2013-04-01- Mtg 15 REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 985
REGULAR TOWN BOARD MEETING MTG. #15
April 1, 2013 RES. 163-181
7:00 PM
TOWN BOARD MEMBERS PRESENT
SUPERVISOR RONALD MONTESI
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
PRESS
POST STAR
LOOK TV
TOWN COUNSEL
MARK SCHACHNER
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER
1.0 PUBLIC HEARINGS
LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 179
"ZONING" RELATING TO MICROBREWERIES AND TAVERNS
NOTICE SHOWN
PUBLICATION DATE: MARCH 22, 2013
SUPERVISOR MONTESI- Well, Mark you're here with us tonight, maybe you can give
an explanation of what we're trying to do.
MARK SCHACHNER, TOWN COUNSEL- Well, I think for the purpose of the public
hearing, there's a proposal to amend our Town Code to allow microbreweries and taverns
of certain types in certain zones. That's been properly advertised and there's no reason
that you can't open and hold the public hearing.
SUPERVISOR MONTESI- Comments on for the public hearing on... I thought maybe,
Mark, we could go through, could we go through the procedure that's going to happen
here
TOWN COUNSEL, SCHACHNER- Sure, I thought you might want to do that after the
public hearing
SUPERVISOR MONTESI- Right
TOWN COUNSEL, SCHACHNER- You want to do it before?
SUPERVISOR MONTESI- Sure
TOWN COUNSEL, SCHACHNER- The procedure that we anticipate, at least, is that
there is a proposed amendment to our Town code to allow microbreweries and certain
types of taverns in certain commercial zones, that public hearing has been noticed, you
can have that public hearing this evening. The public hearing, I'm sorry, the proposed
amendment to our code is also wrapped up in an application that's been filed with our
Planning Board by Davidson Bros. for a facility to be located in an existing property, in
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an existing building on Route 9. Because the two are wrapped up together, the zoning
amendment and the Davidson Bros. proposal are considered one action for the purposes
of New York State Environmental Quality Review Act or SEQRA Review; so the
Planning Board is the agency that looks at the site plan review for the Davidson
application that's already been submitted, but that application obviously can't be
approved until and unless, or really even considered until and unless zoning allows the
proposed use. Zoning doesn't currently allow the proposed use and won't allow the
proposed use until and unless this Board adopts the zoning amendment. Because this is
all wrapped up together,the New York State Environmental Quality Review Act requires
that a Lead Agency be appointed to conduct SEQRA Review, a process you are
somewhat familiar with over the entire ball of wax so to speak. So, the only action that I
think the Board would contemplate taking tonight is you would actually have a choice of
either of two, either you as the Town Board seek to be the SEQRA Lead Agency for the
purpose of conducting SEQRA Review, in which case our Planning Board will have to
agree that you are the Lead Agency; and I think our Planning Board would have the
opportunity to do that on April 16' , which is when it next meets; or if you prefer not to
serve as SEQRA Lead Agency, you could ask instead the Planning Board to serve as
SEQRA Lead Agency, in which case it could accept that role on April 16 '. My
understanding just based on informal discussion is you may prefer the former over the
later, and that's fine if you want to do that. In any event, the only actual action you would
take this evening would be adopt a resolution to either seek SEQRA Lead Agency status
or ask the Planning Board to serve in that role.
COUNCILMAN STROUGH- Perhaps some history...the applicant came to Ron and I
and said, "We would like to start an enterprise here in Queensbury." We said, "Oh that's
good, why?" They said, "Well we would like to open a microbrewery." We said, "Well
that's good, that's interesting." "And we'd like to open over near Skate Land, there's a
building being used, multiple use and it has plenty of parking and we'd like to have our
brewery, a microbrewery, open to the public for tours and things like that, make it a
destination point." We said, "Well that sounds great." They said, "Well there's just one
stickler." We said, "Oh gee, what's that?" "You don't have the word microbrewery with
a definition for microbrewery anywhere in your Town code." Well, I guess you're right;
we just never thought of it. Well, we can amend that, we can make that right. Especially
when you're talking about a commercial zone like Route 9 already is. It seems like
microbrewery and promoting tourism and making a tourist destination and so forth is a
good fit, especially where you're proposing it, it's the old movie theatre. As a matter of
fact, where the projectors used to be up on top, that would be like a public viewing area.
So, they've got plenty of parking and everything. It just seemed to be kind of a good spot
for it. So, we worked with our Zoning Administrator, Craig Brown, looked around at
what other towns have for definitions and what do we need to suite our needs here in
Queensbury. So, they came up with a definition, and some of this is pretty standard, but
just so that you know, a microbrewery is a facility licensed by the New York State Liquor
Authority to produce or brew up to 60,000 barrels of beer annually and to conduct such
other activities as are permitted under a microbrewery license and/or such additional
permits and licenses as may be granted by the Liquor Authority to the holder of the
microbrewery license. In addition, other activities which are ancillary and subordinate to
beer brewing and production operations shall be permitted. Such activities shall include,
but not be limited to: offering tours of the facility to the public, offering beer tastings,
retail sales of beer for off-premises and/or on-premises consumption(subject to receipt of
any licenses or permits required by the Liquor Authority), and/or sales of various
promotional merchandise (including but not limited to shirts, jackets, caps, clocks, signs
and similar items) for the purpose of fostering awareness of the beer brewed on the
premises and/or promoting the brewery, the Town of Queensbury and the surrounding
area, and/or other beers brewed in New York State. So, that's the definition of
microbrewery that we're proposing would be in our Town Code to allow this enterprise
to exist on Route 9, in the place where I just explained.
SUPERVISOR MONTESI- I think we also included winery in there?
COUNCILMAN STROUGH- Taverns. A tavern is, we added to our current definition to
tavern, and we're adding a tavern may include preparation and service of foods or meals,
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for eat-out or eat-in, where such foods or meals are subsidiary to the sale and serving of
alcoholic beverages. Something we didn't have in our Code for taverns, which most
taverns do. All right, so this basically is updating, addressing the needed updates we need
for our Town Code. The matter before us right now is should this Board or the Planning
Board or the Planning Board act as Lead Agency for making this run. I think the
argument among, the consensus among the Town Board is that we are the most familiar
with this particular process. We interviewed the applicants; we dealt with the applicants
in hammering out, and forging this wording of the microbrewery that works for
everybody. So, that's where we are...just a little background.
SUPERVISOR MONTESI- So that should give the public at least the legal reason why
we're here and what we have to do. The logical reason why we're changing it is to allow
and to be business friendly in our community. As I said, the public hearing is open if
there are any comments that would like to be recorded, feel free to come up to the
microphone. If not, I will close the public hearing and the resolution that is before us is
for the Queensbury Town Board to go for Lead Agency.
RESOLUTION SEEKING SEQRA LEAD AGENCY STATUS REGARDING
AMENDMENT OF QUEENSBURY TOWN CODE CHAPTER 179
"ZONING" RELATING TO MICROBREWERIES AND TAVERNS AND
TRIBALS, LLC -DAVIDSON BROTHERS'
SITE PLAN REVIEW APPLICATION
RESOLUTION NO.: 163,2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2013 to
amend Queensbury Town Code Chapter 179, entitled"Zoning,"to clarify the definition of"tavern"
and add a definition for"microbrewery" and to allow taverns and microbreweries in certain areas of
the Town and provide specific standards for issuance of Special Use Permits for taverns, and
WHEREAS, Tribals, LLC — Davidson Brothers has submitted an application to the Town
Planning Board for Site Plan Review for a microbrewery project, and
WHEREAS, together these proposals constitute an "Action" for purposes of review under
the New York State Environmental Quality Review Act(SEQRA), and
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WHEREAS, the Action is a SEQRA Type I Action, requiring Coordinated Review among
the Involved Agencies, and
WHEREAS, the Town Board is duly qualified to act as Lead Agency for compliance with
'SEQRA which requires environmental review of certain actions undertaken by local governments,
and
WHEREAS, in accordance with the Coordinated Review procedures of SEQRA, the Town
Board wishes to be designated as SEQRA Lead Agency for the proposed Action,
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby indicates its wish to be Lead Agency
for SEQRA review of the Action referenced to in the preambles of this Resolution and authorizes
and directs the Town Clerk to send a copy of the Environmental Assessment Form Part I presented
at this meeting, along with a certified copy of this Resolution stating the Town Board's intention to
be declared Lead Agency, to any and all communities or agencies that it is necessary to give written
notice to in accordance with New York State Town Law.
Duly adopted this 1st day of April,2013, by the following vote:
AYES: Mr. Metivier,Mr. Clements, Mr. Strough, Mr. Brewer,Mr. Montesi
NOES: None
ABSENT:None
DISCUSSION HELD AFTER VOTE:
COUNCILMAN BREWER- Questioned Town Counsel as to the next step in the process.
TOWN COUNSEL, SCHACHNER- Explained that if the Planning Board, on April 16tt'° agrees to
the Town Board being SEQRA Lead Agency, the Town Board would then conduct the SEQRA
Review presumably at the May 6th meeting. The applicant would then, assuming that everything is
going favorably, go back to the Planning Board at either of the Planning Board's May meetings for
their Site Plan Review.
2.0 RESOLUTIONS
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 989
RESOLUTION APPOINTING CURRENT ALTERNATE MEMBER
JOHN HENKEL AS REGULAR MEMBER OF
QUEENSBURY ZONING BOARD OF APPEALS
RESOLUTION NO.: 164, 2013
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury previously established the Town of Queensbury
Zoning Board of Appeals (ZBA) in accordance with applicable New York State law, and
WHEREAS, by Resolution No.: 106,2013, the Town Board appointed John Henkel as an
alternate member of the Zoning Board, and
WHEREAS, a regular Zoning Board vacancy exists and therefore the Town Board wishes to
appoint Mr. Henkel to serve as a regular member of the Zoning Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints John Henkel to serve as a
regular member of the Town's Zoning Board of Appeals until his term expires on December 31St
2018.
Duly adopted this 1St day of April, 2013, by the following vote:
AYES: Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING RAGNAR EVENTS, LLC TO CONDUCT
RAGNAR RELAY ADIRONDACKS 200 MILE OVERNIGHT RUNNING
RELAY RACE PARTIALLY WITHIN TOWN OF QUEENSBURY
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 990
RESOLUTION NO.: 165,2013
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, Ragnar Events, LLC has requested permission to conduct a 200 mile overnight
running relay race partially within the Town of Queensbury as follows:
SPONSOR: Ragnar Events,LLC
EVENT: Ragnar Relay Adirondacks 200 mile overnight running
Relay Race from Saratoga Springs to Lake Placid,NY
(January 10th,2013 letter describing the event presented at
this meeting)
DATE: September 27th-28th, 2013
TIME: Approximately 12:30 p.m. on Friday, September 27th, 2013 —
approximately 1:30 a.m. on Saturday, September 28th, 2013
PLACE: Runners will be on the Warren County Bikeway from Glens
Falls until Ash Drive, Queensbury, where they will take a
left and follow Glen Lake Road to meet the next runner in
the parking lot of the Warren County Municipal Center.
Next runner will run back down Glen Lake Road where they
will rejoin the bikeway and continue on it until the end at
Million Dollar Beach, Major Exchange Point 912, Lake
George
NOW, THEREFORE,BE IT
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RESOLVED, that the Queensbury Town Board hereby approves Ragnar Events, LLC's
Ragnar Relay Adirondacks 200 mile overnight running Relay Race to be held on September 27th—
28t1i, 2013 as generally described in the January 10th, 2013 letter to the Town Supervisor presented
at this meeting and subject to: 1) approval by the Town Highway Superintendent which approval
may be revoked due to concern for road conditions at any time up to the date and time of the event;
and 2) the Town's receipt of proof of proper insurance from Ragnar Events, LLC to conduct the
race partially within the Town of Queensbury.
Duly adopted this 1st day of April, 2013, by the following vote:
AYES: Mr. Strough,Mr. Brewer, Mr. Montesi,Mr. Metivier, Mr. Clements
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OF OBSOLETE VEHICLES AND EQUIPMENT
RESOLUTION NO.: 166, 2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, in accordance with New York State Town Law §64(2), the 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
vehicles and items from various Departments which are considered to be surplus, and
WHEREAS, the Budget Officer advised the various Town Departments of the surplus
vehicles and items and did not receive any requests from the Departments for such surplus vehicles
and items and therefore has requested Town Board authorization to sell the surplus vehicles and
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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 vehicles and items provided by the various
Town Departments:
Description Asset No. Serial Number Dept.
2003 Chevrolet Astro Van 4136 1GCDL19X03B142808 Animal Control
Parks and
2008 Milwaukee Compact Driver 8832 B30AD08323593 Recreation
Parks and
2007 Milwaukee Impact Driver 8835 B55AD08322686 Recreation
Parks and
2008 Milwaukee Impact Driver 8836 B23A507430197 Recreation
Parks and
2008 Milwaukee Impact Driver 8831 B59AD08294059 Recreation
Parks and
2008 Milwaukee Impact Driver 8833 B54AD08341357 Recreation
2006 Hewlett Packard Large Scale Information
Scanner/Printer 4297 DK65VIIOOF Techology
1992 Hanson General Products Parks and
Snow Thrower n/a 191192 Recreation
1992 Sweepster Grass/Leaf Parks and
Collector 3281 931171 Recreation
Parks and
1989 Kifco Water Cannon Reel 2674 11400 Recreation
Parks and
2010 John Deere Tractor 8904 1003312D18950 Recreation
Parks and
2004 Highlander Sander 4203 BS-16-17-H-8289-b061 Recreation
Parks and
1990 Craftsman Band Saw 3064 113248320 Recreation
Parks and
2002 Husqvarna Hover Mower n/a 33100221 Recreation
1997 Chevrolet Pick-Up Truck 3547 1GCGK24R4VE268556 Water
1995 Ford Ranger Pick-Up Truck 3420 1FTCRIOUXSTA54659 Water
1999 Jeep Cherokee 3695 1J4FF28S7XL634533 Water
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1990 Dodge Pick-Up Truck 2846 1B7KM26Z3LS698952 Water
2008 Hewlett Packard Laser Jet Information
Printer 8725 SCN139L18689 Techology
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus
vehicles and items that are no longer needed by the Town or obsolete as follows:
Description Asset No. Serial Number Dept.
2003 Chevrolet Astro Van 4136 1GCDL19X03B142808 Animal Control
Parks and
2008 Milwaukee Compact Driver 8832 B30AD08323593 Recreation
Parks and
2007 Milwaukee Impact Driver 8835 B55AD08322686 Recreation
Parks and
2008 Milwaukee Impact Driver 8836 B23A507430197 Recreation
Parks and
2008 Milwaukee Impact Driver 8831 B59AD08294059 Recreation
Parks and
2008 Milwaukee Impact Driver 8833 B54AD08341357 Recreation
2006 Hewlett Packard Large Scale Information
Scanner/Printer 4297 DK65VII00F Techology
1992 Hanson General Products Parks and
Snow Thrower n/a 191192 Recreation
1992 Sweepster Grass/Leaf Parks and
Collector 3281 931171 Recreation
Parks and
1989 Kifco Water Cannon Reel 2674 11400 Recreation
Parks and
2010 John Deere Tractor 8904 1003312DI8950 Recreation
Parks and
2004 Highlander Sander 4203 BS-16-17-H-8289-b061 Recreation
Parks and
1990 Craftsman Band Saw 3064 113248320 Recreation
2002 Husqvarna Hover Mower n/a 33100221
Parks and
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Recreation
1997 Chevrolet Pick-Up Truck 3547 1GCGK24R4VE268556 Water
1995 Ford Ranger Pick-Up Truck 3420 1FTCRIOUXSTA54659 Water
1999 Jeep Cherokee 3695 1J4FF28S7XL634533 Water
1990 Dodge Pick-Up Truck 2846 1B7KM26Z3LS698952 Water
2008 Hewlett Packard Laser Jet Information
Printer 8725 SCN139L18689 Technology
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 vehicles and items, and
BE IT FURTHER,
RESOLVED, that all Town proceeds from the sales shall be deposited into the appropriate
revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may
be necessary to effectuate the terms of this Resolution.
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 995
Duly adopted this 1st day of April, 2013, by the following vote:
AYES: Mr. Brewer,Mr. Montesi,Mr. Metivier, Mr. Clements,Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING THE NAMING OF HAYLOR, FREYER &
COON, INC., AS "BROKER OF RECORD" FOR THE TOWN OF
QUEENSBURY'S WORKERS' COMPENSATION POLICIES WITH
THE NEW YORK STATE INSURANCE FUND
RESOLUTION NO.: 167,2013
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the Queensbury Town Board wishes to authorize the naming of Haylor, Freyer
& Coon, Inc. (HFC) as "Broker of Record" relating to the Town of Queensbury's Workers'
Compensation Policies with the New York State Insurance Fund, and
WHEREAS, a Broker Service Agreement has been presented at this meeting and is in form
acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the naming
of Haylor, Freyer& Coon, Inc. as Broker of Record relating to the Town of Queensbury's Workers'
Compensation Policies with the New York State Insurance Fund, and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
sign the Broker Service Agreement substantially in the form presented at this meeting and any other
documentation and the Town Supervisor and/or Budget Officer to take all actions necessary to
effectuate the terms of this Resolution.
Duly adopted this 1st day of April, 2013, by the following vote:
AYES: Mr.Montesi,Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND QUEENSBURY LITTLE LEAGUE, INC.-
HOSTING OF 2013 CAL RIPKEN BASEBALL STATE
CHAMPIONSHIP TOURNAMENT
RESOLUTION NO.: 168,2013
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the Town of Queensbury has received a request for funding in the amount of
$7,500 from Queensbury Little League, Inc., which will be hosting the Cal Ripken Baseball State
Championship Tournament in the Town of Queensbury in July,2013, and
WHEREAS, such event is expected to draw hundreds of participants and supporters to the
Town of Queensbury and the surrounding area's hotels and motels, restaurants, stores and other
businesses, thereby benefiting the general economy of the Town and all of Warren County, and
WHEREAS, by prior Resolution, 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
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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 Queensbury Little League, Inc.,
in the amount of$7,500 with occupancy tax revenues received from Warren County, and
WHEREAS, a proposed Agreement between the Town and Queensbury Little League, Inc.,
has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to
Queensbury Little League, Inc., for hosting the Cal Ripken Baseball State Championship
Tournament in the Town of Queensbury in July, 2013 and authorizes the Agreement between the
Town and Queensbury Little League, Inc., substantially in the form presented at this meeting, and
authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed
the sum of 7,500 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 the Town Board authorizes and directs the Town Budget Officer to
amend the Town Budget and/or take any actions needed to provide for such payment, and
BE IT FURTHER,
RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming
that the Town has unallocated occupancy tax funds available from Warren County.
Duly adopted this 1 St day of April,2013, by the following vote:
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 998
AYES: Mr. Metivier,Mr. Clements, Mr. Strough,Mr. Brewer, Mr. Montesi
NOES: None
ABSENT: None
RESOLUTION APPROVING YEAR 2012 SERVICE AWARD PROGRAM
RECORDS FOR QUEENSBURY VOLUNTEER FIRE COMPANIES
RESOLUTION NO.: 169, 2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board previously authorized engagement of PENFLEX,
Inc., to provide the 2012 Standard Year End Administration Services for the Town's Volunteer Fire
Companies and Volunteer Ambulance Workers Service Award Programs, and
WHEREAS, as part of the Service Award Program(s), it is necessary that the Town Board
approve the Fire Companies' and Emergency Squads' Year 2012 Service Award Program Records,
and
WHEREAS,the Town Supervisor's Office has received and reviewed the records from each
of the Town's five(5)Volunteer Fire Companies and found them to be complete, and
WHEREAS, the Town Board wishes to approve these records,
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby approves the 2012 Volunteer Fire
Company Service Award Program Records for each of the Town's five (5) Volunteer Fire
Companies, and
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 999
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution.
Duly adopted this 1St day of April,2013,by the following vote:
AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION TO AMEND 2012 BUDGET
RESOLUTION NO.: 170, 2013
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
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 2012 Town Budget as follows:
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1000
From To
Code Appropriation Code Appropriation $
Healthcare
002-9060-8063 Reimbursement 002-9080-8080 Vacation Accrual 1,585
Healthinsurance
032-9060-8060 Premium 032-9080-8080 Vacation Accrual 1,750
Duly adopted this lst day of April,2013, by the following vote:
AYES: Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier, Mr. Clements
NOES: None
ABSENT: None
RESOLUTION TO AMEND 2013 BUDGET
RESOLUTION NO.: 171, 2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the following Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting practices by the
Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Accounting Office to take all action necessary to amend the 2013 Town Budget as follows:
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1001
From To
Code Appropriation Code Appropriation $
004-5130-4410 Fuel 004-5142-4641 Ice Melt 22,000
035-8120-4300 Electricity 035-8110-4130 Town Counsel 500
036-8120-4300 Electricity 036-8110-4130 Town Counsel 600
Duly adopted this 1st day of April, 2013, by the following vote:
AYES: Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING RENEWAL OF AGREEMENT WITH
EMERGENCY MANAGEMENT RESOURCES, LLC FOR PROCESSING
OF BILLING AND COLLECTION OF EMERGENCY SERVICES
RESOLUTION NO.: 172, 2013
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, by Resolution No.: 179,2008, the Queensbury Town Board authorized
engagement of Emergency Management Resources, LLC (EMR) for provision of the billing and
collection of emergency services, and
WHEREAS, by Resolution No.: 250,2010, the Town Board authorized a renewal of the
Agreement with EMR for 24 additional months by execution of a Memorandum of Understanding,
and by Resolution No.: 167,2012 again authorized a renewal of the Agreement for an additional one
year period — from July 1St, 2012 — June 30th, 2013 - by execution of a Memorandum of
Understanding, and
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1002
WHEREAS, the Town Purchasing Agent and Budget Officer have recommended that the
Town Board again renew its services with EMR for a two (2) year period— from July 1 st, 2013 —
June 30th, 2015, and the Town Board concurs with such recommendation,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes a two (2) year renewal
of its current Agreement with Emergency Management Resources, LLC (EMR) for provision of
the billing and collection of emergency services from July 1st, 2013 —June 30t1i, 2015, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any needed Memorandum of Understanding or Agreement with EMR for such services
in form acceptable to the Town Supervisor, Purchasing Agent, Budget Officer and/or Town
Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Purchasing Agent, Budget Officer and/or Town Counsel to take any other action necessary to
effectuate the terms of this Resolution.
Duly adopted this 1st day of April, 2013 by the following vote:
AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1003
RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO
NORTH QUEENSBURY RESCUE SQUAD, INC.
RESOLUTION NO.: 173, 2013
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, general emergency ambulance services are provided to the Town of
Queensbury by the Bay Ridge Rescue Squad, Inc.,North Queensbury Rescue Squad, Inc., and West
Glens Falls Emergency Squad, Inc., in accordance with agreements between each Rescue Squad
and the Town, and
WHEREAS, the Town's Agreement with the North Queensbury Rescue Squad, Inc.,
(Squad) expired on December 31, 2012, and
WHEREAS, in such Agreement the Town and Squad agreed that the terms and provisions
of the existing Agreement may continue during the interim period pending execution of a new
Agreement, and
WHEREAS, by Resolution No.: 52,2013, the Town Board authorized payment vouchers
constituting 1/12th of the 2012 Contract Amount(s) for January and February to the Squad under
the current Agreement, which payments constituted advance payments on the new general
emergency ambulance services 2013-2014 Agreement, and
WHEREAS, the Squad may face cash flow shortages before the new Agreement can be
executed and therefore the Town Board wishes to authorize advance payments under the current
Agreement, which if new Agreement is entered into will constitute advance payments on the 2013-
2014 Agreement to the Squad, such advances to be deducted from contract payments to be paid if
and after the 2013-2014 Agreement is ratified,
NOW,THEREFORE,BE IT
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1004
RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to
approve payment vouchers for 1/12th of the total 2012 Operations, Insurance and Debt Service
Contract Amount(s) to the North Queensbury Rescue Squad, Inc., (Squad) during March and April,
and for 1/12th of the Squad's paid daytime service costs during, March, April and reimburse the
Squad for actual monies expended for paid staffing upon presenting paid staffing invoices for the
period of May 1St through May 12th, 2013, under the current Agreement, which payments will
constitute advance payment on the new general emergency ambulance services 2013-2014
Agreement if such Agreement is entered into, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and
Town Budget Officer to make the necessary arrangements to make such payments which are
authorized under the current Agreement and take such other and further action as may be necessary
to effectuate the terms of this Resolution.
Duly adopted this 1st day of April, 2013, by the following vote:
AYES: Mr.Metivier,Mr. Clements, Mr. Strough,Mr. Brewer, Mr. Montesi
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
AMENDMENT TO EMERGENCY PROTECTION SERVICES
AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND: 1) BAY
RIDGE RESCUE SQUAD, INC. AND 2) WEST GLENS FALLS
EMERGENCY SQUAD, INC. REGARDING CERTAIN ISSUES
INCLUDING INCREASE OF AGENCY PAY RATES AND STAFFING
RESOLUTION NO.: 174, 2013
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1005
WHEREAS, in accordance with Town Law §184, the Queensbury Town Board (Town)
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 Town has encountered increased emergency calls, particularly from senior
housing, and
WHEREAS, the Town Board has determined that there is a need for increased staff
coverage and pay to provide greater coverage for the safety of Town residents, and
WHEREAS, the Town Board has determined that increased pay is necessary to retain and
maintain qualified paid staff, and
WHEREAS, the Town has entered into Agreements for emergency protection services with
the Bay Ridge Rescue Squad, Inc. and West Glens Falls Emergency Squad, Inc_, (Squads) for 2012
through 2014, and
WHEREAS, the Town and Squads have negotiated and agreed upon terms to amend such
Agreements concerning the following issues so that the Town can provide better coverage to Town
residents:
1. Increase pay rates for all Town of Queensbury Emergency/Rescue Squads from
$13.25 to $14.50 hourly for staffers with Basic Life Support (BLS) training; and
$16.50 to $17.50 hourly for staffers with Advanced Life Support(ALS)training;
2. West Glens Falls EMS will receive additional funding for paid staffing to add one
(1) ALS/1BLS crew to its staffing and agrees to position that crew in the North
Queensbury Emergency Squad, Inc.'s building from Memorial Day through
Labor Day each year, such crew then to be positioned as needed for the rest of
each year (all paid staffing moneys will be removed from future agreements with
North Queensbury EMS);
3. Paid staffing will be 12 hours a day/7 days a week, with exact hours to be
determined by each Squad;
4. Each Squad will remind their paid staff and volunteers that all patients must be
billed and the Town will not tolerate EMS Staff and/or patients making statements
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1006
regarding ignorance of such bills. Patients unable to pay due to limited income
may contact the billing company for a hardship application; and
WHEREAS, since such expenses for the increase in pay rates and/or additional staffing are
not presently included in the Squads' 2012-2014 Agreements with the Town, the Town Board
wishes to set a public hearing concerning such additional services and expenses and coinciding
amendments to the Squads' Agreements,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning
the proposed Amendment to the Agreements between the Town of Queensbury and the Bay Ridge
Rescue Squad, Inc. and West Glens Falls Emergency Squad, Inc., regarding the inclusion of
additional services and expenses delineated in the preambles of this Resolution on Monday, April
15th, 2013 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, 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 1st day of April, 2013, by the following vote:
AYES: Mr. Clements,Mr. Strough,Mr. Brewer,Mr.Montesi, Mr.Metivier
NOES: None
ABSENT:None
RESOLUTION SETTING PUBLIC HEARING ON YEAR 2013-2014
EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN
OF QUEENSBURY AND NORTH QUEENSBURY RESCUE SQUAD, INC.
RESOLUTION NO.: 175,2013
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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
North Queensbury Rescue Squad,Inc. (Squad) expired on December 31, 2011, 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 2013-2014 Agreement for emergency ambulance service,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning
the proposed 2013-2014 emergency ambulance services Agreement between the Town of
Queensbury and the North Queensbury Rescue Squad, Inc., on Monday, April 15th, 2013 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.
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1008
Duly adopted this 1st day of April,2013, by the following vote:
AYES: Mr. Strough,Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements
NOES: None
ABSENT: None
RESOLUTION APPOINTING KYLE NOONAN TO
BOARD OF ASSESSMENT REVIEW
RESOLUTION NO.: 176, 2013
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
Board of Assessment Review in accordance with applicable New York State law, and
WHEREAS, a vacancy exists on the Town's Board of Assessment Review and the Town
Board therefore wishes to appoint Kyle Noonan to fill such vacancy,
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Kyle Noonan to serve as a
member of the Town of Queensbury Board of Assessment Review with his term to expire
September 3&, 2016 in accordance with New York State Real Property Tax Law §523.
Duly adopted this 1 st day of April, 2013, by the following vote:
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1009
AYES: Mr. Brewer,Mr. Montesi,Mr. Metivier, Mr. Clements Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING PROMOTION OF SCOTT JARVIS FROM
LABORER TO WATER DEPARTMENT MECHANIC
RESOLUTION NO.: 177, 2013
INTRODUCED BY: Mr.John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury's Water Superintendent has advised that there is a
promotion available in the Water Department Mechanic position, and
WHEREAS, Scott Jarvis is currently a Laborer in the Water Department in accordance with
Town Board Resolution No.: 264,2012, and Mr. Jarvis applied for such promotion, and
WHEREAS, the Town Water Superintendent has recommended that the Town Board
authorize the promotion of Scott Jarvis from Laborer to Water Department Mechanic and the Town
Board wishes to authorize such requested promotion,
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion
of Scott Jarvis from Laborer to Water Department Mechanic effective April 2"d, 2013 at the rate of
pay specified in the Collective Bargaining Agreement for the position, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1010
RESOLVED, that the position is subject to a ninety (90) day trial period as set forth in the
Collective Bargaining Agreement, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Water Superintendent and/or Town Budget Officer to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 1st day of April, 2013 by the following vote:
AYES: Mr.Montesi,Mr. Metivier,Mr. Clements, Mr. Strough,Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDITS OF BILLS -
WARRANTS OF MARCH 21ST AND APRIL 2ND, 2013
RESOLUTION NO.: 178, 2013
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills
presented as Warrants with run dates of March 21s, 2013 and March 28th, 2013 and payment dates
of March 21St, 2013 and April 2nd, 2013,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1011
RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run
dates of March 21St, 2013 and March 28th, 2013 and payment dates of March 21St, 2013 and April
2nd 2013 totaling$245,874.37 and$1,736,015.99,respectively, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Town Budget Officer to take such other and further action as may be necessary to effectuate
the terms of this Resolution.
Duly adopted this 1st day of April,2013, by the following vote:
AYES: Mr.Metivier,Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION AGAINST ROBERT SILVERNAIL
RESOLUTION NO.: 179, 2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement
(Director)reports that since at least June of 2006,Mr. Silvernail has failed and refused to
maintain the exterior of his dwelling in compliance with New York State Property Maintenance
Code §304, more specifically, Mr. Silvernail has not painted, sided or maintained the structure
and the exterior of the house includes peeling, flaking and chipping paint and siding that is not
water resistant and water tight and additionally, Mr. Silvernail repeatedly fails and refuses to
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1012
maintain his yard and has allowed high weeds and grass to grow, and on repeated visited to the
property, the Director observed trash and/or garbage on the ground and not in covered water-
tight containers, and
WHEREAS, the Town of Queensbury has pursued enforcement action in the Queensbury
Town Court with the result that fines were issued in the total amount of$700, and
WHEREAS, although Mr. Silvernail paid the fines, he nonetheless failed and refused to
bring his property into compliance with the Queensbury Town Code, and
WHEREAS, by Resolution No.: 211, 2011, the Queensbury Town Board authorized
commencement of an action in the Warren County Supreme Court seeking preliminary and
permanent relief bringing the property of Robert Silvernail located at 13 Stephanie Lane in the
Town of Queensbury into compliance and requiring that the property be maintained in
compliance with the Town Code, and
WHEREAS, a hearing was held in Warren County Supreme Court on March 1St 2012 at
which a Stipulation was reached that certain actions would be taken by Mr. Silvernail by May 15,
2012 to bring the Property into Compliance, and
WHEREAS, this Stipulation was made by Order of the Court on June 19t1i, 2012, and
WHEREAS, the Town is waiting for a determination by the Court as to whether the failure
to comply with the Stipulation is punishable as contempt, and
WHEREAS, neighbors are complaining to the Town Board regarding the condition of the
Property, and
WHEREAS,the Director reports that the property remains out of compliance with the Town
Code, and
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1013
WHEREAS the Queensbury Town Court lacks injunctive power to require compliance with
the Town Code, and
WHEREAS, the Queensbury Town Board wishes to pursue preliminary and permanent
injunctive relief requiring that the property be brought into compliance with the Town Code and
thereafter maintained in compliance with the Town Code, and allowing the Town to do so at a cost
to be assessed to the Property Owner, and
WHEREAS, the Town Board wishes to seek fines, costs, attorney fees and penalties,
including incarceration, based upon the repeated willful violation of the Town Code,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs Town
Counsel to pursue action in the Warren County Supreme Court:
1. seeking preliminary and permanent relief bringing the property located at 13
Stephanie Lane in the Town of Queensbury into compliance;
2. requiring that the property be maintained in compliance with the Town Code;
3. If the property owner fails to bring the property into compliance with the Town
Code or fails to maintain the property in compliance with the Town Code, then
allowing Town Counsel to do so and the cost to be assessed to the property owner
or to become a lien against the property;
4. seeking an award of attorneys fees and costs required by this action;
5. seeking fines and penalties, including incarceration; and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1014
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, Director of Building and Codes Enforcement and/or Town Budget Officer to take any
and all action necessary to effectuate all terms of this Resolution.
Duly adopted this 1st day of April,2013, by the following vote:
AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON QUEENSBURY
CENTRAL VOLUNTEER FIRE COMPANY, INC.'S PROPOSAL
TO PURCHASE TRUCK AND USE TAX-EXEMPT
FINANCING FOR SUCH PURCHASE
RESOLUTION NO.: 180,2013
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire
Company, Inc. (Fire Company) have entered into an Agreement for fire protection services,
which Agreement sets forth a number of terms and conditions including a condition that the Fire
Company will not purchase or enter into any binding contract to purchase any piece of apparatus,
equipment, vehicles, real property, or make any improvements that would require the Fire
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1015
Company to acquire a loan or mortgage or use money placed in a"vehicles fund" without prior
approval of the Queensbury Town Board, and
WHEREAS, the Fire Company has advised the Town Board that it wishes to purchase a
new 2013 Spartan ERV IPS Rescue Pumper Apparatus (Truck) along with associated accessories
(tools, hose and other miscellaneous tools) to replace two of its current apparatus (1996 HME
Rescue Truck and 1986 Mack Pumper) for the approximate purchase price not to exceed
$644,000, plus an additional $50,000 for accessories, such purchase already included in the Fire
Company's five (5) year capital plan that forecasts future capital needs and expenditures,
including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to
facilities to be used for firematic purposes, and
WHEREAS,proceeds from the trade-in of the Fire Company's replaced apparatus would be
placed against the principal of the new, proposed Truck, and
WHEREAS,the Fire Company plans on paying for the proposed, new Truck as follows:
1. $50,000 from trade-in of replaced apparatus;
2. $225,000 from Vehicle Reserve funds; and
3. Approximately $419,000 maximum amount of tax-exempt financing having a 15
year term with Glens Falls National Bank and Trust Company; and
WHEREAS, the Town Board wishes to set a public hearing concerning the Fire Company's
proposed purchase, as Town Board approval of such proposed purchase is required by the Fire
Company's Agreement with the Town, and such proposed tax-exempt financing requires a public
hearing under the Internal Revenue Code, and
WHEREAS, the Truck will be owned and used by the Fire Company to provide fire
protection to the Town and maintained at its firehouse located at 17 Lafayette Street in the Town of
Queensbury,New York,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1016
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning
the Queensbury Central Volunteer Fire Co., Inc.'s proposed Truck purchase delineated in the
preambles of this Resolution and the partial financing of such proposed purchase using tax-exempt
financing on Monday, May 6t1',2013 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 fourteen (14)
days prior to the Public Hearing.
Duly adopted this 1st day of April,2013, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements
NOES: None
ABSENT: None
3.0 PRIVILEGE OF THE FLOOR(LIMIT 4 MINUTES)
BRUCE MITCHELL- Spoke on the resolution concerning the Supreme Court Action against
Robert Silvernail. He presented to the Board a copy of the Town Code showing that Mr.
Silvernail is in violation of running a junkyard. He is concerned that was not addressed in the
resolution.
COUNCILMAN BREWER- He will get this information to the Building and Codes Department
so that it can be taken care o£ Explained to Mr. Mitchell that if it becomes an option of the Town
doing the work to remedy the problem, he will push to make sure it happens.
JOHN SALVADOR-
• Spoke regarding the headline in last Tuesday's Post Star where a State budget bill was
recently passed which will require recipients of the Star Program to re-register in order to
continue to receive the benefits. Further, that the need for the re-registration has been
because of the Comptroller's finding and reports of wide-spread abuse and fraud; one
issue being with regards to rental properties. Questioned when homeowners will be
required to begin registering on the State Taxation and Finance Department website, and
what information is expected to be supplied to in the re-registration process?
• Spoke of the Town Assessor's information meeting he attended a few weeks ago.
Concerned about the use of residential property for tourist accommodations, renting
weekly, monthly and even seasonally, whether or not an applicant has made application
for Star exemption. It's not uncommon for residents in North Queensbury to move out of
their dwelling for a period of time during the summer and rent it out; stating that is
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1017
incidental commercial use and that property should be so classified. To what degree will
one be able to rent out their property and still qualify for Star?
COUNCILMAN METIVIER- Spoke to Teri Ross, Town Assessor, after the story came out and
she explained the issue is with the people who rent out and don't live in the house at all, but are
still getting the Star Exemption there as well as their own primary residence. It's one person
declaring two Star Exemptions. It has nothing to do with the seasonal rental. Further explained
that no one has to do anything as far as re-registering for Star at this time. That story was run
way too early and nothing has been filed yet.
MATT CAIMANO, VICE PRESIDENT OF QUEENSBURY LITTLE LEAGUE- Thanked
Supervisor Montesi for meeting with him last week, as well as a thank you to the Board for
voting to approve the bed tax money for the Queensbury Little League Tournament. Appreciates
the Board recognizing the importance of Queensbury Little League and invites them on April
27th for opening day.
GEORGE WINTERS- Concerned about the proposed round-about on Aviation Road, and that
the Town would be willing to spend tax dollars on this project. Went to a meeting five years ago
on this subject and didn't hear any more about this until two months ago.
COUNCILMAN STROUGH- Explained to Mr. Winter that this has been identified as a problem
by a lot of Queensbury residents. Five years ago we initiated a corridor study, not just to look at
that one intersection but to take a look at the whole thing. It's interesting that five years ago
(actually more than five years) the study suggested and the traffic engineers that were working
for the study at that time said that one location where Farr Lane comes in and Dixon comes into
Aviation is perfect for a round-about. It takes a long time and a lot of hard work to get a project
like this to where the Government will identify it as fundable. It takes a lot of effort and this
Town Board looked at everything to remedy this but a round-about is the most reasonable, cost
effective, long-term solution to that intersection. It is safer for the children, safer for the drivers,
there's going to be fewer accidents, and the traffic flow is going to be better. Unfortunately, 1.3
million dollars doesn't go far, but that's what it's going to cost to move the utilities, to put a
round-about in, buy the property that needs to be bought to put the round-about in to solve the
problem.
4.0 CORRESPONDENCE- NONE
5.0 TOWN BOARD DISCUSSIONS
COUNCILMAN CLEMENTS (WARD 2)- Congratulated John Henkel and Kyle Noonan on
their appointments. Mr. Henkel was appointed to the Zoning Board of Appeals and Mr. Noonan
was appointed to the Board of Assessment Review. They are both good citizens with integrity
and fairness and wish them the best of luck.
COUNCILMAN METIVIER(WARD 1)- Welcomed Councilman Clements to the Board
COUNCILMAN BREWER(WARD 4)-
• Welcomed Councilman Clements to the Board
• On January 17th we requested a speed limit change for Pitcher Road, still waiting to hear
on that.
COUNCILMAN STROUGH (WARD 3)-
REGULAR TOWN BOARD MEETING 04-01-2013 MTG#15 1018
• The LGA put out a great card on Invasive species and how to protect our water bodies
from them.
• Spoke regarding the Queensbury Post, a newsletter put out by the Queensbury Senior
Citizens. Read a letter from a member who has been involved with the organization since
1987 stating what a wonderful organization it is. There are numerous activities available,
so if you are not a member and interested in joining, please call 761-8224.
• Reviewed the Fire Marshal's Activity Report for March. The Fire Marshal wants to
remind everyone to continue to check smoke detectors and carbon monoxide detectors
regularly.
SUPERVISOR MONTESI-
• Last Friday he and Councilman Metivier were invited to the home of Bill Mason
to discuss the concerns of invasive species with some of the citizens on the Lake.
Supervisor Montesi explained what the Town is doing and has done in the past to
help control this problem. The Town also works with Warren County Soil and
Water on storm water management because that is as important in keeping the
Lake clean. Overall, it was a worthwhile venture and hopefully the folks feel
better about the progress that the Town has made concerning this issue.
• Just a reminder that the Highway Department is out doing some spring clean-up;
they've got the sweepers out and are doing some repairs to fences, mailboxes and
lawns from damages caused by the snowplows over the winter.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 181, 2013
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this I st day of April, 2013, by the following vote:
AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough
NOES: None
ABSENT: None
Respectfully Submitted,
Darleen M. Dougher
Town Clerk
Town of Queensbury