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2016-05-16 MTG 16 REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 462 REGULAR TOWN BOARD MEETING MTG#16 TH MAY 16, 2016 RES#181-195 7:00 P.M. B.H.10-14 L.L. #4 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STROUGH PRESENTATION: LOUISE GAVA, MEGA CCA PROJECT LEADER – NY’S COMMUNITY CHOICE AGGREGATION PROGRAM 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 181, 2016 INTRODUCED BY: Mr. William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. th Duly adopted this 16 day of May, 2016, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MICHAEL SHEARER RESOLUTION NO.: BOH 10, 2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements 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 REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 463 WHEREAS, Michael Shearer has applied to the Local Board of Health for variances from Chapter 136 to install a new on site disposal system as follows: 1. Leach Bed to be 5’9” from the property line instead of the required 10’ setback; 2. Mound/Basil limit will be 1’4” from the property line instead of the required 10’ setback; and 3. Mound/System fill side slope will be 2:1 instead of the required 3:1; on property located at 52 Russell Harris Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing on th Monday, June 6, 2016 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Michael Shearer’s sewage disposal variance application concerning property located at 52 Russell Harris Road, Queensbury (Tax Map No.: 240.5-1-6) 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. th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ANDREW SPATH RESOLUTION NO.: BOH 11, 2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements 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, Andrew Spath has applied to the Local Board of Health for variances from Chapter 136 to install a new on site disposal system as follows: 1. Leach Bed to be 7’5” from the property line instead of the required 10’ setback; 2. Mound/Basil limit will be 1’2” from the property line instead of the required 10’ setback; REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 464 and 3. Mound/System fill side slope will be 2:1 instead of the required 3:1; on property located at 56 Russell Harris Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing on th Monday, June 6, 2016 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Andrew Spath’s sewage disposal variance application concerning property located at 56 Russell Harris Road, Queensbury (Tax Map No.: 240.5-1-9) 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. th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT SPATH RESOLUTION NO.: BOH 12, 2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements 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, Robert Spath has applied to the Local Board of Health for variances from Chapter 136 to install a new on site disposal system as follows: 1. Leach Bed to be 7’6” from the north property line instead of the required 10’ setback; 2. Mound/Basil limit will be 3’4” from the north property line instead of the required 10’ setback; 3. Leach Bed to be 7’7” from the south property line instead of the required 10’ setback; 4. Mound/Basil limit will be 3’5” from the south property line instead of the required 10’ REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 465 setback; and 5. Mound/System fill side slope will be 2:1 instead of the required 3:1; on property located at 60 Russell Harris Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing on th Monday, June 6, 2016 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Robert Spath’s sewage disposal variance application concerning property located at 60 Russell Harris Road, Queensbury (Tax Map No.: 240.5-1-10) 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. th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES : None ABSENT: None RESOLUTION DECLARING A HEALTH HAZARD AND ORDERING CLEAN-UP OF PROPERTY LOCATED AT 201 FIFTH STREET EXTENSION AND OWNED BY JOLENE M. MARTIN AND CHRISTINE M. SHUMATE (TAX MAP #: 309.11-1-76) RESOLUTION NO. BOH 13, 2016 INTRODUCED BY: Mr. William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has advised the Town’s Local Board of Health that he has received complaints about a large amount of junk, debris and garbage on the property owned by Jolene M. Martin and Christine M. Shumate located at 201 Fifth Street Extension in the Town of Queensbury (Tax Map No.: 309.11-1-76), and WHEREAS, the Director has investigated and inspected the property and has advised that there is a large amount of junk, debris and garbage on such property, as well as on a back porch on the residence and inside a large storage shed on the property, and therefore, in his opinion, there are violations of the Town’s REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 466 Garbage and Junkyard Ordinances, the property constitutes a health hazard and nuisance to the neighborhood as there are small children in proximity to the property, the property is unsafe to the general public and the owners have abandoned the property, and therefore the Director strongly recommends that the Board of Health take immediate action to clean-up the property, and WHEREAS, the Director has further advised the Town Board that he has attempted to provide notice of the Code violations to the property owners but he has been unable to contact them and his correspondence to them has been returned marked “undeliverable,” and WHEREAS, by letter dated May 9, 2016, the Town’s Health Officer advised that he inspected the property and found that the house has apparently been abandoned, there is garbage on the back porch and in the storage shed which could be a breeding ground for disease-carrying animals, and therefore, in his opinion, the property is a health hazard and needs to be cleaned-up, and WHEREAS, the Director has advised that “Any & All Debris BAPP’S TRUCKING & Container Service, Inc.,” can remove the waste from the property for an amount of $800, NOW, THEREFORE, BE IT RESOLVED, that after reviewing all of the evidence presented at this time, the Town of Queensbury Local Board of Health is of the opinion that the property owned by Jolene M. Martin and Christine M. Shumate and located at 201 Fifth Street Extension in the Town of Queensbury (Tax Map No.: 309.11-1-76) appears to be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous and there is a clear and imminent danger to the life, safety or health of the general public and therefore directs the Director of Building and Codes Enforcement to arrange with Any & All Debris BAPP’S TRUCKING & Container Service, Inc. for the immediate clean-up of the property and thereafter assess any charge to the real property in accordance with the emergency provisions of the New York Public Health Law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes payment in an amount not to exceed $800 to Any & All Debris BAPP’S TRUCKING & Container Service, Inc. for the immediate clean-up services to be paid for from such account(s) as will be determined by the Town’s Budget Officer and the Town Board authorizes and directs the Town Budget Officer to make any needed budget transfers or amendments to the 2016 Town Budget as may be necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2016 by the following vote: REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 467 AYES : Mr. Irish, Mr. VanNess. Mr. Strough, Mr. Metivier, Mr. Clements NOES : None ABSENT : None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 14, 2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves into the Town Board of the Town of Queensbury. th Duly adopted this 16 day of May, 2016 by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES: None ABSENT:None 2.0 PUBLIC HEARINGS PUBLIC HEARING ADOPTING AMENDMENT TO TOWN OF QUEENSBURY COMPREHENSIVE PLAN PUBLICATION DATE: MAY 6, 2016 PUBLIC HEARING OPENED SUPERVISOR STROUGH-Is there any member of the public who would like to speak to adopting the amending of the Comprehensive Land Use Plan as I just suggested? Seeing no public interest in making public comments, I guess we now go to SEQRA. NO COMMENT PUBLIC HEARING CLOSED PUBLIC HEARING ENACTING LOCAL LAW 4, 2016 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 ENTITLED “ZONING” TO: 1) PROVIDE FOR “DRIVE THROUGH WINDOWS’ AT BUSINESSESS IN THE MAIN STREET ZONING DISTRICT UNDER CERTAIN CONDITIONS AND 2) ADOPT PROVISIONS FOR DETERMINING SETBACK REQUIREMENTS FOR CORNER LOTS ABUTTING MAIN STREET IN THE MAIN STREET ZONING DISTRICT PUBLICATION DATE: MAY 6, 2016 SUPERVISOR STROUGH-I will open the public hearing. Any member of the public have questions, comments on what we are looking at here, I see none. Any thoughts, comments members, Town Board. COUNCILMAN CLEMENTS-Good changes. SUPERVISOR STROUGH-I think they are. PUBLIC HEARING CLOSED FULL ENVIRONMENTAL ASSESSMENT FORM PART 2 – INDENIFICATION OF POTENTIAL PROJECT IMPACTS 1.Impact on Land REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 468 Proposed action may involve construction on, or physical alteration of, the land surface of the proposed site. (See Part 1.D.1) If “Yes”, answer questions a-j. If “No”, move on to Section 2. _X__No ____Yes 2.Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, minerals, fossils, caves). (See Part 1. E.2g) If “Yes”, answer questions a-c. If “No”, move on to Section 3. __X__No ____Yes 3.Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If “Yes”, answer questions a-l. If “No”, move on to Section 4. __X__No ____Yes 4.Impact on groundwater The proposed action may result in new or additional use of ground water, or may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If “Yes”, answer questions a-h. If “No”, move on to Section 5. __X__No ____Yes 5.Impact on Flooding The proposed action may result in development on lands subject to flooding. (See Part 1.E.2) If “Yes”, answer questions a-g. If “No”, move on to Section 6. __X__No ____Yes 6.Impacts on Air The proposed action may include a state regulated air emission source. (See Part 1.D.2.f., D,2,h, D.2.g) If “Yes”, answer questions a-f. If “No”, move on to Section 7. __X__No ____Yes 7.Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1.E.2 m-q.) If “Yes”, answer questions a-j. If “No”, move on to Section 8. _X__No ____Yes 8.Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a. and b.) If “Yes”, answer questions a-h. If “No”, move on to Section 9. __X__No ____Yes 9.Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1.E.1.A, E.1.b, E.3.h). If “Yes”, answer questions a-g. If “No”, go to Section 10. __X__No ____Yes 10.Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological resource. (Part 1.E.3.e, f. and g.) If “Yes”, answer questions a-e. If “No”, go to Section 11. __X__No ____Yes 11.Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1.C.2.c, E.1.c., E.2.q.) If “Yes”, answer questions a-e. If “No”, go to Section 12. __X__No ____Yes 12.Impact on Critical Environmental Areas REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 469 The proposed action may be located within or adjacent to a critical environmental area (CEA). (See Part 1.E.3d) If “Yes”, answer questions a-c. If “No”, go to Section 13. __X__No ____Yes 13.Impact on Transportation The proposed action may result in a change to existing transportation systems. (See Part 1.D.2.j) If “Yes”, answer questions a-g. If “No”, go to Section 14. __X__No ____Yes 14.Impact on Energy The proposed action may cause an increase in the use of any form of energy. (See Part 1.D.2.k) If “Yes”, answer questions a-e. If “No”, go to Section 15. __X__No ____Yes 15.Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. (See Part 1. D.2.m., n., and o.) If “Yes”, answer questions a-f. If “No”, go to Section 16. __X__No ____Yes 16.Impact on Human Health The proposed action may have an impact on human health from exposure to new or existing sources of contaminant. (See Part 1.D.2.q., E.1.d.f.g. and h.) If “Yes”, answer questions a-m. If “No”, go to Section 17. __X__No ____Yes 17.Consistency with Community Plans The proposed action is not consistent with adopted land use plans. (See Part 1.C.1, C.2. and C.3.) If “Yes”, answer questions a-h. If “No”, go to Section 18 ____No __X_Yes Proposed action amends Recommendation D of the 2007 Comprehensive Plan. Town Board may amend Comprehensive Plans as per NYS Town Law Section 272-A 18.Consistency with Community Character The proposed project is inconsistent with the existing community character. (See Part 1.C.2, C.3, D.2, E.3) If “Yes”, answer questions a-g. If “No”, proceed to Part 3. __X__No ____Yes RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATIONFOR PROPOSED AMENDMENT TO TOWN COMPREHENSIVE PLAN AND RELATED CHANGES TO TOWN ZONING LAW RESOLUTION NO. 182, 2016 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Comprehensive Plan for the Town of Queensbury includes recommendations to guide land use in the Town of Queensbury, and WHEREAS, the Town Board is considering amending the Comprehensive Plan to remove the current recommendation against “drive through” windows and facilities in certain areas of the Town, to remove the recommendations to apply the Main Street Plan to Dix Avenue, correct a factual error, and related references, and REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 470 WHEREAS, a draft of an Amendment to remove the above-referenced recommendations and references from the Comprehensive Plan was prepared and presented at the Town Board’s meeting on April th 18, 2016, and WHEREAS, the Town Zoning Law is based upon the Town’s Comprehensive Plan and sets forth the rules and regulations governing land use within the Town, and WHEREAS, the Queensbury Town Board also wishes to consider adoption of proposed Local Law No.:4, of 2016, introduced at the Town Board meeting held on May 2, 2016, to amend Queensbury Town Code Chapter 179, entitled “Zoning,” to: 1) provide for “drive-through windows” and facilities at businesses in the Main Street Zoning District within the Town of Queensbury under certain prescribed conditions and 2) to adopt provisions for determining setback requirements for corner lots abutting Main Street in the Main Street Zoning District, and WHEREAS, under the New York State Environmental Quality Review Act (SEQRA), it is necessary to conduct an environmental review before amending the Comprehensive Plan and before enacting a Local Law to make changes to the Town Zoning Law, and WHEREAS, the Town Board, as Lead Agency for environmental review required under the State Environmental Quality Review Act (SEQRA), previously reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the Comprehensive Plan prior to its original adoption in August 6, 2007, and WHEREAS, by Resolution No.: 360,2007 the Town Board previously issued a SEQRA Negative Declaration with respect to the Comprehensive Plan adopted on August 6, 2007, and WHEREAS, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposed Amendment to the Comprehensive Plan and of proposed Local Law No.: 4, of 2016, which would make some related changes to the Town’s Zoning Law, and found that no significant adverse environmental impacts are expected to result, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed Amendment to the Comprehensive Plan and proposed Local Law No.: 4, of 2016, which would make some related changes to the Town’s Zoning Law, together constitute a Type 1 Action (the Action) requiring review under SEQRA, and BE IT FURTHER, RESOLVED, that the Town Board hereby determines that it is the only Involved Agency for purposes of the required SEQRA review of the proposed Action, and BE IT FURTHER, RESOLVED, that, as the only Involved Agency, the Town Board hereby declares itself to be Lead Agency and assumes the role and responsibilities of Lead Agency for the required SEQRA review, and REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 471 BE IT FURTHER, RESOLVED, that as Lead Agency, the Town Board reaffirms the prior SEQRA Negative Declaration within Resolution No.: 360, 2007 with respect to the Town’s Comprehensive Plan, and BE IT FURTHER, RESOLVED, that as Lead Agency for SEQRA review, the Queensbury Town Board hereby determines that the proposed Amendment to the Town’s Comprehensive Plan and proposed Local Law No.: 4, of 2016, together constituting the Action reviewed, will not have any significant adverse environmental impact and a SEQRA Negative Declaration is hereby made, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk and/or the Town Zoning Administrator to file and publish a SEQRA Negative Declaration - Notice of Determination of Non- Significance with respect to the Action, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to file this Resolution and the approved SEQRA Negative Declaration in the Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send copies of this Resolution and the approved SEQRA Negative Declaration to the Warren County Planning Department, Town of Queensbury Zoning Board of Appeals and Town of Queensbury Planning Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution shall be effective immediately upon adoption. th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES : None ABSENT: None RESOLUTION APPROVING AMENDMENT TO TOWN OF QUEENSBURY COMPREHENSIVE PLAN RESOLUTION NO. 183, 2016 REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 472 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Comprehensive Plan for the Town of Queensbury, adopted in 2007, includes recommendations to guide land use in the Town of Queensbury, and WHEREAS, among other recommendations, the Comprehensive Plan recommends that businesses in certain areas of Town not be allowed to have “drive-through” service windows, and WHEREAS, the Town Board recognizes that in the nine years since the Comprehensive Plan was adopted, more businesses have begun using “drive-through” windows and facilities throughout the country to provide their customers with fast and convenient service in their vehicles, which can be especially important in inclement weather and for customers who have impaired mobility or other debilitating conditions or contagious illnesses, and WHEREAS, the Town Board believes that allowing drive-through windows in some areas of the Main Street zoning district under certain prescribed conditions may be appropriate, and WHEREAS, the Comprehensive Plan also contains certain recommendations to apply the Main Street Plan to Dix Avenue, which now seems unsuitable, impractical and inadvisable with respect to Dix Avenue, and WHEREAS, the Town Board is considering amending the Comprehensive Plan to remove the current recommendation against “drive through” windows and facilities in certain areas of the Town, to remove the recommendations to apply the Main Street Plan to Dix Avenue, correct a factual error and related references, and WHEREAS, a draft of an Amendment to remove the above-referenced recommendations and references from the Comprehensive Plan was prepared and presented at the Town Board’s meeting on April th 18, 2016, and WHEREAS, the Town Board received comments, recommendations and suggestions from the public on the draft Amendment to the Comprehensive Plan, and REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 473 WHEREAS, in accordance with New York State Town Law §272, the Town Board duly held a nd properly noticed Public Hearing on the draft Amendment to the Comprehensive Plan on Monday, May 2, th 2016 and again on Monday, May 16, 2016 and the Town Board heard all interested parties, and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed Amendment and obtain a recommendation from the Warren County Planning Department before adopting the Amendment, and the Town duly made the necessary referral, and WHEREAS, on or about May 11th, 2016,the Warren County Planning Department considered the proposed Amendment and determined that it would have no County impact, and WHEREAS, the Town Board, as Lead Agency for environmental review required under the State Environmental Quality Review Act (SEQRA), previously reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the Plan prior to its original adoption in August 6, 2007, and WHEREAS, by Resolution No.: 360,2007 the Town Board previously issued a SEQRA Negative Declaration with respect to the Comprehensive Plan adopted on August 6, 2007, and WHEREAS, the Town Board, again acting as Lead Agency for the environmental review required under SEQRA, has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of proposed Local Law No.: 4, of 2016 as well as potential impacts of certain related changes to the Town’s Comprehensive Plan and found that no significant adverse environmental impacts are expected to result, and WHEREAS, the Town Board, as Lead Agency for SEQRA review, approved Resolution No.182 of 2016 re-affirming its previous Negative Declaration with respect to the Comprehensive Plan and adopting a Negative Declaration with regard to the proposed changes to the Town’s Comprehensive Plan and Proposed Local Law No.: 4, of 2016, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the Amendment to the Comprehensive Plan for the Town of Queensbury as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file this Resolution and the approved Amendment to the Comprehensive Plan in the Town Clerk’s Office, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 474 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send copies of this Resolution and the approved Amendment to the Comprehensive Plan to the Warren County Planning Department, Town of Queensbury Zoning Board of Appeals and Town of Queensbury Planning Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution, and BE IT FURTHER, RESOLVED, that the approved Amendment to the Town’s Comprehensive Plan shall take effect immediately upon adoption. th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES : None ABSENT : None Amendment to Town of Queensbury Comprehensive Plan Recommendation D.6 Implement the design recommendations of the Main Street Plan, except for provisions of the Plan that would discourage or not allow any businesses to have “drive through” service windows in the Main Street Zone. Continue the same design theme along Dix Avenue in southeastern Queensbury. Queensbury has already gone through the process of developing a Main Street Redevelopment Plan. Improvements to the State Route 254 County Route 28 Corridor, or Main Street, were established to create a clearly visible gateway to the Town of Queensbury. The major elements of the design portions of the plan, which are already laid out in the zoning code, include making it a more pedestrian friendly environment with a continuous sidewalk system, crosswalks at key intersections, vegetated medians and turning lanes where appropriate. The initiatives include street trees, ornamental plantings and buffers, street furniture, different pavement textures, and properly scaled ornamental lighting. Existing buildings will be replaced over time and will be constructed along a “build-to” line that will bring them closer to the road. Two and three story brick faced buildings will evoke the upstate New REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 475 York Main Street style and create a distinctive shopping experience. Single story buildings on Main Street may be allowed under certain design considerations deemed to be consistent with the development goals of that zoning district. Dix Avenue forms another, less utilized, eastern gateway to Queensbury. Here, too, the opportunity exists to create a distinctive experience along a main road. The goal is to create a commercial center that could serve the densely settled neighborhoods as well as nearby industrial and office uses. It would help create a vibrant neighborhood in this corner of Queensbury as the town seeks to attract industrial and high-tech establishments to the surrounding industrially-zoned land. RESOLUTION ENACTING LOCAL LAW NO.: 4, OF 2016 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 ENTITLED, “ZONING” TO: 1) PROVIDE FOR “DRIVE THROUGH WINDOWS” AT BUSINESSES IN THE MAIN STREET ZONING DISTRICT UNDER CERTAIN CONDITIONS AND 2) ADOPT PROVISIONS FOR DETERMINING SETBACK REQUIREMENTS FOR CORNER LOTS ABUTTING MAIN STREET IN THE MAIN STREET ZONING DISTRICT RESOLUTION NO. 184, 2016 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 4, of 2016, introduced at the Town Board meeting held on May 2, 2016, to amend Queensbury Town Code Chapter 179, entitled “Zoning,” to: 1) provide for “drive-through windows” and facilities at businesses in the Main Street Zoning District within the Town of Queensbury under certain prescribed conditions; and 2) adopt provisions for determining setback requirements for corner lots abutting Main Street in the Main Street Zoning District, and WHEREAS, before the Town Board may amend, supplement, change, or modify the Town’s Zoning Law, it must hold a public hearing in accordance with the provisions of the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation, and the Town duly made the necessary referral, and WHEREAS, on or about May 11, 2016,the Warren County Planning Department considered the proposed Local Law and determined that it would have no County impact, and WHEREAS, the Town Board duly conducted a public hearing, heard all interested parties and closed th the public hearing concerning proposed Local Law No.: 4, of 2016 on Monday, May 16, 2016, and REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 476 WHEREAS, the Town Board, as Lead Agency for the environmental review required under the State Environmental Quality Review Act (SEQRA), has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of proposed Local Law No.: 4, of 2016 as well as potential impacts of certain related changes to the Town’s Comprehensive Plan and found that no significant adverse environmental impacts are expected to result, and WHEREAS, the Town Board, as Lead Agency for SEQRA review, approved Resolution No. 182, of 2016 re-affirming its previous Negative Declaration with respect to the Comprehensive Plan and adopting a Negative Declaration with regard to the proposed changes to the Town’s Comprehensive Plan and Proposed Local Law No.: 4, of 2016, WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.:4, of 2016 as presented at this meeting, hereinafter referred to as the “legislation,” NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: 4, of 2016 to amend Queensbury Town Code Chapter 179, entitled “Zoning,” to: 1) provide for “drive-through windows” and facilities at businesses in the Main Street Zoning District within the Town of Queensbury under certain prescribed conditions; and 2) adopt provisions for determining setback requirements for corner lots abutting Main Street in the Main Street Zoning District, all substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to send a copy of this Resolution and a copy of the approved Local Law No.: 4, of 2016 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to submit approved Local Law No.: 4, of 2016 to the New York State Secretary of State for filing, 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, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately. REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 477 th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES : None ABSENT : None LOCAL LAW NO.: 4, OF 2016 A LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO: 1) PROVIDE FOR “DRIVE THROUGH WINDOWS” IN SOME AREAS OF MAIN STREET ZONING DISTRICT AND 2) ADOPT FRONT SETBACK REQUIREMENTS ON SIDE STREETS OF CORNER LOTS OF MAIN STREET ZONING DISTRICT BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Intent; Authority – The Town Board wishes to provide for drive-through windows in some areas of the Main Street Zoning District within the Town of Queensbury under certain prescribed conditions and wishes to establish provisions for determining setback requirements for corner lots abutting Main Street in the Main Street Zoning District. This Local Law is adopted pursuant to New York Municipal Home Rule Law. Section 2. Amendment of Zoning Law – Chapter 179 of the Queensbury Town Code, entitled “Zoning” and known as the “Town of Queensbury Zoning Law” is hereby amended as follows: A. Section 179-2-010, ” entitled “Definitions and word usageis amended to add a new definition in subsection (C) as follows: C. DRIVE-THROUGH WINDOW – Facilities that by design, structure, service, or by packaging procedures encourages or permits customer to receive services, obtain goods, or be entertained while remaining in their motor vehicles. B. Section 179-3-040, ” entitled “Establishment of zoning districtssubsection (B) “Commercial districts,” subsection (5) “Main Street” is amended at section (b)\[2\] as follows: (b) Dimensional requirements. All uses in this district must comply with the requirements of Table 1 of this chapter and as follows (Note that all are minimum requirements except building height and size which are maximum restrictions.): REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 478 \[1\] (Reserved) \[2\] Front yard setback: A.40 feet to 100 feet as measured from the center line of Main Street. See related building height minimums below and §179-7-070(B)(1)(c). The building do not have setback for buildings and lots that are not located along frontage on Main Street is 20 feet as measured horizontally from the property line. Corner lotsabutting Main Street shall be deemed to have two front yards: B. one front yard on the side of the lot adjacent to Main Street and the other front yard on the side of the lot adjacent to the street, road or public right- of-way intersecting Main Street. The required building setback for the front yard adjacent to Main Street shall be as specified in §179-3- 040(B)(5)(b)(2)(A), above. The required building setback for the front yard adjacent to the street or road intersecting Main Street shall be equal to the actual distance as measured horizontally from the building, or proposed building, to the property line on the side of the lot adjacent to Main Street. The setback requirements for the other sides of such corner lots shall be consistent with §179-4-070. (See §179-4-070(B), Corner lots fronting on Main Street). C. Section 179-4-070, ” entitled “Lots bounded by two roads or road and shorelineis amended to add a new section (B) as follows: A. The definitions of front, rear and side yard notwithstanding, where a lot is bounded by two roads (a public road or public right-of-way exclusive of a private right-of-way), or a road and a shoreline, any front yard or setback requirements set forth in this chapter shall be met on both such boundaries. Both areas or sides of the lot adjacent to each road or shoreline shall be considered front yards for chapter compliance purposes. The remaining areas shall be considered rear yards. The lot will be treated as if it had no side yards, but only front and rear yards, for zoning compliance purposes. B. Corner lots fronting on Main Street. Where a lotis bounded by Main Street and an intersecting street or road (a public road or public right-of-way exclusive of a private right-of-way), front yards and front setback requirements shall be determined in accordance with the requirements of §179-3- REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 479 040(B)(5)(b)(2). The property line abutting and shared with an adjacent property also fronting on Main Street shall be considered a side lot line. The property line abutting and shared with an adjacent property which also has frontage on the street or road intersecting with Main Street shall be considered a rear lot line. (See Figure X below). Figure X: Corner lots in the Main Street zoning district D. Section 179-7-070 , entitled “Main Street (MS),” is amended to add a new subsection (5) as follows: B. Site organization. (5) Drive-through windows. (a) Drive-through window facilities may be approved in the Main Street district when developed in accordance with the following standards of this section: \[1\] Any drive-through window shall have an exit lane onto a town road serviced by a signalized intersection. Drive-through windows where traffic exits directly on to Main Street/CR28 are prohibited. \[2\] A traffic study shall be required describing peak hours of operations, volume of customers per hour, stacking lane length REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 480 needed for the anticipated volume of drive through vehicles, turning movements, roadway capacity and level of service of nearby street intersections. \[3\] Drive-through lanes shall be clearly defined by pavement markings and directional signage. \[4\] Ingress, egress and stacking spaces shall not adversely affect: a. The safe use of the required fire lanes, parking spaces and their required drive lanes. b. Vehicular and non-vehicular traffic circulation and safety both on-site and on adjacent public right-of-ways. C. Section 179-7-070 , entitled “Main Street (MS),” subsection (F) “Architectural design,” subsection (3) “Façade treatment and fenestration” is amended to delete subsection (l) as follows: (l) Drive-through windows are prohibited beyond 500 feet from the right-of- way for Interstate 87. Section 3.Severability – The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 4.Repealer – All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. Section 5.Effective Date – This Local Law shall take effect upon filing by the office of the New York State Secretary of State or as otherwise provided by law. PUBLIC HEARING New York STATE OF COMMUNITY RENEWAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PUBLICATION DATE: MAY 6, 2016 PRESENT BOB MURRAY FROM SHELTER PLANNING REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 481 PUBLIC HEARING OPENED MR. MURRAY-The Town of Queensbury was awarded a Community Block Grant several years ago to provide economic development to citizens to a local business Davidson Brothers expansion. That program is required to have a public process, which involved a public hearing before the application. Requirements now include and require that at the completion of the program that the Town holds a second public hearing to basically provide results of the grant application and the project. This is a required public hearing to complete the program, which was very successful at providing the assistance it was intended to in its assist to a local business. The project is completed and closed and the grant award was made and the grant fund was provided to the Company. This is the last step in the process to close out that particular program. It is just a requirement to have the hearing. You have to keep a record who is at the Town Board Meeting and who is at this hearing and there won’t be any other further activity or action required by the Town. There is certainly an opportunity for the public to comment on that program if they chose, if not you’re done. SUPERVISOR STROUGH-So we have a public hearing on this, but they require two public hearings. There is no action that needs to be taken by this Board or anything. It is just the fact that we are allowing a second public hearing. MR. MURRAY-We are allowing the public to make a comment if they chose. SUPERVISOR STROUGH-Is there anybody here that wishes to speak to this? GEORGE WINTERS, 4 JOHN CLENDON ROAD, QUEENSBURY-At the other public hearing meeting that we had on this the Davidson Brothers they were supposed to create six (6) new jobs. My question is did those six (6) jobs get created? One thing I think about these programs they never follow up and see if they do create the jobs that they are supposed to. SUPERVISOR STROUGH-I will ask Mr. Murray that. MR. MURRAY-Do you want me to comment on that? SUPERVISOR STROUGH-Yes. MR. MURRAY-Absolutely. The application required that they create four (4) jobs. SUPERVISOR STROUGH-Four (4) jobs. MR. MURRAY-We did not requisition the money until the Davidson Brothers provided adequate documentation to state that those four (4) jobs had been created. SUPERVISOR STROUGH-Okay. MR. MURRAY-That was the basis for the grant disbursement to the Town. SUPERVISOR STROUGH-Okay. George is that the only question? MR. WINTERS-Thank you. That’s my question. TRAVIS WHITEHEAD, QUEENSBURY-I really had the same question as George had. I haven’t heard whether those six (6) new jobs were created or not. I do have concerns about these types of projects. Again they do not follow through. They do not go ahead and say, this is what happened. In this case the Warren County IDA actually built that brewery for them because of that that they pay no State taxes on construction materials and stuff like that. The PILOT was negotiated, which reduced school taxes greatly for a period of years, which will continue for a while. There are a lot of benefits for a Company that seems to be doing pretty well on their own. Later on you are going to be discussing, I mean taking resources away from the School is something you ought to be thinking about. In a couple minutes I will be back here to talk about that subject. REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 482 COUNCILMAN IRISH-Travis before you move on. The school has to agree with the PILOT Agreement. MR. WHITEHEAD-I understand. Just like George I would like to hear what happened. COUNCILMAN IRISH-Sure. MR. WHITEHEAD-I like to hear about the six (6) jobs whatever. SUPERVISOR STROUGH-Okay. MR. WHITEHEAD-Thank you. SUPERVISOR STROUGH-Anybody else, members of the public wish to speak to this at this public hearing? Bob anything else you want to say? I think that the Davidson Brothers built their own building. I think we helped them a little bit with this grant. Again the jobs were created and we have documentation of all that correct? MR. MURRAY-That is correct. The Grant didn’t pay for the building. The Grant paid for the equipment, some equipment. SUPERVISOR STROUGH-Just only some. MR. MURRAY-Just a small portion. SUPERVISOR STROUGH-I know that, but we want to get the information accurate. PUBLIC HEARING CLOSED 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT -3 MINUTES) TRAVIS WHITEHEAD, QUEENSBURY-Spoke regarding Resolution In Support of Queensbury School Board Decision. GEORGE WINTERS, 4 JOHN CLENDON ROAD, QUEENSBURY-Spoke regarding Resolution in Support of Queensbury School Board Decision. JOHN SALVADOR-Spoke regarding Resolution in Support of Queensbury School Board Decision. WARREN COUNTY SUPERVISOR AT LARGE –RACHEL SEEBER-Spoke regarding Resolution in Support of Queensbury School Board Decision. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS COLLABORATIVE RESOLUTION NO.: 185, 2016 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 483 WHEREAS, the Town of Queensbury has received a request for membership and funding from the Glens Falls Collaborative regarding the Glens Falls Collaborative’s creation of maps, panels, ads and promotion brochures which will in part promote the Town of Queensbury, City of Glens Falls and their businesses and amenities, at various City events in 2016, such funds to be from Warren County occupancy tax revenues received by the Town, and WHEREAS, such events with respective maps and brochures will help to attract a significant number of people to the Town of Queensbury, City of Glens Falls and the general community, thereby serving as an economic development tool for tourism in Queensbury and the surrounding area, WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Glens Falls Collaborative in the amount of $1,500 for membership in the Glens Falls Collaborative and panel, logo placement and other recognitions on event promotion brochures, ads and maps, with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Glens Falls Collaborative substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $1,500 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES : None ABSENT:None REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 484 RESOLUTION AUTHORIZING HIRING OF SEASONAL EMPLOYEES TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. : 186, 2016 INTRODUCED BY Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Brian Clements WHEREAS, the Town of Queensbury’s Department of Parks and Recreation has requested Town Board authorization to hire Celia Brown and Emily Lovering to work part-time for the Department on a seasonal basis, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives and:  Celia Brown is the daughter of Director of Planning, Zoning and Code Compliance, Craig Brown; and  Emily Lovering is the daughter of Parks & Recreation Director, Steven Lovering; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of the above-named employees to work for the Town’s Department of Parks and Recreation on a part-time, th seasonal basis effective on or about May 17, 2016, to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation, Recreation Program Supervisor/Q-Club Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES : None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF $1,500 DONATION FROM ADIRONDACK SOCCER CLUB INC. DBA NORTHERN UNITED SOCCER CLUB FOR TOWN RECREATION DEPARTMENT’S SOCCER GOAL PURCHASE REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 485 RESOLUTION NO.: 187, 2016 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Adirondack Soccer Club, Inc. DBA Northern United Soccer Club has offered to donate $1,500 to the Town of Queensbury Parks and Recreation Department towards the purchase of a new set of soccer goals at the Ridge Jenkinsville Park, and WHEREAS, the Town Board is honored by this generous offer, feels that such donation will benefit Town residents, and therefore wishes to approve and authorize such donation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the donation of $1,500 from the Adirondack Soccer Club, Inc., DBA Northern United Soccer Club towards the Town Parks and Recreation Department’s purchase of a new set of soccer goals at the Ridge-Jenkinsville Park, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to deposit the donation and increase the Recreation Programs Expense Account No.: 001-7110-4824 by $1,500 and the Gifts and Donations Revenue Account No.: 001-0000-52705 by $1,500, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town’s Director of Parks and Recreation to send a certified copy of this Resolution to the Adirondack Soccer Club, Inc., DBA Northern United Soccer Club with a letter from the Town thanking the Club for its generosity. th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES : None ABSENT: None REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 486 RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 188, 2016 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town’s Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager, to be sold as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Item Serial No. Dept Rotary Generator 58852-LN Recreation HP Laser Jet Printer JPSD261080 Clerk NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete as follows: Item Serial No. Dept Rotary Generator 58852-LN Recreation REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 487 HP Laser Jet Printer JPSD261080 Clerk and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus items and all Town proceeds from the sales shall be deposited into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES : None ABSENT : None RESOLUTION TO AMEND 2016 BUDGET RESOLUTION NO.: 189, 2016 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 488 WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2016 Town Budget as follows: From To Code Appropriation Code Appropriation $ 004-5142-1010 Wages 004-5142-4641 Road Salt 3,700 047-0000-0909 Fund Balance 047-8320-4400 Misc. Contractual 3,000 th Duly adopted this 16 day of May, 2016 by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES : None ABSENT : None RESOLUTION APPOINTING AMANDA MOHR TO TOWN OF QUEENSBURY RECREATION COMMISSION RESOLUTION NO. 190, 2016 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Recreation Commission, and WHEREAS, the Recreation Commission considered and interviewed candidates and recommends the appointment of Amanda Mohr, and WHEREAS, the Town Board wishes to appoint Amanda Mohr to the Recreation Commission, REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 489 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Amanda Mohr to the Town of st Queensbury Recreation Commission with his term to expire on December 31, 2022. th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES : None ABSENT : None RESOLUTION AUTHORIZING SETTLEMENT OF PROPERTY ASSESSMENT CASE FILED BY RICHARD AND JEAN MEYER RESOLUTION NO.: 191, 2016 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, Richard and Jean Meyer (“Petitioners”), filed an Article 7 Real Property Assessment Review case against the Town in 2015 challenging the 2015 assessment on its property located at 245 Cleverdale Road, more specifically identified by its Tax Map Number: 226.16-1-11, and WHEREAS, it appears to be in the best interests of the Town to avoid the significant costs that would result if the litigation continues and goes to trial, and WHEREAS, the Town Assessor recommends proposed settlement terms which have been negotiated with Petitioners, and WHEREAS, it is anticipated that the Lake George Central School District will accept the proposed settlement terms, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 490 RESOLVED, that the Town Board hereby approves the proposed settlement of the assessment case filed by Richard and Jean Meyer for 2015 as follows: 1) The Proceeding challenging the 2015 assessment shall be discontinued without refunds; and 2) The assessed values for the 2016, 2017, 2018 and 2019 assessment years shall be set at $2,190,000; and BE IT FURTHER, RESOLVED, that approval of this Settlement Agreement is contingent upon Town Counsel’s review and approval of the Stipulation of Settlement and Order, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Clerk and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS TH WARRANT OF MAY 17, 2016 RESOLUTION NO.: 192, 2016 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 thth with a run date of May 12, 2016 and a payment date of May 17, 2016, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of May thth 12, 2016 and a payment date of May 17, 2016 totaling $783,216.56, and REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 491 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. th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES : None ABSENT : None RESOLUTION AUTHORIZING HIRING OF MICHAEL BRUNELLE AS TEMPORARY, SEASONAL LABORER TO WORK AT TOWN CEMETERIES RESOLUTION NO. :193, 2016 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Cemetery Superintendent has requested Town Board authorization to hire Michael Brunelle as a Temporary, Seasonal Laborer to work for the Cemetery Department, such employment th proposed to commence on or about May 17, 2016, and WHEREAS, funds for such positions have been budgeted for in the Town Budget, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives and Mr. Brunelle is the nephew of Tim Brunelle, Working Foreman in the Cemetery Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Michael Brunelle as a Temporary, Seasonal Laborer for the Cemetery Department for up to 24 weeks commencing on thth or about May 17, 2016 and concluding on or about October 28, 2016, 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 screenings, and REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 492 BE IT FURTHER, RESOLVED, that such Temporary, Seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 36, 2016 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2016, by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES : None ABSENT: None RESOLUTION IN SUPPORT OF QUEENSBURY SCHOOL BOARD DECISION RESOLUTION NO. 194, 2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury School Board is a duly elected body by the registered voters within the Queensbury School District, and WHEREAS, the School Board and the administration has made the decision to “opt out” of the municipal tax exemption for a project proposed by the City of Glens Falls and Solar City, and WHEREAS, the Queensbury Town Board recognizes the impact to the Queensbury School District’s revenue from taxes is much greater than the impact to Town revenues, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 493 RESOLVED, that the Queensbury Town Board supports the decision of the duly elected representatives to the Queensbury School Board to “opt out” of the municipal tax exemption for the City of Glens Falls proposed property improvements for a solar farm and any other future solar and wind energy projects within the School District boundaries. th Duly adopted this 16 day of May, 2016 by the following vote: AYES : Mr. VanNess, Mr. Metivier, Mr. Clements, Mr. Irish NOES : Mr. Strough ABSENT: None 5.0 CORRESPONDENCE DEPUTY CLERK O’BRIEN-Supervisor’s Monthly Report for April for Building and Codes and Community Development on file in Town Clerks Office. 6.0 PRIVILEGE OF THE FLOOR (LIMIT – 4 MINUTES) WARREN COUNTY SUPERVISOR AT LARGE – RACHEL SEEBER-Spoke to the Board regarding Resolution In Support of Queensbury School Board Decision and the Resolution that was passed a few weeks ago about the creation of a Citizen Advisory Committee to Study and Recommend System of Governance for Warren County asked if these Resolutions will be forwarded both to the School and the County. JOHN SALVADOR, QUEENSBURY-Spoke to the Board regarding the New York State Legislature in anticipation of the State purchasing for the first time a vast acreage of wetlands to be put into the State Forest Preserve for the first time adopted this law. Read the following law Restriction on Alienation of Wetlands to the Town Board, noting that this law is being violated. GEORGE WINTERS, 4 JOHN CLENDON ROAD-Asked the Board if changing the way our County Government works will this be brought up at the County and would a public hearing be held on this. Thinks the government itself could work well, but it doesn’t. I don’t think we should change the whole form of government; it’s just that the government has to work better for the citizens of Queensbury. 7.0 TOWN BOARD DISCUSSIONS WARD IV – COUNCILMAN VANNESS  Robert Boyle, a young man who is a Junior Fireman at West Glens Falls has gone for his Eagle Scout. He has done a Memorial Garden at the Glens Falls Elks Lodge for the remembrance for past members. He built a gorgeous Memorial Flag burning pit with the off the ground walk up blocks, the benches. We will see more about this in the very near future hoping to get ahold of the Post Star, Chronicle for them to take pictures. Congratulated him on a job well done.  I am glad we worked our way through and got the Comprehensive Land Plan taken care of as quickly as we did. I think we are going to see some vast improvements on Main Street. WARD III – COUNCILMAN IRISH  I will not be able attend the Memorial Day Parade; hopefully it will be well attended by the folks in Queensbury and Glens Falls. REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 494  I had an opportunity along with John and Brian to attend the Basket for Ben Memorial Fundraiser for Ben Osborn. His father established a benefit for Ben. It was probably overly attended this year. They did a great job with the auctions that went on. If you get a chance to attend one of those events I highly recommend it. It is well worth going to. It is for a great cause. WARD II – COUNCILMAN CLEMENTS  I want to second the Ben Osborn Event. They also have a book swap at Beans Country Store. th  The Town Board has a Workshop on Wednesday, May 18. There are quite a few things on the agenda that people might be interested in. We will have Water/Wastewater Issues. Storage Use Town Zones. Firing Range Use in Commercial Intensive Zone. Gas Panel LED Signage. Property Transfer Law. Dog Leash Law. Ward Boundaries. Terms Of Office and Term Limits. Funding Requests. WARD I – COUNCILMAN METIVIER  There is a public bike repair stand at Gurney Lane.  Met with residents of Assembly Point last week regarding water issues.  Thanked Supervisor Strough for walking in the March of Dimes Walk for Children. SUPERVISOR STROUGH  Spoke regarding the Queensbury Glens Falls Memorial Day Parade to be held Monday, th May 30, 2016 at 10:00 a.m. Remembrance Ceremony to be held after the Parade.  Announced the Memorial Day Parade Essay and Poster winners from Glens Falls and Queensbury.  Attended the Glens Falls Symphony Fundraiser at the Lake George Club noting there are all kinds of summer activities coming.  Warren County Household Hazardous Waste Day: Saturday, May 21, 2016 at the Warren County DPW Department, Warrensburg from 9:00a.m. To 2:00 p.m. Saturday June 18, 2016 at the Town of Queensbury Highway Department from 9:00 a.m. to 2:00 p.m. They would like you to pre-register so they can get an idea of who is bringing what and when.  Letter received from the Department of Transportation regarding the following roads that will receive paving and geometric improvements, pedestrian ramp upgrades. The roads are Hiland Avenue, Dix Avenue, and Burgoyne Avenue. Lower Warren Street from Route 32 to Route 254. River Street from Route 254 to Quaker Road East for a quarter mile. th  Grand Opening on Thursday, May 19, 2016 at the Great Escape for the new ride, The Grease Lighting.  Ribbon Cuttings to be held for Coleman Factory Outlet Store and the Lake George Baking Company  Thanked Look TV and sponsor, StoredTech. REGULAR TOWN BOARD MEETING, 05-16-2016 , MTG#16 495 RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 195, 2016 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 its Regular Town Board Meeting. th Duly adopted this 16, day of May, 2016 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES: None ABSENT: None MINUTES PREPARED BY DEPUTY TOWN CLERK I, KAREN O’BRIEN RESPECTFULLY SUBMITTED, CAROLINE M. BARBER TOWN CLERK TOWN OF QUEENSBURY