that over here with Surrey Fields with the problems that they
had big time. Whatever the dollar amount is and I'm going to be honest like white on rice believe
me. Whatever the dollar amount is to adequately make the 2002 Map, Plan, and Report hold so that
these other folks will at some point in time have the opportunity when it becomes necessary and it
will become necessary to hookup that there is sewer capacity for these folks. This can be done, I
don't believe it is far that these folks should be burdened any more than what's in the original Map,
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Plan, and Report. Of course, the sewer buy in to the City that may change as time goes on. That
seventy six thousand dollars ($76,000) they shouldn't burdened anything beyond that. There could
very well be some cost associated with Cronin Road. I will bow to Chris's superior knowledge on
this that could be extremely expensive millions of dollars perhaps or a million dollars. Obviously
people can't afford that as small as this district is. Again, I come down to this. This happened
because we put a sewer in for Bay Road. Then all of a sudden the developer realized, hey if I hook
up to the sewer I can build humongous here and gobble up all the rest of the capacity that is what
this is all about. This mumbo jumbo about we put this extra capacity in it just doesn't wash. They
had to put in a twelve (12) inch line, which went down to an eight (8) inch line for technical reasons
I won't bother getting into. It suffices to say that was necessary, as I said before one (1) toilet or a
thousand (1,000) toilets so that is my concern. I want to make sure that what you guys do insures
that they have to pay the freight because they are benefiting hugely by this. You can do the math
simple twenty (20) commercial pieces of property verses a hundred forty (140) apartments or
whatever it is, I don't even know what the number is it is way huge. There is a significant increase
in the probability of that project. They should pay the freight on that whatever it is. We ran the
gravity line a little further up Bay Road to Virginia Mulders house. We didn't have to do that we
could have put the force main to run all the way down to the point of service, which is in front of the
Dance Studio. I think there is eight hundred (800) feet something like that. There is eight hundred
(800) feet of sewer that we put in in addition for those couple of houses along there. There are some
other things that will bear on the expense. Where Chris wants to put the crossing of Bay Road,
which is necessary. There needs to be some investigation of depth to rock. If there is rock there the
cost associated with putting that crossing could become substantially more than what we are
thinking if it was just a dirt type of an excavation. This is kind of technical, but technical is what the
County got into with a real mess with Siemens. Somebody has to pay attention to this stuff. Travis
is paying attention to this stuff. I was a little asleep at the switch when this code change happened.
John knows the full story on this. There were all kinds of arm twisting going on let's not kid
anybody about this. The money interests around this place stinks, okay. These guys think they can
run rough shot over everybody. Nobody is going to run rough shot over me especially when I know
what the facts are. It isn't going to happen. I will be around until the cows come home fighting this
so thank you.
KATHLEEN SONNABEND, CEDAR COURT-I got a couple of quick responses to Matt Fuller's
presentation; when he talks about putting in the right turn lane at the inception of the project. If he
means that they can go ahead and do grading, prep work that is fine. I don't want to see any
foundations or any kind of construction actually begin until that right turn lane is in place. That was
the deal they made originally.
COUNCILMAN IRISH-I think that is what Matt said.
MS. SONNABEND-So that is what they mean by inception. I just want to make sure that legally
that was really clear, okay. Initially the Planning Board did talk about having a left turn lane put in
there. I remember clearly the night when the Planning Board made a certain approval when Paul
Schonewolf read the resolution he started to say left turn and then corrected himself and said right
turn. So there was no chance for anybody in the public to say, wait a minute...hopefully not our
problem with that intersection. I think Bill you came up with the idea of a left turn signal, which I
think is terrific. I think if I understand it correctly it is like what Glenwood Avenue does when it is
heading south and meets with Quaker Road. That seems to work very well and I think that would
work for this intersection, too. That has to be done because the right turn lane isn't going to make a
lot of difference. It will help maybe when ACC students are coming from the Northway from up
north. I go by that intersection a lot. Usually there are at least half the cars are trying to turn left
onto Bay Road, but most of the rest are trying to go straight through, so it does get backed up. The
timing change that they did for us was great, it helped. It is not going to be enough once this project
is built as traffic continues to increase. I don't understand why it is an engineering problem. It is not
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on Glenwood Avenue and Quaker Road so I would like to see that part of the approval, too. The
comment about the County not having a problem with that intersection actually the County
Planning Board did at earlier.... Then the County Planning Board was disbanded and County Staff
just says; well we will let Queensbury decide, I think that left turn signal really is important. I
thanked you guys before about having that sewer study done that was huge. Doug and I have been
saying for some time that there was a sewer issue. Nobody believed us. When the MJ Report came
out in July of 2015 it acknowledged that the current gallon per minute capacity of the Williowbrook
Pump Station was three hundred and thirty three (333), that they could upgrade it to four hundred
and twenty gallons (425) per minute. A build out at three hundred (300) feet the current zoning at
the time would require five hundred and sixty nine (569) gallons per minute. Clearly there was a
capacity problem. At the end of that Workshop Meeting I remember clearly being pleased when
the Town Board agreed M&J was there, too. That the next step would be for the Town to work
with M&J and figure out, okay three hundred(3 00) feet doesn't work for us .What do we have to do
to change the zoning code so that it does work and we don't exceed the four hundred and twenty
five (425) gallons per minute that we can upgrade the system to. Apparently that never happened
when you made the change to six hundred (600) feet. It wasn't with any input from M&J so we
really don't know. Maybe it will work, maybe it won't. My contention is you have a public health
responsibility. That is no way to plan a sewer system. We really do need to work with M&J. Like
you said you were going to do in July to find out what really needs to change. Then, I went back
and looked at the report more carefully. I noticed in Table 3, which is supposed to be in the future
need of existing properties. Those properties that were included in the 2002 Map, Plan, and Report.
The original design of the Willowbrook Pump Station what would they need. I went through that
list. It was hard to do because the original 2002 Map, Plan, and Report described the properties that
we are talking about. The Table 3 in this MJ Report has addresses on it. I don't know what
addresses the Baywood Office is. I went through the website for the Town the Property Locator and
figured out all those addresses. I was surprised to realize that they were missing quite a few of these
existing properties that were in the 2002 Map, Plan, and Report when the Town purchased the
additional capacity. They were also missing from their own 2006 Map, Plan, and Report when they
extended the sewer line. They included some pretty significant properties. Like all of the
Hunterbrook Apartments and Office and most of the Baywood Professional Offices totaling about
thirty thousand (30,000) gallons per day, which is at least twenty five thousand (25,000). It is
between twenty five (25) and thirty (30) thousand. The amount of capacity that this Fowler Square
Project needs is about thirty seven thousand (37,000) gallons per day. They were approved for
twelve thousand (12,000) in that Map, Plan, and Report because they did that Map, Plan and Report
based upon their professional office plans that had been approved years before not on Fowler
Square. The amount of extra capacity that they need is roughly equivalent to the amount of capacity
for existing properties that was missing from the MJ Report, I am not sure why. Even more
alarming was the next two tables, Tables 6 and 7, which covered the build out needs. This would be
all the properties that are currently vacant or could be redeveloped with a lot more intensity like the
Marshal property. The Marshal property was in the appendix and it showed how much it needed,
but it clearly doesn't show up in Table 6 and 7. Those are the tables where they came up with the
five hundred and sixty nine (569) maximum build out number. It wasn't included in those tables. I
know it for a fact because of Appendix J it says that the amount of capacity that the Marshal
property alone would need was more than double the build out number for the entire area that would
be built out so something is wrong. I don't know whether they made a decimal point mistake with
the Marshal property. Whether they made a mistake and didn't include it at all because the Marshal
property has a County Club Road address even though half of it is in the Office Zone extending
down Bay Road. We don't even know if their maximum build out number at three hundred (300)
feet is accurate. I am not an Engineer, but I am a financial person that is used to looking at projects.
I can look at their analysis and I can tell you that there is something wrong with the analysis. It
doesn't correspond with the numbers that they came up with so this really needs to be clarified. I
could be wrong it could be that six hundred (600) feet will solve the problem. You have no
confidence of that based upon what we are seeing in the sewer study, even more concerning to me is
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this. If six hundred (600) feet or whatever the setback number is is the solution to the sewer
capacity problem you have to make sure that everybody understands that is the Planning Board,
Zoning Board, Director of Planning and Development, Town Counsel, everybody understands that
the acreage in those first feet cannot be included in the density calculation. Otherwise it doesn't
matter where you put that number. If you allow them to use all the otherwise it doesn't matter
where you put that number. If you allow them to use all the buildable land from Bay Road out for
their density calculation all it does it move the apartments from along Bay Road to beyond six
hundred (600) feet, but in a really dense situation probably like Cottage Hill. I don't know about
you, but I don't want to see anymore Cottage Hill's in Queensbury so again there is an issue here.
We have to make sure that by changing the code to six hundred (600) feet or whatever that number
is that is really does solve the capacity problem and it is clear to everyone that they cannot finagle
around it. The next problem I have is PUD. I raise this issue the night that you voted on that
resolution, but I really didn't understand it very well. I realize that a PUD means that you don't
have to follow all the code that you can make a lot of changes that makes sense for that particular
property. If six hundred (600) feet or whatever that setback is makes sense to solve the sewer
capacity problem then the calculation for the density of apartments on Fowler Square should also
exclude the first six hundred (600) feet of acreage. Otherwise you haven't really solved the sewer
problem. If you are telling me you solved it by letting Fowler Square do what they want and
everybody else has to be subject to six hundred (600) feet you just spot zoned. You have taken
away the rights of other property owners just to help one particular property own so whatever the
solution is for the sewer if needs to be applied in terms of density calculation. I have a map this one
is badly outdated. I talked to Laura Moore I thought that she agreed that the backend of the property
hadn't changed. In looking carefully at their maps it has changed a little bit, but not significantly. I
am going to put this up so you can see the difference where six hundred (600) feet is how much
fewer apartments they really should be able to build on that property. The reason I choose this map
is because the colors make it really easy to see from a distance where you see all this green and the
blue that is either wetlands or very steep slopes that are not buildable. This is Blind Rock there is
Bay. If you move that six hundred (600) feet you are roughly about here, which means these...
buildings, maybe one more looking at their configuration that can be built and should be included in
the density calculation for the number of apartments. That is roughly forty six (46) maybe fifty (50)
not a hundred and forty two (142). I realize that Fowler Square isn't the only reason that we have a
capacity problem. As was pointed out earlier Rich Schermerhorn was very quick to jump and take
advantage of the change in the code. Instead of building more professional offices behind his
medical office buildings on Bay Road he built more apartments. Cottage Hill that property wasn't
even part of the original plan. No one ever anticipated that would be going into the Willowbrook
Pump Station. The cost of these upgrades really should be borne by the developers they are getting
the extra residential development the extra capacity. Between the two of them they should be
paying for the cost of these upgrades and it is not just the pump station. By the way the upgrade of
the pump station is not just thirty thousand($30,000) dollars. If you look at Appendix J of the M&J
Report there are a lot of different categories here. Under pump station upgrades they have the
bypass pumping, Willowbrook Pump Station upgrades, and the standby emergency generator that is
all part of the Willowbrook upgrade. Those numbers are forty seven thousand four hundred dollars
($47,400) plus you have all the miscellaneous categories on here. You have maintenance and
protection of traffic. Construction bonds and insurance. Design contingency. Engineering
construction. Legal fiscal administrative. Permit allowance. Site restoration. Some of this may be
more specifically associated with the type pipe that is also part of the upgrade, but not all of it some
of it applies to Willowbrook, too. We're talking about a lot more than just thirty ($30,000) dollars
for that cost. I think it was already mentioned the new pipe crossing that is needed south of
Willowbrook requires investigation for subsurface rock before a good cost estimate can really be
identified. From, what I understand from Chris Harrington is that it isn't difficult to do. We could
hire a Company who has the right kind of equipment to investigate that it could be done pretty
quickly. Just in general, I have a real problem with the number two (2) building along Bay Road at
the corner. That concept having retail then above that apartments is a great concept to Cities in big
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Cities like New York, Chicago, Albany, even downtown Saratoga. Where that concept has been
used in Malta and more rural Saratoga those buildings have been mostly empty. The downstairs
part has been mostly empty for almost a decade now. It is not going to work in Saratoga or Malta
where there is a lot more activity than here. I don't know why we think it is going to work on Bay
Road. Those buildings are three(3) stories plus because they want to hide the HVAC. There are no
other three (3) story buildings currently that close to Bay Road. You've got the ACC Student
Housing, which isn't subject to our Zoning Code anyway, but it is set way back so it is really not
something that is imposing to people traveling down Bay Road. This is going to be very close. It
would be one thing if it was a City, if it was a City environment where you had sidewalks going
everyplace. Fowler Square will have sidewalks, but they are going to go to no place because there
are no other sidewalks nearby. When you think about Bay Road where you have a lot of water you
can't even put in sidewalks all the way down Bay Road anyway. Who is going to do that. This is not
something that is going to change probably in our lifetimes so why are we doing this. Bay Road is a
beautiful stretch. We have these Professional Offices that are in a residential feel. I, remember you
talking about that John in 2004 the way it was described. One of our previous Planning Directors, I
forget his name now came out with an idea of how to create more of a Boulevard down Bay Road.
Everybody really liked the idea that we have trees and this wasn't like a congested City. When you
have that kind of construction with sidewalks it works when you have other sidewalks or when you
have public transportation like subways it works great. We are never going to have subways here.
We really depend on cars. The more congested you make it the more difficult it is going to be for all
of us just to get around and enjoy our life here. I kind of laugh at myself sometimes because I lived
in Chicago and New York. The traffic is horrendous compared to here. I could get out and walk. I
could take the subway. The traffic really wasn't a problem for me. Here when we have more and
more traffic it is a problem. It really detracts from the quality of life in this Town. I don't know
whether not being an Engineer I don't whether this is necessarily a good idea. It seems to me that it
would make sense to move the curb cut on Bay Road to the southern end of the property. To get
ACC to move their entrance to the parking to the north side of that building because someday we
are going to a traffic light properly there. I am not even sure we should have the one curb cut per
cut on Blind Rock is going to be emergency only. The one that is closet to Bay Road is awfully
close. As it is right now I know for the Currie's coming out of their Office trying to turn left onto
Bay Road it is almost impossible now. Once we have traffic coming out of Fowler Square that is
going to be more and more of a problem. It is not like they can just go around the block. They have
to go way out of their way to try and get to that particular intersection so I think it really needs to be
rethought. I hope that this Board will take seriously the sewer issue and postpone making a decision
until you can figure out with the help of M&J what kind of setback really makes sense and apply it
fairly to everybody. This has to be part of the density calculation. Then if you decide to go ahead
and allow them more density you got to definitely between them and Schermerhorn they should be
paying for the upgrade not the rest of the population. Most of them do not have the wherewithal to
pay those big bills anyways. Thank you.
SUPERVISOR STROUGH-Anybody else from the public.
TRAVIS WHITEHEAD, QUEENSBURY-A question to the board. A hundred and forty two
residential (142) units how many square feet is that? Building 2 the commercial space as I
understand....how many square feet is that building?
UNKNOWN-It is like sixty seven thousand five hundred (67,500). In Building 3, 4, and 5, 6, 7, 8,
9, 10, and 11 combined. Building 3 through 11 sixty seven thousand five hundred(67,500).
MR. WHITEHEAD-Building 2?
UNKNOWN-Building 2 is thirty eight thousand (38,000) square foot I don't know that it is broken
down that way.
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SUPERVISOR STROUGH-Commercial density fifty six thousand one hundred and eighty(56,180)
that is total.
MR. WHITEHEAD-It seems like Building 1, no one is thinking.....
COUNCILMAN IRISH-That one is twenty four thousand(24,000) for that one.
MR. WHITEHEAD-We are looking at roughly less than a third commercial more than two thirds
residential. My comment is if we were talking about a commercial project tonight we wouldn't be
here because basically it would be already approved. The reason why that is that is the Town of
Queensbury decided that this corridor would best be used because of the limited sewer capacity for
commercial square footage. In commercial people aren't taking baths; they aren't doing laundry.
They generally do their business elsewhere when they are at these places. You can get a lot more
tax paying structures in there in an area that we know to be very limited on sewer capacity. I think
that drives this whole thing that Kathleen was talking about is pushing these things back six hundred
(600) feet discourages residential. If we were talking about commercial project tonight we'd
approve it with no problem. If we were talking about a residential project tonight we've already
talked about a residential project tonight we were told that would not be approved. To use a term
Mr. Fuller brought out earlier created someone has gotten creative to come up with this mixed
commercial residential, which turns out to be maybe twenty five (25) percent commercial and
seventy five (75) percent residential call it a PUD and see it we can get it passed so that is where we
are tonight. I just think that they are more creative than should be allowed. You should go back to
your original thoughts that this corridor is best used for commercial and stay the course. Thank you.
SUPERVISOR STROUGH-Any other member of the public wish to speak to this proposal.
KEN MATTISON, QUEENSBURY-I spoke to the Board in the past mainly about my concern for
the project. I spoke with Brian Clements regarding our concerns for the project. I was involved in
the Planning process with other Towns in the Adirondacks. I am just concerned that this project has
gone way beyond the scope of what was originally intended for the Bay Road corridor. With the
amount of residential involved it is just what I feel is a way of scale to what should be built on Bay
Road what's happening on the corner right now. To see a large commercial building on that corner
just seems so out of scale out of content. I want to reiterate what Kathleen said. I think that it is very
important that this project gets studied further with what she brought up was some of the points
especially the sewer and the density. My only other concern is I live on Blind Rock Road so this
project is going to impact me personally. I am extremely concerned about the traffic. The traffic on
the road right now is twenty (20) times what it was when we bought our house. That is kind of a
personal concern. I was concerned about if this project goes ahead is there some way to control the
construction trucks from traffic on Blind Rock Road. Right now there is a four way stop sign right
by my house. Construction vehicles come to a grinding halt there, I can feel my whole house shake.
I wonder if there is some way that you can control that and put the construction traffic down Bay
Road. I guess my overall concern is with the scope and size of the project. I realize that developers
have the right to build, but I think it needs to be scaled way back. Thank you.
SUPERVISOR STROUGH-Anyone else from the public that would like to speak to this project,
seeing none, Town Board thoughts. Would the applicant and the applicant agent please come
forward? Before I do Town Board thoughts do you want to speak to any of the items that were
brought up Matt?
ATTORNEY FULLER-If I could just briefly John. I don't want to take up a lot of time here. Mr.
Whitehead comments and some of the comments that came up we would have to go back to how
this process started. When I first came on it has to be about eight (8) years ago maybe we were
tasked with a proposal that met prior complaints. We came in with a project, I went through years
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of minutes before I was retained and put together a list of all those complaints. We put in an
application to the Planning Board that addressed every one of those complaints. At the first meeting
the Planning Board said that is not really what we are thinking. We have an opportunity to do
something with this client. The initial proposal if you remember was leave it subdivided office lots
along Bay and build Apartments out back beyond three hundred (300). That first meeting the
Planning Board said was that is not what we're looking for. Yeah, you've done it. I think, I
submitted those minutes you've addressed all those complaints from the past, but this isn't what
we're thinking. We have an opportunity to do something with this corner. This...a different corner
the Town Hall is across the street come back to us with a proposal a Village like feel. That was
their words, a Village like feel. We did it and actually that first plan that Ms. Sonnabend had up
there was the first iteration that we brought back to the Planning Board that was the first proposal.
Coming back after the first, the first to address their comment of make it a Village like feel. That
corner building looked a little different. That didn't work. The Planning Board said again, a little bit
more Village keep working with that theme. Then we went out and said okay we are going to this
number drive these projects. The projects that they are saying aren't successful in Malta. They are.
Are they at a hundred (100) percent of capacity, no they are not, but what has driven those projects,
people? The residential drove those projects particularly.....have driven the..... We came back to
the Planning Board as we started to get into that project, I am the one that started adding up the
variances. I remember going to Craig and saying, hey I am a little worried here. These variances
we're okay going down this path of the Planning Board. I have been to the Zoning Board enough
times. I got a good idea of the personalities that were on the board at that time. I don't think that
this many variances are going to fly. Craig could you give us your determination based on the
density. on what we are allowed so that we can have this discussion with the Planning Board. We
mounted some variances here. The number was made. I wanted to have a test with the ZBA to say,
what are you guys and gals thinking about this project. It is the first time that you have seen it. It
has been through a bunch of planning; rightfully so the Zoning Board said what are you doing. We
don't agree with the Planning Board. We don't know what they are talking about. You have to come
up with a better plan. At that time John remembers if you remember we were actually heading down
the path of petitioning a Planned Unit Development at that time. If you were on a different Board it
might even been your suggestion.
COUNCILMAN CLEMENTS-That is right.
ATTORNEY FULLER-People want to talk about the politics of the day for those reasons that
didn't happen. They said no, put together this Joint Committee. You work with the Zoning Board
and the Planning Board, a couple members of the Town Board. John was on that, have a public
forum. We rented out this place at our expense on a Saturday to have a public forum, get those
ideas, put together the joint meeting between the two Boards after that and come up with a plan.
Whittle down these variances come up with a plan that will work to accomplish the Planning Board
desire for that Village type feel. Frankly, rightfully so among the variances the Zoning Board had a
problem with and make the project economically viable. Nobody wants a project out there; you can
put all the sewer costs make everybody build the buildings right out of the gate. Put all the traffic
costs; you can put all that on it. If you make a project that's not viable that is the goal that's the
comments you are getting is put it all on, make it not viable. Everybody knows with every kind of
project there is a breaking point. We didn't we went through a long... process. We went through
sewer. We went through traffic. We went through SEQRA. Those weren't lip service reviews.
Those were multiple months of reviews with the Planning Board to get the project where it was.
This isn't to take Mr. Whitehead's term a developer who has gotten over creative. This is a
developer that do we do it willingly? Yeah, we walked down the path of the Planning Board,
Zoning Board and the Town. To come up with something that is allowed by law. A Planned Unit
Development to address going from one forty two (142), which has been Ms. Sonnabend's battle for
a long time to try and drive down the residential number. You guys know that the Article 12 as well
as I do there are density bonuses in there that we could have applied for. I looked at them, we are
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not doing that. We are not coming here asking you to reward us with density bonuses for the
process that we went through. A hundred and forty two (142) units on that property; do you know
what is across the street, I think is reasonable. It is a reasonable balance of the project. That's what
the Town has done. I think going through all the comments the contribution to the sewer. The buy-
in we are going to pay. The rec fees we are going to pay. We have done our part to address those
comments and concerns to come up with a project that is viable. That is what is here tonight. I think
a Planned Unit Development Mr. Clements would probably agree from the gate is probably the
route we should have gone years ago. We didn't but we find ourselves here tonight with that
opportunity again. Frankly, we have done a good job. I think it is something that works. We are
not going to please everybody we know. We got a vocal minority we have been fighting with for a
long time. I think even to see how their comments have even changed over the years that had led us
to here we are not ever going to please some people. We passed the test. We can't do it again. The
PUD that we created works at that corner.
SUPERVISOR STROUGH-Town Board thoughts.
COUNCILMAN VANNESS-Two thirty this afternoon, I apologize I am looking at my phone that
is where I kept my notes today. I spoke with Chris Harrington our Administrator for our sewer and
water, Chris is a P.E. Engineer. I had two questions that I put there for him that I had concerns that
M&J when, I first joined this Board one of the first thing we did was have our own Independent
Study done on Bay Road. We had heard so many stories that this entire Board had heard numerous
stories. Tony had been on. John had been on. Brian had been on. We just want for our own good
we wanted our Independent Study done. We put it out to bid, M&J came in did a great job with it,
worked hard on it. I am a lay person. I am not an engineer. I am not a rocket scientist. I am not a
mathematician. I wanted it in layman's terms. Put it in layman's terms for me. Tell me what we are
looking at, what we are seeing. Today,just to firm up I spoke with Chris who is a P.E. Engineer and
I said to Chris I have two simple questions for you. One are you satisfied with the Independent
M&J Study that there is enough capacity for Fowler Square and his answer to me was yes. Two are
you satisfied with the thirty thousand dollar ($30,000) Fowler Square escrow and he said yes. As
we spoke about it and we spoke about the updating that needs to be done on the Pump Stations and
everything else and the lines coming across and everything else. I looked at the M&J Study again it
was a little over almost a hundred and twenty one thousand($121,000) dollars to do the upgrades of
Willowbrook and the upgrades on Bay Road. He said with the future construction that is going to
come and we know there is going to be future construction. That is something that we have to
control as a Town Board. When it comes in as a PUD we need to work with our Planning Board,
we need to work with our Zoning Board we have to learn to control it. I said to these gentlemen
when we first talking about this we need to stand up and I won't use the exact terms that I used
when I was with them as a group. We have to be able to say as some point in time no it is not going
to work there we don't have the sewer capacity, we can't do it, it's not going to work. So, at that
point in time we're going to have to stand up and say.... When I talked about the thirty thousand
dollars ($30,000) Chris was content with that to the point that future development will bring in
thirty thousand ($30,000) dollars. When the other buy-ins come in they are going to bring it in it is
going to be over a hundred and fifty thousand dollars ($150,000) that the Town will receive back.
Once it is all over and said and done that is thirty thousand dollars ($30,000) above and beyond
what the hundred and twenty one thousand ($121,000) upgrades that are going to be needed. I
agree that the upgrades need to be done sooner than later we want to make sure that we are there. I
agree that we do have to talk to M&J to find out what our maximum capacity is at six hundred(600)
feet are. Having said that as a man that leads our department and know a lot about the sewer a lot
more than I do about it I am content with what Chris has said to us. Is that he is fine we the
arrangements that have been made here.
COUNCILMAN CLEMENTS-I wrote something up here, but I also have written some notes as we
have been going along here. As Matt said, I have been involved with this project for many years
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 156
now both as a member of the Zoning Board and on the Town Board. I remember with those twenty
two (22)variance came in there and what was going on with the Zoning Board. So, I kind of have a
unique outlook on this project. I was in favor of the Planned Unit Development many years ago,.as
it would consist of public hearings with input from people like we heard tonight and on other
occasions. I have been listening to many of those residents and although I believe this project
should proceed I do want to make sure that we have done our due diligence by measuring all the
possible known factors like the sewer capacity. There are a couple of things I would like to clear
up. One is the Marshal Property and whether that was in the tables. The cost involved in doing
upgrades to the sewer system. The other things that I have been talking about were the sequence
and timing and the construction I think that has been taken care of The timing of the building of
traffic lanes that looks like that has been taken care of I had another questions about the availability
for future traffic lanes for a round-a-bout if things get built up. I like to hear something about that.
Then, I would also like to hear from Chris about the Marshal Property if he knows about that and
whether that was in those tables. To get the answers to those questions I think we need a little more
time. I would like to say we could take care of those before the next meeting of January l Ith
SUPERVISOR STROUGH=Thank you.
COUNCILMAN METIVIER-I don't know if I have anything to add. We could drag this out for the
rest of our lives and just die. I think at some point we need to rip this Band-Aid let this poor people
do what they want to do. This has gone on too long. We could review this for the rest of our lives
and question whether we are right, wrong, or indifferent. Chris Harrington says the sewer can
support the project. We will deal with the other stuff as we move along this at some point has got to
come to an end.
COUNCILMAN IRISH-I have some concerns somewhere to Brian's. I understand certainly the
developer's frustration here over the last hundred and fifty (150) years here with this property it is
going to go on forever. I think I don't know if I agree with Tony that it would take forever to get
the answers that we are looking for.
COUNCILMAN METIVIER-Not these answers, but then there will the next set of questions, and
the next set of questions. It will go on forever it is never going to stop.
COUNCILMAN IRISH-My concerns are similar to what Brian has. There are just a couple of
things that I would like to have answered along the lines, not necessarily capacity, I think Chris
satisfied me with whether or not there was enough capacity on the line. The future infrastructure
upgrades I like to know more about that and how it is impacted specifically by this project. I am
concerned with Schermerhorn's project, but I am not going to hold that against this project. I think
that has some bearing on what going on, on Bay Road. I think there is probably some responsibility
on his end and Valente at some point for what they are doing. I think my other concern and I asked
for this before we voted on adding PUD to the zone change or to the zone here as a use. That was
more the fact that this an office zone that we are zoning an allowable PUD in. My concern would
be to have more office density there. I was told at the time that we could take care of that after we
put this into place and that didn't happen. I am probably more concerned with the fact that building
number one there is no time table to build that. I understand the developer's intent to build it when
demand requires it or at least looks like there is some demand for it. Again, I go back to the
underlying zone that I am looking to take care of here as the office zone. I think those are the
concerns that I have. I think if we could come to an agreement with a time table for that it doesn't
have to be tomorrow. It doesn't have to be next week. I just don't want it to be ten (10) or fifteen
(15) years down the road. I don't know if there is some kind of agreement we could get there for
that. I would like to get the answers that Brian is looking for. I agree with Kathleen that we did ask
for M&J to do they were at the table so they could have it within two weeks to tell us what impact
that would be and we never did get that information from them. I would like to know what that says
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 157
and it may be a moot point as far as the other questions that we had about infrastructure
improvements, or cost of improvements, those types of things, those are my only concerns.
SUPERVISOR STROUGH-Thank you.
COUNCILMAN IRISH-I would also agree with Brian. I think we could get that in the next two
weeks before our meeting.
SUPERVISOR STROUGH-We have been reviewing this project for five (5) years, six (6) years,
this is not new tonight, and I want the public to know. We have been looking at this. We have been
studying this. We have done a sewer study of Bay Road. We did a study of the sewer study. We
did a study of that sewer study. We did a study of the sewer study. We can keep doing sewer
studies. All of them pointed and said the sewer is fine. You might need some upgrades down the
road. Queensbury Partners has volunteered to put thirty thousand ($30,000) dollars towards those
upgrades. Even though they have invested I think eight or nine hundred thousand ($800,000 or
$900,00) dollars including the sewer line up here that will not only take care of them it will take
care of others. The project originally proposed didn't need any variances. Our Planning Board the
Towns Planning Board, said come up with something more dynamic, more imaginative, more
mixed us, more contemporary so Queensbury Partners went to the drawing table and they did it.
We sat down with the Zoning Board, the Planning Board, the Town Board sat down and hammered
this out I think it was three (3) or four (4) years ago. Then it has gone between the Planning Board
and the Zoning Board and it has gotten the approvals there. It then was challenged in Court, Use
Variance verses Area Variance. Then we did take a look at Bay Road, alright we do want to
encourage commercial. We did put a six hundred (600) foot setback. No one can tell you what is
going to be the ultimate capacity requirement for Bay Road because nobody knows how it is going
to develop. We know this and this was included in the study this was included in all of the studies
this project is fine. The thirty thousand ($30,000) dollars that they volunteered to put in for the
upgrades and somebody said, well the upgrades for Meadowbrook is going to be forty two (42).
Well you know what all the users on Bay Road go through Meadowbrook Station it is not just them
so everyone is going to contribute to that. Some people want to kill this by trying to put the onus on
them for everything that is not fair. What we do have is a project the Planning Board wanted
something dynamic, something Village like, something coordinated. I think it is going to be a good
project I, think it is going to be a project that the Town is proud of The owners of Malta haven't
been able; you know what it was in the Albany Business Review. The owner of Malta had a Real
Estate Agency that was nationwide dealt with chains and couldn't find anybody committed. He
fired that Real Estate Agency. He hired a local one that looks at hiring entrepreneurs and
independent people and the stores are filling up now so sometimes it was just a matter of approach.
The original concept I think was fine. This concept I think is fine. If you go through Article 12 and
see what is required for a PUD in our Town Code this fits it to the tee. Some people are concerned
about traffic. The traffic study addressed that the Planning Board addressed that. They are going to
put a right hand turning lane they did change the signal. I think we've got a good project.
COUNCILMAN VANNESS-John I just need to bring up one more thing. Matt one of the residents
came up and mentioned the construction. I understand what he is saying there is a lot of
construction down on Corinth Road. Is that something that is possible that you could work with if
this passes to say, construction vehicles...
ATTORNEY FULLER-To direct them down Bay?
COUNCILMAN VANNESS-Take them down Bay Road instead of using Blind Rock.
ATTORNEY FULLER-I would have to ask the experts, I guess.
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 158
UNKNOWN-Yes.
SUPERVISOR STROUGH-Good point.
PUBLIC HEARING IS CLOSED
RESOLUTION APPROVING THE APPLICATION OF QUEENSBURY PARTNERS, LLC,
FOR FOWLER SQUARE PLANNED UNIT DEVELOPMENT AND AMENDING THE
TOWN OF QUEENSBURY ZONING LAW AND OFFICIAL ZONING MAP ACCORDINGLY
RESOLUTION NO.: 438, 2015
INTRODUCED BY : Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY : Mr.Anthony Metivier
WHEREAS, Queensbury Partners, LLC submitted application materials dated August 17, 2015,
including a proposed Local Law to amend the Town Code, to the Queensbury Town Clerk's Office for a
Planned Unit Development (PUD) entitled, "Fowler Square Planned Unit Development" and the application
materials were reviewed by the Town Planning Staff and deemed complete for purposes of review,and
WHEREAS, applications for PUDs are forwarded to the Town Planning Department and Planning
Board for recommendations in accordance with §179-12-050 of the Town Zoning Law,and
WHEREAS,following such recommendations, the Queensbury Town Board reviews the applications
and takes such other action as it shall deem necessary and proper,and
WHEREAS, prior to making a decision about whether to approve the requested PUD, it is necessary
to conduct a review under the New York State Environmental Quality Review Act (SEQRA) to consider
potential environmental impacts,and
WHEREAS, by Resolution No.: 329,2015, the Town Board forwarded the PUD application to the
Queensbury Planning Board for report and recommendation and consented to the Planning Board acting as
Lead Agency for SEQRA review of this project,and
WHEREAS, on or about October 20th and 27th, 2015, the Queensbury Planning Board adopted
Resolutions recommending to the Town Board as favorable the application for the proposed Fowler Square
PUD and reaffirming its previous SEQRA Negative Declaration for the PUD,and
WHEREAS, on or about October 22nd, 2015, the Warren County Planning Department reviewed the
Project and recommended "No County Impact,"and
WHEREAS, before the Town Board may amend, supplement, change or modify the Town Zoning
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 159
Law and Zoning Map to create a PUD District, it must hold a public hearing in accordance with the
provisions of the Municipal Home Rule Law and the Town of Queensbury Zoning Law, and
WHEREAS,the Town Board duly held such public hearing on Monday, December 21s`, 2015,and
WHEREAS, the Town Board has considered the application materials submitted by Queensbury
Partners, LLC, including the proposed Local Law to amend the Town's Zoning Law and Zoning Map,together
with a proposed Development Agreement summarizing aspects of the proposed development shown on
the plans and/or in the other application materials submitted by Queensbury Partners,and
WHEREAS, the Town Board has also considered the conditions and circumstances of the area that
would be affected by the proposed redistricting to the Fowler Square Planned Unit Development,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the proposed Fowler Square
Planned Unit Development(PUD), as set forth in the application materials dated August 17, 2015 submitted
by Queensbury Partners, LLC, and as summarized in the proposed Development Agreement, meets the
purposes and objectives and all of the provisions and requirements of Article 12 of the Town of Queensbury
Zoning Law,and
BE IT FURTHER,
RESOLVED, that in accordance with the Municipal Home Rule Law and Article 12 of the Town's
Zoning Law, and subject to the specific conditions and requirements set forth below, the Town Board
hereby adopts Local Law No.: 9, of 2015 to amend Queensbury Town Code Chapter 179 (Town of
Queensbury Zoning Law) and the Town's official Zoning Map to approve, enact, adopt, and create the
Fowler Square Planned Unit Development District located on property bearing Tax Map Nos.: 289.19-1-
23 through 289.19-1-35 and located at the corner of Bay and Blind Rock Roads in the Town of
Queensbury, as more specifically set forth in Queensbury Partners, LLC's application dated August 17, 2015,
and
BE IT FURTHER,
RESOLVED, that the approval and enactment of the Fowler Square Planned Unit Development
District and the implementing revisions to the Town's Zoning Law and Zoning Map are subject to the
following conditions:
a. Execution by Queensbury Partners, LLC and the Town of the proposed Development
Agreement for the Fowler Square Planned Unit Development.
b. Site Plan review and approval and, if applicable, Subdivision Review and approval, by
the Town Planning Board, and compliance with any conditions imposed by the
Planning Board.
c. Posting of any security deposit or bond, if deemed necessary by the Town Board
and/or Town Planning Board,for required infrastructure improvements.
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 160
d. Payment of all applicable fees to the Town, including any fees for review by the Town's
consultants.
e. The limits of clearing shown on the applicant's plans will constitute a no-cut buffer
zone. During construction, orange construction fencing shall be installed around these
areas and field verified by Community Development staff.
f. Any sanitary sewer connection plan must be submitted to the Wastewater Department
for its review,approval, permitting and inspection.
g. If curb cuts are added or changed, a driveway permit shall be required. A building
permit will not be issued until the approved driveway permit has been submitted to
the Planning Office.
h. Engineering sign-off shall be required prior to signature of Zoning Administrator on the
approved plans.
i. A right-turn lane shall be installed at the corner of Bay Road and Blind Rock Road at the
inception of construction.
j. If required, copies of the following will be submitted to the Planning Office:
i. Project Notice of Intent (NOI) for coverage under the current "NYSDEC SPDES
General Permit for Construction Activity' prior to the start of any site work;
ii. Project Notice of Termination (NOT) upon completion of the project.
k. The following must be maintained on the project site for review by Town staff:
i. Approved final plans that have been stamped by the Zoning Administrator,
including the Stormwater Pollution Prevention Plan (SWPPP).
ii. Project NOI and proof of coverage under the current NYSDEC SPDES General
Permit for Construction Activity, or an individual SPDES permit issued for the
project.
I. Final approved plans, in compliance with any Site Plan approval, must be submitted to
the Community Development Department before any further review by the Zoning
Administrator or Building and Codes personnel.
m. The project developer and contractor must meet with Planning Department staff after
approval and prior to issuance of any building permit and/or the beginning of any site
work.
n. Subsequent issuance of further permits, including building permits, is dependent on
compliance with the foregoing conditions.
o. As-built plans to certify that the site plan is developed according to the approved plans
is to be provided prior to the issuance of any certificate of occupancy.
p. Construction traffic shall use Bay Road.
and
BE IT FURTHER,
RESOLVED, that the Town Zoning Map is hereby amended to show redistricting of the lands
contained within and set forth as the Fowler Square Planned Unit Development, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 161
RESOLVED, that this amendment to the Zoning Law and Zoning Map of the Town of Queensbury
shall be effective upon the filing of Local Law No.: 9, of 2015 by the Secretary of State, and
BE IT FURTHER,
RESOLVED, that the proposed Development Agreement for the Fowler Square Planned Unit
Development is hereby approved and the Town Supervisor is hereby authorized to sign the
Development Agreement on behalf of the Town after it has been signed by the duly authorized member
of Queensbury Partners, LLC.
Duly adopted this 21St day of December, 2015, by the following vote:
AYES Mr. Metivier, Mr. VanNess, Mr. Strough
NOES Mr. Clements, Mr. Irish
ABSENT:None
LOCAL LAW NO.: 9, OF 2015
A LOCAL LAW ENACTING THE FOWLER SQUARE
PLANNED UNIT DEVELOPMENT
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS:
SECTION 1. Legislative Findings and Intent.
Pursuant to Chapter 179, Article 12 of the Code of the Town of Queensbury entitled "Planned Unit
Developments" the Town Board has reviewed a proposal for a Planned Unit Development known as
"Fowler Square" to be located at the southwest corner of Bay Road and Blind Rock Road in the Town of
Queensbury and identified for Tax Map Purposes as Town of Queensbury Tax Map Parcels 289.19-1-23
through 35, inclusive, and consisting of 34.05 acres of land located in the "Office"Zone. In accordance with
said Chapter 179, Article 12, the Town Board finds that Fowler Square satisfies the requirements of said
Chapter 179,Article 12 and hereby adopts this Local Law relative thereto.
SECTION 2. Site specifics.
B. Residential density. No more than 142 residential dwelling units as set forth on the plans and
specifications shall be permitted.
C. Commercial density. No more than 56,180 square feet shall be permitted.
D. Site Plan Approval. Site plan approval will be required for all development of the project.
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 162
E. Phase III Approval. Any construction for Phase III shall require approval from the Town Board
for conformity with the Planned Unit Development contained herein and shall require site plan
approval from the Planning Board.
F. Setbacks:
i. Setbacks along Blind Rock Road shall be no less than 53 feet.
ii. Setbacks along Bay Road shall be no less than 75 feet, provided that this shall not include
roof hangovers, light fixtures, deck overhangs, and provided that pergolas shall be
permitted off Blind Rock Road as shown on drawing L2.2-Layout.
iii. Setbacks from all wetlands for building locations shall be at least 75 feet.
G. Height limits:
i. For the commercial/residential structures, height shall be limited to 54 feet.
H. Modifications. Any changes to the plans and specifications shall require site plan approval.
SECTION 3. Zone Change.
The zoning for the project site as identified by the parcels above shall be the Fowler Square Planned
Unit Development and the Town's Official Zoning Map is hereby amended to show the zoning of the subject
property as"Fowler Square Planned Unit Development".
SECTION 4. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the application
thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged
by any Court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this Local Law, or in its application to the person,
individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in
which such order or judgment shall be rendered..
SECTION 5. Effective Date.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.
3.0 RESOLUTIONS
RESOLUTION AUTHORIZING APPOINTMENT OF
ERIC C. SCHWENKER AS SUCCESSOR TOWN JUSTICE
RESOLUTION NO.: 439,2015
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 163
WHEREAS, Queensbun� Town Justice Robert McNally recently passed away leaving a vacanc`
in the Town Justice position, and
WHEREAS, the Town of Queensbury electorate will elect a Successor Town Justice at the
November, 2016 election, and
WHEREAS, in accordance with New York State Town Law,the Town Board has the authority to
appoint a Successor Town Justice to serve until after the November 2016 election, through December 31,
2016, and
WHEREAS, the Town Board has reviewed resumes, interviewed interested candidates and is ready
to make an appointment to the position,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun- Town Board hereby appoints Eric C. Schwenker as the
Successor Town Justice for the Town of Queensbury effective December 22 d, 2015 or, if later, upon the
filing of his Oath of Office with the Town Clerk, and to serve until after the November, 2016 election
through December 31St,2016,and
BE IT FURTHER
RESOLVED,that the salary paid to Mr. Schwenker shall be as set forth in the Town's Budget for the
Town Justice position,and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward a
certified cop` of this Resolution to the Warren Count` Board of Elections and New York State Office of
Court Administration,and
BE IT FURTHER
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 164
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Budget
Officer and/or Town Clerk to sign any documentation and take any and all actions necessary to effectuate the
terms of this Resolution.
Duly adopted this 21St day of December,2015,by the following vote:
AYES : Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier
NOES : None
ABSENT:None
RESOLUTION COMMEMORATING 50TH ANNIVERSARY OF GLENS
FALLS-QUEENSBURY HISTORICAL ASSOCIATION, INC.
RESOLUTION NO.: 440,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, the Queensbury Town Board recognizes the pivotal role that the Town of
Queensbury has played and continues to play in the history of our region and our state, and
WHEREAS, the Town Board recognizes the important work done by the Glens Falls-
Queensbury Historical Association, Inc. in the preservation of the heritage of the Town and this region
and in furthering among our citizens an understanding of and appreciation for that heritage, and
WHEREAS, in recognition of that work, it is the intent of the Town Board to commemorate
the 50th anniversary of the founding of the Glens Falls-Queensbury Historical Association, Inc. in
1965, and
WHEREAS, the Town further recognizes that the Glens Falls-Queensbury Historical
Association, Inc. stands prominently among our State's historical associations since its founding and
chartering in that year by the University of the State of New York as the "Glens Falls Historical
Association," incorporated as a not-for-profit for these purposes, namely to:
a. promote and encourage historical research;
b. gather and disseminate information concerning the early history of Warren County and
neighboring counties;
c. gather and preserve books, manuscripts and relics relating to the early history of Warren
County and neighboring counties and to acquire real property for such purposes and other purposes of
the corporation;
d. mark suitable places with monuments and markers;
e. acquire by purchase, gift, devise, or otherwise the title to, or custody and control of historical
spots and places; and
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 165
WHEREAS, Ralph M. Lapham, Francis L. Bayle, Marion B. Davies, Wallace L. Scott and
John D. Austin, Jr., acting on behalf of their associates, did incorporate the Glens Falls Historical
Association, Inc. (hereafter also "the Association") and did become its first Trustees, and
WHEREAS, the Association did seek real property to serve as a headquarters, an educational
center, and a museum to be the repository for currently owned, and future procurement of, books,
manuscripts and relics relating to the earl` history of Warren Count` and neighboring counties, and
WHEREAS, the Association was offered by Juliet Goodman Chapman, and did accept for the
above purposes, lifetime use of her former home on 348 Glen Street, Glens Falls, to be the Glens Falls
Historical Association museum, a building which is also an historical site, as it was the 19th century
home of Zopher I. and Catherine Delong, and
WHEREAS, in 1980, the Trustees of the Association were granted permission by the
Universitv of the State of New York to rename the Association as the "Glens Falls-Queensbur`
Historical Association, Inc." to reflect the indelible and inseparable origins of both the City of Glens
Falls and the Town Queensbury in the granting of the Queensbury Patent in 1762, and
WHEREAS, in that same year, the Trustees of the Association did rename the museum "The
Chapman Historical Museum" in honor of Juliet Goodman Chapman, while full` and equall`
perpetuating the building's name as "The Delong House" to recognize its value as an historical site,
being the 19th century home of Zopher I. and Catherine, and
WHEREAS, the Trustees of the Association did collect, and have continued to collect, and to
store within the Chapman Historical Museum artifacts of all nature relating to the history of Warren
Count` and neighboring counties; many of which artifacts are rare and some of which are unique,
thereby building a collection of priceless historical value not only to Warren Count` and neighboring
counties, but also to New York State and the United States of America; among these collections
including the Seneca Ray Stoddard Collection, comprising thousands of photographs, documents,
sketches, oil paintings and other artifacts of the 19th century pioneer Luminist photographer and artist
Seneca Rav Stoddard, recognized as a peer of such notable American artists as Matthew Brady, Carlton
Watkins, Timothv O'Sullivan, and other photographic greats, and
WHEREAS, in addition to the above fulfillment of the purposes of its being incorporated and
chartered, the Association has continually published numerous books, pamphlets and related
educational materials on the history of the region; has also continually sponsored educational programs
at the museum, in area schools and colleges, and at other venues; and has led the way in historic
preservation and in placing historical sites and historical districts on the New York State Trust for
Historic Places and the National Trust for Historic Places in order to preserve them for posterit`,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby pauses in its deliberations to
commemorate the 5Oth anniversary of the founding of the Glens Falls-Queensbury Historical
Association, Inc., and extends the best wishes of its residents upon that memorable occasion, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 166
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to send
a certified copy of this Resolution, suitably engrossed, to Jane R. Reid, President of the Glens Falls-
Queensbury Historical Association, Inc.
Duly adopted this 21St day of December,2015,by the following vote:
AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ADOPTION OF FOIL - PUBLIC ACCESS
TO RECORDS OF TOWN OF QUEENSBURY POLICY
RESOLUTION NO.: 441, 2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, in accordance with the New York State Public Officers Law, the Town of
Queensbury is required to adopt uniform rules and regulations related to the availability of
records and procedure to be followed, and
WHEREAS, the Town Board therefore wishes to adopt a formal Freedom of Information
Law (FOIL) Policy governing the request for and preparation of public information, and
WHEREAS, a proposed FOIL—Public Access to Records of Town of Queensbury Policy
is presented at this meeting and is in form acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts the FOIL—Public Access to
Records of Town of Queensbury Policy substantially in the form presented at this meeting, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 167
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk/Records Access Officer and/or Town Counsel to take any action necessary to
effectuate the terms of this Resolution.
Duly adopted this 21St day of December, 2015, by the following vote:
AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES None
AB SENT : None
RESOLUTION AUTHORIZING PURCHASE OF BOBCAT SKID STEER
LOADER FOR TOWN BUILDING AND GROUNDS DEPARTMENT
RESOLUTION NO.: 442,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Town of Queensbury's Facilities Manager has requested Town Board approval to
purchase a Bobcat S630 Skid Steer Loader to replace a 16 year old machine,and
WHEREAS,there are sufficient funds in the Town Budget for such proposed purchase,and
WHEREAS, New York State Bidding is not required as the purchase is under New York State
Contract No.: PC67141,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town Facilities Manager's
purchase of a Bobcat S630 Skid Steer Loader in the amount of$41,277.96 from Clark Equipment Co., d/b/a
Bobcat Company in accordance with New York State Contract No.: PC67141, to be paid for from Account
No.: 001-1620-2001,and
BE IT FURTHER
RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend
the Town Budget by transferring $41,278 from New York State Retirement Account No.: 001-9010-8010 to
Account No.: 001-1620-2001,and
BE IT FURTHER
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 168
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities
Manager 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 21St day of December, 2015,by the following vote:
AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES None
ABSENT: None
RESOLUTION AUTHORIZING JEFF AURELIA
SCHOLARSHIP FUND 5K ROAD RACE
RESOLUTION NO.443,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, the Jeff Amelia Scholarship Fund has requested authorization from the Queensbury
Town Board to conduct a 5k road race to benefit the Jeff Amelia Scholarship Fund as follows:
SPONSOR Jeff Amelia Scholarship Fund
EVENT: 5k Road Race
DATE Fridav,January 1St,2016
TIME 10:00 a.m. — 11:30 a.m. (approximately)
PLACE: Beginning and ending at Queensbury High School
Campus (Letter and map delineating course are attached)
NOW,THEREFORE, BE IT
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 169
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance
from the Jeff Aurelia Scholarship Fund and authorizes the Jeff Aurelia Scholarship Fund to conduct a 5k
Road Race partially within the Town of Queensbury to benefit the Jeff Aurelia Scholarship Fund on Friday,
Januan- 1St,2016,and
BE IT FURTHER
RESOLVED, that the Town Board hereby approves this event subject to the Town Highway
Superintendent's approval of the race, which approval may be revoked due to concern for road conditions at
any time up to the date and time of the event.
Duly adopted this 21St day of November,2015,by the following vote:
AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES : None
ABSENT: None
RESOLUTION AWARDING BID FOR NATURAL LIGHT SODA ASH,
LIQUID ALUM AND SODIUM HYPOCHLORITE
RESOLUTION NO.: 444,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, the Town of Queensbury duly advertised for bids for Natural Light Soda Ash, Liquid
Alum and Sodium H`pochlorite in accordance with Town Water Department Bid Specifications,and
WHEREAS, the Town's Purchasing Agent and Water Superintendent have reviewed the bids and
recommended that the Town award the bids to the lowest responsible bidders,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby awards the bids to the lowest responsible
Bidders in each category as follows:
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 170
1. Natural Light Soda Ash—To Brenntag Northeast,Inc.,for the amount of$467.80/ton;
2. Liquid Alum—To Holland Company, Inc. for the amount of$289.00/dry ton;and
3. Sodium H`pochlorite—To Surpass Chemical Co.,for the amount of$.787/gallon
to be paid from the appropriate Town Water Department Account(s),and
BE IT FURTHER-
RESOLVED,that such bid awards shall be effective through December 31St, 2016 with an option at
such time to extend such bid award for up to two (2) additional 12 month periods or through December 31St,
2017 or 2018, with any extended bid award to be subject to the same terms and conditions of the original
bid, with no surcharges, add-ons or tariffs to be added, and
BE IT FURTHER-
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent,
Water Superintendent and/or Town Budget Officer to take all actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 21St day of December,2015,by the following vote:
AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES : None
ABSENT: None
RESOLUTION APPOINTING STEPHEN THOMPSON AS
WATER TREATMENT PLANT OPERATOR TRAINEE
AT TOWN WATER DEPARTMENT
RESOLUTION NO.445,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS,the Town of Queensbury Water Superintendent has advised the Town Board that there
is a vacant full-time Water Treatment Plant Operator Trainee position in the Water Department,and
WHEREAS,the Water Superintendent reviewed resumes,interviewed interested candidates from the
existing Warren County Civil Service List and has recommended that the Town Board authorize the hiring of
Stephen Thompson in such position,
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 171
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Stephen
Thompson as a full-time Water Treatment Plant Operator Trainee in the Town's Water Department effective
on or about December 22 d, 2015 subject to the Town successfully completing a pre-employment physical
and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug
and/or alcohol screening, and subject to Mr. Thompson's completion of a six(6)month probationary period,
and
BE IT FURTHER
RESOLVED,that Mr. Thompson shall be paid the hourly rate of pay for the Water Treatment Plant
Operator Trainee position as delineated in the Town's current Agreement with the Civil Service Employees
Association,and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water
Superintendent and/or Budget Officer to complete any documentation and take such other and further action
necessary to effectuate the terms of this Resolution.
Duly adopted this 21St day of December,2015,by the following vote:
AYES: Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES: None
ABSENT:None
RESOLUTION SETTING PUBLIC HEARING ON 2016-2017 EMERGENCY
AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC.
RESOLUTION NO.: 446,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 172
WHEREAS, in accordance with Town Law §184, the Queensbury Town Board may contract with
ambulance services certified or registered in accordance with Public Health Law Article 30 for general
emergency ambulance service within the Town,and
WHEREAS,the Agreement currently in effect between the Town of Queensbury and the Bay Ridge
Rescue Squad,Inc. (Squad)will expire as of December 31,2015,and
WHEREAS, the Town and the Squad have negotiated terms for a new two (2) year Agreement for
general emergency ambulance services,and
WHEREAS, in accordance with Town Law §184, the Town Board wishes to set a public hearing
concerning the proposed 2016-2017 Agreement for emergency ambulance service,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the
proposed 2016-2017 emergency ambulance services Agreement between the Town of Queensbury and the
Bay Ridge Rescue Squad,Inc., on Monday,January I lt',2016 at 7:00 p.m.,and
BE IT FURTHER-
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to
publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public
Hearing.
Duly adopted this 21St day of December,2015,by the following vote:
AYES Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON 2016 -2020
FIRE PROTECTION SERVICE AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND
SOUTH QUEENSBURY VOLUNTEER FIRE CO., INC.
RESOLUTION NO.: 447,2015
INTRODUCED BY: Mr.Anthony Metivier
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 173
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge
Volunteer Fire Co., Inc.,North Queensbun-Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co.,
Inc., South Queensbun� Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in
accordance with agreements between each Fire Company and the Town,and
WHEREAS,the Town and the South Queensbun-Volunteer Fire Co., Inc. have negotiated terms for
a new five(5)year Agreement for fire protection services,and
WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town
Board wishes to set a public hearing concerning the proposed 2016-2020 Agreement for fire protection
services,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the
proposed 2016-2020 fire protection services Agreement between the Town of Queensbury and the South
Queensbury Volunteer Fire Co.,Inc., on Monday,January I Ith,2016 at 7:00 p.m.,and
BE IT FURTHER-
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to
publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public
Hearing.
Duly adopted this 21St day of December,2015,by the following vote:
AYES Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES None
ABSENT:None
RESOLUTION AUTHORIZING PROMOTION OF CLAUDE TROIANO
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 174
FROM MOTOR EQUIPMENT OPERATOR (MEO) TO HEAVY
EQUIPMENT OPERATOR (HEO) IN TOWN HIGHWAY DEPARTMENT
RESOLUTION NO. 448,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS,the Town of Queensbury's Highway Superintendent has advised that there is currently
a vacancy in the Heavy Equipment Operator(HEO)position in the Town Highway Department,and
WHEREAS, consistent with the Collective Bargaining Agreement, the Highway Superintendent
posted for such position,and
WHEREAS, Claude Troiano, a current Motor Equipment Operator (MEO) within the Department,
has requested a promotion to the position,and
WHEREAS,the Highway Superintendent recommends that the Town Board authorize the promotion
of Claude Troiano from MEO to HEO as Mr. Troiano has met the qualifications and has the required job
experience for the position,and
WHEREAS,the Town Board wishes to authorize the requested promotion,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of
Claude Troiano from Motor Equipment Operator(MEO)to Heavy Equipment Operator(HEO) in the Town
Highway Department effective on or about December 22nd, 2015 at the rate of pay specified in the Town's
CSEA Union Agreement for the HEO position for the year 2015, subject to a ninety (90) day probationary
period and any other applicable Civil Service requirements,and
BE IT FURTHER
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 175
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town
Highway Superintendent and/or Budget Officer to complete any forms and take any action necessary to
effectuate the terms of this Resolution.
Duly adopted this 21St day of December,2015 by the following vote:
AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES : None
ABSENT:None
RESOLUTION AUTHORIZING PROMOTION OF CHRIS SMITH FROM
MOTOR EQUIPMENT OPERATOR (MEO) TO HEAVY EQUIPMENT
OPERATOR (HEO) IN TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.449,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS,the Town of Queensbury's Highway Superintendent has advised that there is currently
a vacancy in a Heavy Equipment Operator(HEO)position in the Town Highway Department,and
WHEREAS, consistent with the Collective Bargaining Agreement, the Highway Superintendent
posted for such position,and
WHEREAS, Chris Smith, a current Motor Equipment Operator (MEO) within the Department, has
requested a promotion to the position,and
WHEREAS,the Highway Superintendent recommends that the Town Board authorize the promotion
of Chris Smith from MEO to HEO as Mr. Smith has met the qualifications and has the required job
experience for the position,and
WHEREAS,the Town Board wishes to authorize the requested promotion,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes and directs the promotion of Chris
Smith from Motor Equipment Operator(MEO)to Heavy Equipment Operator(HEO) in the Town Highway
Department effective on or about December 22nd, 2015 at the rate of pay specified in the Town's CSEA
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 176
Union Agreement for the HEO position for the year 2015, subject to a ninety (90) day probationary period
and any other applicable Civil Service requirements,and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town
Highway Superintendent and/or Budget Officer to complete any forms and take any action necessary to
effectuate the terms of this Resolution.
Duly adopted this 21St day of December,2015 by the following vote:
AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF ALLEN FRASIER
AS MOTOR EQUIPMENT OPERATOR (MEO) IN
TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.450,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS,by Resolution 171,201 ,the Town Board hired Allen Frasier as a Temporary, Seasonal
Laborer,and
WHEREAS, the Town of Queensbury Highway Superintendent wishes to fill a vacant Motor
Equipment Operator(MEO)position in the Town Highway Department,and
WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes,
interviewed interested candidates and wishes to hire Allen Frasier in such position,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Allen Frasier to the
full-time Union position of Motor Equipment Operator(MEO) in the Town's Highway Department effective
on or about December 22nd,2015,and
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 177
BE IT FURTHER
RESOLVED,that such appointment shall be contingent upon Mr. Frasier successfully completing a
pre-employment physical as required by Town Policy, drug and/or alcohol screening, any applicable Civil
Service requirements and a twenty-six (26) week probation period, and the Town successfully completing
background checks as reasonably necessan� to judge fitness for the duties for which hired, and
BE IT FURTHER
RESOLVED,that Mr. Frasier shall be paid the hourly rate for the MEO position as delineated in the
Town's current Agreement with the Civil Service Employees Association,and
BE IT FURTHER
RESOLVED, that the Town Board herebv authorizes and directs the Town Supervisor, Highway
Superintendent and/or Town Budget Officer to complete any documentation and take such other and further
action necessary to effectuate the terms of this Resolution.
Duly adopted this 21St day of December,2015,by the following vote:
AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES : None
ABSENT: None
RESOLUTION TO AMEND 2015 BUDGET
RESOLUTION NO.:451,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and
are deemed compliant with Town operating procedures and accounting practices by the Town Budget
Officer,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Accounting Office to take all action necessary to amend the 2015 Town Budget as follows:
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 178
From To
Code Appropriation Code Appropriation $
001-7110-1010 Wages 001-7110-4400 Misc.Contractual 12,000 Pool Repairs
Community Service
001-1990-4400 Misc.Contractual 001-8989-4414 Contracts 10,000 Qsby Little League
004-5110-4620 Road Paving Materials 004-5130-4110 Vehicle Repair 30,000 Cover shortage
Duly adopted this 21s`day of December, 2015 by the following vote:
AYES : Mr. Irish, Mr.VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING CAREY ROAD SEWER DISTRICT
SEWER IMPROVEMENT AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND CITY OF GLENS FALLS
RESOLUTION NO.: 452,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, the City of Glens Falls ("City") owns certain sewer mains including those located on
Broad Street and Hudson Avenue in the Citv of Glens Falls which sewer mains service the Citv and the
Town,and
WHEREAS, the Town of Queensbury ("Town") wishes to promote development in the vicinity of
Carey Road by establishing the Carey Road Sewer District (`Carey Road Development") located within the
Town, which Carey Road Development would discharge wastewater to the City's Broad Street sewer main
and result in increased wastewater flows,and
WHEREAS, a hydraulic analysis has been performed on the City's Broad Street sewer main which
analysis shows that there is insufficient capacity available to accommodate increased flows which may result
from the Carey Road Development,and
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 179
WHEREAS, by Resolution No.: 108,201 5, the Queensbury Town Board authorized a Hudson
Avenue Sewer Improvement Agreement between the Cite and Town which provides for certain upgrades to
the sewer main on Hudson Avenue to accommodate, for the immediate future, the increased flows that will
result from the Care` Road Development,and
WHEREAS, the Town and City recognize the need to implement a process by which additional
improvements can be made to the Broad Street sewer main to accommodate potential future increased flows
resulting from the Care` Road Development,and
WHEREAS,the City and Town have negotiated terms for an Agreement whereby they would agree
to cooperate to effectuate the improvements to the Broad Street sewer main which improvements are in the
best interests of the respective municipalities,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun- Town Board hereby approves and authorizes the Care` Road
Sewer District Sewer Improvement Agreement as generally set forth in this Resolution substantially in the
form presented at this meeting and in form to be acceptable to the Town Supervisor and Wastewater Director,
and
BE IT FURTHER-
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such
Agreement and the Town Supervisor, Wastewater Director, Town Budget Officer and/or Town Counsel to
take such other and further action necessary to effectuate the terms of this Resolution and Agreement.
Duly adopted this 21St day of December,2015 by the following vote:
AYES Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS
WARRANT OF DECEMBER 22ND, 2015
RESOLUTION NO.: 453,2015
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 180
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant
with a run date of December 17th,2015 and a payment date of December 22nd,2015,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of
December 17 th'2015 and a payment date of December 22nd,2015 totaling$1,26,964.99, 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 21St day of December,2015,by the following vote:
AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES : None
ABSENT : None
4.0 TOWN BOARD DISCUSSIONS
COUNCILMAN VANNESS (WARD IV)
• Met with George Hilton regarding the Ward Redistricting. George fully understands that I am in
total agreement of realigning the Ward Districts. It is just that the Main Street Corridor is near and
dear to my heart. I lived there and I was born and raised all my life. I am looking to see it come to
fruition and it looks like it is headed that way relatively quickly. I would like to still be part of that
Ward Four. I know, I represent the entire Town,but I would like to be part of that by all means.
• Going into the Christmas Season there are some men and women that will not be here this year to
celebrate with their families. They are oversees fighting for our freedom,protecting us,giving us the
right to speak what we feel. Giving others the right to speak what they feel when maybe they
shouldn't. Our brave people they are. Doug's boy is one of them well on his way to being a Navv
Seal. I just want to say that I am proud to know you and your son and I am proud of those people. I
sav Mem-Christmas to their families and God Bless to them all.
COUNCILMAN IRISH(WARD III)
• Thanked Councilman VanNess for his kind words.
• Wished evervone a Mem-Christmas.
COUNCILMAN CLEMENTS (WARD II)
• Wished everyone a Mem-Christmas.
• The Dunham's Bay Fish and Game Club have an Active Shooter Preparedness Course that they will
be doing on Saturday, January 23rd, 2016. If you would like to sign up for this you will have to sign
up by January 9th, 2016. If you need any information on this you call myself or call the Town and
tell them you want to talk to me they can get you in touch with me. There is no charge to this, but
they are asking for a small donation. It is a one day course that should take about one to two hours.
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 181
COUNCILMAN METIVIER(WARD I)
• Wished everyone a Mem-Christmas.
SUPERVISOR STROUGH
• New website in place put in by E Vision Digital Marketing they have done a great job.
4.0 CORRESPONDENCE
NONE
5.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES)
NONE
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.454,2015
INTRODUCED BY: Mr.Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Brian Clements
RESOLVED, that the Town Board of the Town of Queensbun� hereby adjourns its Regular Town Board
Meeting.
Duly adopted this 21St day of December,2015 by the following vote:
AYES: Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish
NOES: None
ABSENT:None
RESPECTFULLY, SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY
REGULAR TOWN BOARD MEETNG, MTG#39 12-31-2015 182