265.2012 Court Action- Mike Barbone East Slope Holding RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION AGAINST MIKE BARBONE
AND/OR EAST SLOPE HOLDING, LP
RESOLUTION NO.: 265, 2012
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, East Slope Holdings, LP owns property at 59 West Mountain Road in the Town
of Queensbury (Tax Map Parcel No.: 307.4-29) and Mike Barbone (Barbone) is the owner and
General Manager of the West Mountain Ski Center(the Ski Center) at the property, and
WHEREAS, the property is in the Town's Recreation Commercial, (RC) Zoning District in
which an Outdoor Concert Event is listed as an allowable use subject to a Special Use Permit obtained
from the Town Planning Board, and
WHEREAS, Barbone is currently advertising to the public that an Outdoor Concert Event will
take place at the Ski Center on October 11th through 14th, 2012 but there is no Special Use Permit in
place that would allow such an event, and
WHEREAS, the Town Board recently learned that there is also a music festival advertised for
September 22nd, 2012 at the Ski Center called "RedNeck Heff est III" which is being promoted as
including overnight camping and on-site tattooing, and
WHEREAS, Barbone has been repeatedly advised of the requirements to obtain a Special Use
Permit but has refused to file a proper application and has indicated in the past that he will not do so,
and
WHEREAS,the deadline to submit an application for the October Planning Board agenda was
August 15th and although Barbone was advised of this deadline, he did not submit an application but
contacted a Town Board member on September e and stated he would submit his application, and
WHEREAS, based upon Barbone's past actions and the statements he has made in the past to
the Town's Zoning Administrator,the Town Board remains concerned that Barbone may proceed with
the advertised event regardless of whether a Special Use Permit is obtained, and
WHEREAS, the advertisements for the events, including the on-site tattooing in
September, indicate that the events will include Transient Merchants or a Transient Merchant
Market and there is no Transient Merchant License in place, and
WHEREAS, the Town is extremely concerned that an event will occur as advertised without
consideration of the numerous factors considered by the Planning Board prior to issuance of a Special
Use Permit and that this will pose a danger to the public, a risk to the environment and have
unacceptable impacts on the neighbors and surrounding community, and
WHEREAS, Queensbury Town Court lacks injunctive power to require compliance with the
Town Code, and
WHEREAS, the Queensbury Town Board wishes to pursue preliminary and injunctive relief,
including obtaining a Temporary Restraining Order if it becomes apparent that Barbone intends to
violate the Town Code and proceed with an unapproved event,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby directs the Town Zoning
Administrator to advise Town Counsel in the event Barbone fails to submit a completed
application for a Special Use Permit sufficient to allow consideration in time for the October l lth
advertised event, and
BE IT FURTHER,
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RESOLVED, that in the event Mike Barbone and/or East Slope Holding, LP proceed with any
event without proper approvals, or in the event that Mike Barbone and/or East Slope Holding, LP
obtain a Special Use Permit for an event but fail and/or refuse to abide by any and all conditions
attached thereto, or to obtain a Transient Merchant License if required, the Town Board hereby
authorizes and directs Town Counsel to pursue action in the Warren County Supreme Court
seeking:
1. A Temporary Restraining Order and other preliminary and permanent relief to prevent
and/or disallow any event that has not been properly permitted at 59 West Mountain Road
or any other site controlled by East Slope Holding LLC or Barbone in the Town; and
2. Fines and penalties, for the willful violation of the Town Code; and
3. An award of attorney's fees and costs required by this action; and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town's Budget
Officer to arrange for payment of any Court and/or litigation costs related to this matter from the
account(s) deemed to be appropriate by the Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Counsel to file
any necessary documentation to commence such proceeding and the Town Supervisor, Town
Counsel, Zoning Administrator and/or Town Budget Officer to take any and all action necessary
to effectuate all terms of this Resolution.
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Duly adopted this loth day of September, 2012,by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: Mr. Metivier
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