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2002-05-06 REGULAR TOWN BOARD MEETING MAY 6TH, 2002 MTG#24 RES 212 6:35 P.M. B.H. 23-24 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN COMPTROLLER, HENRY HESS DEPUTY DIRECTOR OF W ASTEW ATER, MIKE SHAW EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND PRESS POST STAR SUPERVISOR BROWER-Opened meeting. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 212,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss potential real estate purchase. Duly adopted this 6th day of May, 2002, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 213,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 6th day of May, 2002, by the following vote: Ayes: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor Noes: None Absent:None REGULAR SESSION 7: 15 P.M. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DANIEL STEC RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 214,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 6th day of May, 2002, by the following vote: Ayes: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner Noes: None Absent:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOSEPH RIT ANO RESOLUTION NO.: BOH 23,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Joseph Ritano has applied to the Local Board of Health for three (3) variances from Chapter 136 to allow placement of a: 1. septic tank 8' from the dwelling in lieu of the required 10' setback; 2. septic system I' from the property line in lieu of the required 10' setback; and 3. septic system II' from the dwelling in lieu of the required 20' setback; on property located at 16 Sunset Lane, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on May 20th, 2002 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Joseph Ritano's sewage disposal variance application concerning his property situated at 16 Sunset Lane, Queensbury (Tax Map No.: 226.19-1-9) 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 feet of the property as required by law. Duly adopted this 6th day of May, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 24, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves back into the Town Board of the Town of Queensbury. Duly adopted this 6th day of May, 2002, by the following vote: Ayes: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer Noes: None Absent:None PUBLIC HEARING AMENDMENT TO ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY HOME DEPOT U.S.A. INC. LOCATED ON MONTRAY ROAD FROM SFR-IA (SINGLE F AMIL Y RESIDENTIAL - ONE ACRE) TO HC-INT (HIGHWAY COMMERCIAL INTENSIVE) ATTORNEY JOHN LAPPER REPRESENTING HOME DEPOT U.S.A. INC. DAVE CARR, LANDSCAPE ARCHITECT FROM L.A. GROUP ROGER HERSHORNE, FROM HOME DEPOT SITE PLAN PRESENTED TO TOWN BOARD AND MEMBERS OF THE PUBLIC ATTORNEY LAPPER-We would like to make a short presentation to walk you through the project and explain some of the details that have changed as we've been dealing with the Planning Board. Most significantly after four meetings with the Planning Board that were lengthy dealing with them and their engineers making sure they were satisfied they, as lead agency, granted a negative declaration under SEQRA, which is not a simple thing with the Queensbury Planning Board nor should it be. We have really gone through a lot of detail to get to this point and then, of course, we'll listen if there are any members of the public and respond to that. To date there has been no negative public comment at all we think that's because we're redeveloping an existing tired center and making some improvements that are probably long necessary to that center in terms of access and landscaping as well. We expect based upon the plans that it will look a lot nicer when its done then it does now and function a lot better. Before, Iask Dave to walk you through the site plan; I just want to explain the elevation drawings we started out with something that was really a Home Depot prototype, which is very similar to what you have in Wilton at Exit 15. Based upon the new design guidelines from the new town zoning working with Chris Round and his department we really came up with three changes from the first one to get to what we presented to the Planning Board with just working through the Staff and the Planning Board was very appreciative there was a newspaper article that reflected that, that was a few months ago. Then we got into some of the more detail site engineering issues and then got the neg dec. We feel that we've done a lot of homework on this project it's a good location for it because it redevelops an existing center I'm going to ask Dave to walk through the plan. EXECUTIVE DIRECTOR, MR. ROUND-If I could just interject here. I just dropped a package of information in front of the Town Board. Some of this stuff has been transmitted to you individually and it's all been directed to the Supervisor's Office as an involved agency. What I did place in front of you is a copy of the SEQRA Negative Declaration that's a form that documents the Planning Boards determination that's mailed to all the involved agencies including the Town Supervisor as its Chief Executive. Behind that is a resolution adopting that SEQRA Negative Declaration and it just articulates the Town Planning Boards reasons for making that finding. The next documents are preliminary staff notes and these are notes that are transmitted to the Planning Board during their review of the project and do focus on this was prior to the Planning Board reaching its SEQRA Negative Declaration and these identify the areas of concerns from Staff standpoint as they relate to the environmental review process. You note tat there is water, wastewater, storm water, traffic, etc. I apologize that's in front of you tonight for the first time, but this is the kind of information that the lead agency received as they went through their environmental review we didn't feel it was necessary for you to receive all of this you receive a lot of paperwork it is important for you as you weigh your decision tonight. The third document is a petition for zone change the record of recommendation from the Planning Board where they made the motion a positive recommendation for this rezoning tonight. The last document is staff notes to the Planning Board focused on the recommendation alone not just the environmental review process, but the recommendation and how it affects adjoining properties, how it fits into place with our comp plan. The last section I'd like you to walk through it because our petition for rezoning the application there are not criteria articulated in Town Law there is a process there is not a reallot of substance it's vry process oriented it doesn't say here are the things that you should consider. Our application that was crafted by the Town Board some years ago includes a list of questions on what the board should contemplate as they review a petition for rezoning. We have those questions restated you have those on the application that's in front of you we have some suggested responses or at least how the staff reviewed these questions and how the Planning Board reviewed those questions. Those are the four things in front of you before you get going I see the board members looking at them I didn't want to be too distractive for you Dave. DAVE CARR, L.A. GROUP-I'll quickly run through the site for you. The total site area is approximately thirty-five acres and the existing building there is a line on here that you can probably barely see. The existing building comes around here obviously this area will be maintained and the existing office building will be maintained and approximately eight five thousand square feet of existing building will be demolished and removed to make room for the new Home Depot. The reason why we're here tonight is obviously for the rezoning and that is this approximately five-acre parcel right here from residential to commercial. I threw this dark line on here I think that's important cause as we went through the planning or are continuing to go through the planning process as John mentioned with Chris and his department and the Planning Board we've fully developed our drawings to a level to where we can exactly place where this line of clearing can be shown. Obviously the building is located here there is an exising wetland here obviously one of the requirements for drainage is that it be treated before it goes into the wetland, which is an issue on this site. Currently the drainage is collected in a series of catch basins and basically is drained directly into the wetland so part of our proposal which the Planning Board has been reviewing with C.T. Male is to take the proposed building and a large portion as much as we can get by grade out of that condition dumping directly into the wetland taking it through a new system and building a new detention basin in this area here to treat the storm water to DEC standards before it is released into the wetland. That is why we have this clearing line here so really in the rezoned parcel there is the back part of this loading parking area and then really just the drainage area and I threw some dimensions on here. The limit of clearing would approximately be two hundred feet from this boundary and approximately two hundred and sixty feet from this boundary. So basically wht our site plan show is that the Planning Board is reviewing is that is our limit of clearing and there would be no reason to go beyond that. With that said, also part of the plan we're proposing a consolidation of curb cuts. There are a couple of very wide curb cuts very close to the intersection. The Route 9, Quaker Road intersection those will be removed there will be a right in, right out, at this location. The existing main entrance will be improved the grade will be brought up so its much more gradual. There is a current condition today where people can drive across the entry very close actually to Route 9. The throat now is approximately three hundred to four hundred feet that's controlled so we have a very controlled access point. DOT has reviewed the transportation report done by Cranton Manning and approved that report, which was part of the SEQRA process sewer and water, is on site and will be connecting to existing systems. Jumping back to the drainage one of the factors that the PlanningBoard has really focused on is as I said to you we've taken as much as we could by grade out of this existing system, but their focus has been on treating everything. So basically what we've added to the plan beyond that is the areas that we could not bring to this proposed system basically are caught in this area through a group of catch basins and then actually piped under the building there is actually an outlet that drains directly off site. What our plans show is we are placing a vortex swirl interceptor within the system basically to improve the quality of the storm water before it is released into the wetland. There really isn't any area to do any typical basin or seepage pit because basically the wetland starts basically where the parking lot ends so we had to do something a little creative and that is an acceptable practice the work site because actually it is something we can utilize here. So that will be treating all the storm water that's leaving into this wetland that we can't treat here. Geting to the architecture, I'm not the architect, but I'm kind of filling in this evening. As John mentioned we show four facades here the one on the bottom what I'll do is maybe I'll bring this up to you so you can take a look at it and then put it back so the public can look at it. The bottom elevation is the typical Home Depot fa<;ade basically. The second one up from the bottom was the one that they actually proposed to the Town. They had meeting with Chris' department went through some design changes and came to the third one and basically ended up with the fourth one. Really the fourth one follows the new design guidelines that the Town has and basically the focus is to break up the long fa<;ade with changes in texture, color, roof lines to give it more of a pedestrian feel. So the pedestrian doesn't feel like he or she is standing in front of a four hundred foot long building it's more of a series of buildings that was in the intent the Planning Board was very happy with the solution. That's pretty mch it, thank you. ATTORNEY LAPPER-Any questions from the board at this point? COUNCILMAN TURNER-Jonathan, I would like to propose that on Montray Road there would be no ingress or egress from Montray Road to the site. ATTORNEY LAPPER-None is planned. COUNCILMAN TURNER-I know none is planned, but I just want to make sure its part of the record and it will be in the rezoning. ATTORNEY LAPPER-That's fine. SUPERVISOR BROWER-John would you please state for the record what the purpose of procuring the additional five acres of land is for? ATTORNEY LAPPER -Yes. The zoning administrator made a determination that if we're going to use any part of that land for storm water management for a commercial project even though we weren't going to build a building on the site that the whole parcel needed to be rezoned commercially. So as Dave pointed out there is the drive area in the back then a retaining wall down to the wetland then the detention area that's outside of the wetland to clean the water before it goes into the wetland then the entire rest of that site from the clearing line that Dave drew in black is going to remain the way it is which is pretty much mature trees that act as an existing buffer. There is no proposal it's not part of the plan that's not going to be developed so that's essentially forever wild because there is no proposal to change that that's just green space so we're really using very little but we need the whole parcel to be rezoned. SUPERVISOR BROWER-Any further questions from Town Board members at this time, okay, that you. At this time I'd like to open the public hearing on this project and invite members of the public who would like to comment or ask questions about this proposed project to come forward state your name and address for the record please. PUBLIC HEARING OPENED JOHN SALVADOR - I just have a couple of questions. From an architectural perspective all of these elevations deal with this new structure that's going to be built and yet none of it blends in with the existing architecture. This building is going to stick out like a sore thumb maybe that's the purpose. This facility went through great effort a few years ago to sort of upgrade its appearance I think they did a fine job in this area. I'm just wondering why there is not a flow in this architectural treatment from what existing to what's going to be there or maybe an eventual modification of this so that it looks like its one facility. The other thing is this area here is very neatly drawn in green you think its green space but it is the worse looking area I can think of. Something should be done to screen the rooftop of this building from the highway. They don't have to be very high shrubs the equipment the machinery you see on the rooftop looks terrible it just looks terrible. I don't think it would be to much of an effort to do some planting in this area to screen that it would look a lot better. SUPERVISOR BROWER-Thank you Mr. Salvador. ATTORNEY LAPPER-Two good comments by Mr. Salvador. In terms of the architectural issue the plaza owners, which are separate from Home Depot that's Kelly and Dutch, are proposing to change their fa<;ade program. The green and white is kind of dated it was nice when it was done fifteen or so years ago in truth their changing their fa<;ade to more neutral colors to match what the Home Depot architects came up with. We presented those plans conceptually to the planning board at the last meeting and we'll be doing that again as part of the site plan review next week actually. So John's point is well taken and it is being addressed and the existing center will look more like Home Depot so that it should blend very nicely. The change is an architectural change also the Post Office is being relocated closer to the road, which is better more centrally located in the site. It would be the northern most end where the building gets cut off. To accommodate that the architecture is changing as well so it will be a nicr design and will meet the same Home Depot colors. SUPERVISOR BROWER-Would you comment on the vegetation? ATTORNEY LAPPER-That's a site plan issue that's been mentioned previously and discussions with the Planning Staff certainly there is room to do some additional plantings if that's what the Planning Board wants on top of that. MR. CARR-Actually the plans that were submitted we did include additional planting from this point over. The issue from this point to the south is that the DOT right a way is approximately two or three feet off the back of our building. We have contacted DOT they have not given us an answer yet to see if they will allow us to plant anything in that location because obviously that's their land. They look at this on a case- by -case basis so our site plan at this time does not include that because we didn't want to indicate something we don't know whether we could do it or not. Obviously the area where we can we have shown our intent is to do something there we're trying to find out from DOT what they will allow us to do. COUNCILMAN BOOR-On the back side, I know this is a zoning issue we're talking site plan stuff here is there going to be a drop off coming from Montray if you were walking what happens as you approach that building elevation wise? MR. CARR-There is actually a sharp drop off now and that will be reshaped, but it will probably be pretty much the same grade maybe a little steeper in some points, but this is very steep here. COUNCILMAN BOOR-I mean there is not going to be a big concrete retaining wall back here? MR. CARR-There is a retaining wall here. COUNCILMAN BOOR-Right. MR. CARR-With a fence obviously, there will be a fence on top of it and there is one here. From here back around will all be grade there will not be a wall all along Montray. COUNCILMAN BOOR-So you can't fall off a wall in other words? MR. CARR-As you are walking along Montray Road? COUNCILMAN BOOR-Yeah. MR. CARR-No. COUNCILMAN BOOR-Or if you were to try to go to the facility from Montray you are not going to be in a position where you can fall off a concrete retaining wall right? MR. CARR-There is a small wall here, but that's down by the basin. No, I don't believe so I think there would an area where you could walk here but not very comfortably. COUNCILMAN BOOR-Obviously we don't want to illuminate it cause you don't want to have a lot of lights back there, but by the same token you don't want to have something where somebody is walking in the dark and can go off of something. MR. CARR-Absolutely. Every wall that we have on this property has a fence on it. COUNCILMAN BOOR-Okay. MR. CARR-I think we would want to discourage because this is basically service truck oriented not to say somebody wouldn't do that. COUNCILMAN BOOR-Kids. MR. CARR-Exactly. SUPERVISOR BROWER-I'd like to ask at this time if anyone else from the public would like address the board? DOUG IRISH-I guess my question is the property itself is zoned is the property itself is zoned Plaza Commercial the piece of property that you are looking at is SFR -I acre the abutting properties are Highway Commercial Moderate. My question is why would you rezone that to Highway Commercial Intensive? If you were going to change it to Highway Commercial why wouldn't you at least keep it consistent with the other two Highway Commercial properties? The rest of the property is Plaza Commercial it doesn't make a lot of sense to me to change that.... EXECUTIVE DIRECTOR, MR. ROUND-With the April 1st zoning changes all the Plaza Commercials went to HC Intensive. There was very little difference between the Plaza Commercial and the Highway Commercial. There were a couple of Plaza Commercials that didn't' allow some drive thm's banks a real limited short list so it is all HC and they are all going to be all consistent so there is not any mixing and matching. MR. IRISH-So this rendering would actually be a Highway Commercial Intensive. EXECUTIVE DIRECTOR, MR. ROUND-Correct. When they made application they actually it prior to the changes asked for PC we indicated they should be asking for HC as we resolve through this process. The Cemetery located next to it that is zoned Single Family Residential so that would be on the south section of the drawing and areas on the opposite of Montray Road are zoned commercial as well so it is pretty much all commercial with exception of the Cemetery. SUPERVISOR BROWER-Thank you. Would anyone else care to address the board at this time, Mr. Tucker? PLINEY TUCKER, DIVISION ROAD-The rest of the land there is a wetland there and retention pond what kind of land is that is it developable? COUNCILMAN TURNER-No. COUNCILMAN BOOR-No. MR. TUCKER-Not at all? COUNCILMAN TURNER-No. It is right downhill there are gullies and everything else in there. COUNCILMAN BOOR-No. Watershed Management essentially wastewater management I think that's all you can use it for. COUNCILMAN TURNER-You drive up and go down Montray Road and take a look at the property you'll see a series of gullies that go right down where the water cut them right out. MR. TUCKER-I'm just wondering in five or six or ten years when all of us are gone including these guys here somebody comes in here and wants to develop it. COUNCILMAN BREWER-I think John did mention will that be in the deed forever wild the remaining portion of the property? ATTORNEY LAPPER -The Planning Board has indicated it will be a condition of the site plan approval. MR. TUCKER-If this doesn't fly will the zoning return to what it was originally? COUNCILMAN BREWER-It's in the resolution in the one from the County and the Planning Board, I'm going to see that it's in ours also. MR. TUCKER-Thank you. ATTORNEY LAPPER-I want to point out in response to that last question from Pliney that usually we're here on behalf of a developer who signs a lease and then signs a property and there is nothing wrong with that, that's the way these projects typically happen. In this case Home Depot does self-development so they've tied up the land and their here and Roger Hershorne is here on behalf of thern. Here we just happen to be working with the tenant as the developer it's simpler in terms of communication at the end of the day the projects can look exactly the same and they can be done either way, but here there is not an issue that a developer may not have a project because the tenant may change their mind because the tenant is the developer. ATTORNEY HAFNER-Can I ask one question Dennis? SUPERVISOR BROWER-Yes. ATTORNEY HAFNER-In the resolution we had put that Home Depot owns this property you described them as a tenant can you tell us who actually owns this so we can correct the resolution? ATTORNEY LAFPER-Chris and I talked about that. Home Depot has the property under contract the five acres is under contract they don't own it yet they have a contract that is contingent upon the land use approval so they would be the purchaser. ATTORNEY HAFNER-The current owner is Gertrude Stone? ATTORNEY LAFPER-Right and we have the agency authorization from her. ATTORNEY HAFNER-I just want to correct the resolution. COUNCILMAN BOOR-Did you also add Ted's verbiage about not having to Montray as part of the resolution. ATTORNEY HAFNER-I don't think that's a rezoning. COUNCILMAN BOOR-We can't enforce deed restrictions if we don't have something. ATTORNEY HAFNER-I think that's a site plan issue not a rezoning. COUNCILMAN TURNER-Site plan or not we can put a condition on it. We can put a condition on the rezomng. COUNCILMAN BREWER-What would the condition be Roger? COUNCILMAN BOOR-That you can't access the site from Montray Road. COUNCILMAN TURNER-In or out. They only got that little area they can get in right where they show that blue line back up the road the rest of it they can't get in. COUNCILMAN BOOR-That's all residential back there and I hate to see at some future date some configuration where a road would go through there. COUNCILMAN BREWER-If it's going to be conditioned that it's going to be forever wild we can strongly recommend to the Planning Board that it be a condition of it because there is no access. COUNCILMAN BOOR-They are the lead agency but we're the ones that are going to give the zoning and the real teeth if there is a condition of the zoning that's a guarantee. COUNCILMAN BREWER-How can you say if you are going to rezone something you can't have access to your property? COUNCILMAN BOOR-Just like that. COUNCILMAN TURNER-They have access to your property. COUNCILMAN BOOR-They have access to the property we just don't want it coming from Montray. COUNCILMAN TURNER-They said they don't need it anyway. SUPERVISOR BROWER-That's true they have said that. COUNCILMAN BOOR-They've said that they've already agreed to it. ATTORNEY LAPPER-I think it's a Planning Board issue, but... ATTORNEY HAFNER-I think it's a Planning Board issue. ATTORNEY LAPPER-I'm not going to fight for it cause we don't want to..... ATTORNEY HAFNER-It is something that the Home Depot would agree to have in the deed that they took from Gertrude Stone? ATTORNEY LAPPER-Rather than make it a real estate issue I think it's a zoning issue I'd rather have it with the Planning Board for site plan review as a condition on the filed map I think that's who is imposing it. ATTORNEY HAFNER-I think it's a zoning issue and part of the Planning Board process and not part of the rezoning process. COUNCILMAN BOOR-Once it goes from here we've got no control over it. ATTORNEY HAFNER-That's true you are determining whether its appropriate. COUNCILMAN BOOR-And I feel like Ted does that I don't think I ever want to see a road going through there. COUNCILMAN BREWER-Where can a road go Roger just out of curiosity? COUNCILMAN BOOR-It can go anywhere if something changes we have no guarantee how long that's going to be there. COUNCILMAN BREWER-Forever wild is a long time. That means to me there are restrictions that they can't develop it or put a road on it. COUNCILMAN BOOR-Then why would you fight it. COUNCILMAN BREWER-I'm not fighting it if that's what everybody wants to do. COUNCILMAN BOOR-I'm just asking why you have a problem with it. COUNCILMAN BREWER-I don't see the benefit to doing it I guess is what I'm saying. COUNCILMAN TURNER-The only place they could put a road in is from the blue line up towards Route 9 the rest of it they can't get in there unless they do a lot of filling. COUNCILMAN BREWER-I don't have a problem either way. COUNCILMAN TURNER-The road can't support the traffic if it goes in there if there isn't an entrance it's just not big enough. COUNCILMAN BREWER-That would mean to me that you couldn't put a road in there. COUNCILMAN BOOR-I wouldn't want to live there. COUNCILMAN TURNER-I wouldn't want to live there and have the trucks you know. COUNCILMAN STEC-Bob is there any reason why we can't include that condition because I'm of the mind I'd rather document than not document? ATTORNEY HAFNER-If you'd like to put it in with the caveat that there is a risk that it might not be enforceable we don't know the answer to that question it's better to have it in and defend it than not have it in if it means that much to you. I really think that it's a Planning Board issue not a rezoning issue for the Town Board but if you like we can put in another resolved. COUNCILMAN TURNER-Bob they did talk about it no ingress no egress it's in their minutes. ATTORNEY HAFNER-In the minutes of the Planning Board? COUNCILMAN TURNER-Yes. COUNCILMAN BOOR-I mean we got a condition if they don't do this in eighteen months it reverts back so when is a condition not a condition. ATTORNEY HAFNER-If you'd like it we can come up with language. COUNCILMAN TURNER-I'd rather see it in there. ATTORNEY HAFNER-Okay, we'll put another resolved in there. SUPERVISOR BROWER-I don't think it hurts to have it in and we've got at least one Planning Board member here who is hearing the discussion. ATTORNEY LAPPER -That issue has been raised by the Planning Board members also and it was never proposed by us. COUNCILMAN BOOR-I know it isn't I hope that Home Depot is there for a long time and does really well. ATTORNEY LAPPER-Was that it for the public comment? SUPERVISOR BROWER-Probably not. Would anyone else care to address the Town Board on this public hearing regarding Home Depot now is your opportunity? Mike Shaw would you come up for just a second? In order for Home Depot to access will this be Home Depot or will this be the plaza owner as a whole accessing sewage? DEPUTY W ASTEW A TER DIRECTOR, MIKE SHAW-The way it has been explained to me that the plaza will own the property and the sewage will be accepted through the plaza sewer system to the Town of Queensbury. SUPERVISOR BROWER-So we will need to add a district extension. DEPUTY WASTEWATER DIRECTOR, MR. SHAW-The district extension is being worked on now the LA Group has hired a person to do a Map, Plan, and Report and are currently working on that now. I expect to see something in the next couple of weeks. SUPERVISOR BROWER-Thank you Mike. One last time would anyone here like to comment or ask any questions about the Home Depot project this evening? Seeing none, hearing none, I'll go back to the Town Board and ask them if they have any further questions? COUNCILMAN TURNER-No, I had my say I'm all set. SUPERVISOR BROWER-Everyone okay? In that case I'll close the public hearing on the zoning change. PUBLIC HEARING CLOSED 7:50 P.M. ATTORNEY HAFNER-Do you want me to read the small changes that I made at your request just so that it's in the record? SUPERVISOR BROWER-Would you please. ATTORNEY HAFNER-In the first resolved we're going to take out Home Depot U.S.A. Inc., and replace that with Gertrude Stone because that who currently owns the property. We're going to add after the third resolved a resolved that this rezoning is expressly contingent upon there being no access to such property from Montray Road. I think that's what Ted and Roger asked for. COUNCILMAN BREWER-The only other thing that I don't see in here Bob is I know its in the Planning Boards SEQRA resolution and in the County's, but it doesn't say anything in our resolution about the property reverting back to single family if in eighteen months this doesn't take place. COUNCILMAN BOOR-Yeah, it's in the negative Dec, but it's not in the resolution. COUNCILMAN STEC-Resolution. COUNCILMAN BOOR-Right. COUNCILMAN BREWER-Not in our resolution I'd like that to appear in there. ATTORNEY HAFNER-You want one more resolve. COUNCILMAN BOOR-It's on page it's right here. ATTORNEY HAFNER-That's just where I am thank you. We will add another resolve after that. ATTORNEY LAPPER-Can you use the language that was in there because we worked that out with Kathy Radnor and the board very specifically just that language. ATTORNEY HAFNER - I have it right in front of me. Resolve, that this rezoning is subject to the following condition: The applicant agrees that within eighteen months after all necessary approvals have been obtained and the time to appeal those decisions has elapsed, construction on the proposed project will begin, or zoning will revert to single family residential one acre, and be it further provided that this period will extend in the event a third party begins litigation. ATTORNEY LAPPER-For the record we expect that Home Depot is going to be in the ground in sixty days that's just all an abundance of caution language if somebody sued on the approvals which does not appear likely in this case but one never knows. SUPERVISOR BROWER-Desire of the board. RESOLUTION AUTHORIZING AMENDMENT OF ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY HOME DEPOT U.S.A., INC. LOCATED ON MONTRA Y ROAD FROM SFR-IA (SINGLE F AMIL Y RESIDENTIAL - ONE ACRE) TO HC-INT (HIGHWAY COMMERCIAL INTENSIVE) RESOLUTION NO. 215,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board is considering a request by Home Depot U.S.A., Inc., to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 72-7-3 located on Montray Road in the Town of Queensbury from SFR-IA (Single Family Residential- One Acre) to HC-Int (Highway Commercial Intensive), and WHEREAS, on or about January 14th, 2002, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and WHEREAS, on or about February 26th, 2002, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, on or about February 13th, 2002, the Warren County Planning Board considered the proposed rezoning and made a recommendation of "No County Impact," and WHEREAS, on or about April II th, 2002, the Queensbury Planning Board, as SEQRA Lead Agency, considered the proposed rezoning and site plan, reviewed the Environmental Assessment Form and associated documentation, thoroughly analyzed the action for potential environmental concerns, determined that the project would not have a significant effect on the environment and adopted a Resolution adopting a SEQRA Determination of Non-Significance concerning the project, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed rezoning on May 6th, 2002, and considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property owned by Gertrude Stone, bearing Tax Map No.: 72-7-3 located on Montray Road in the Town of Queensbury from SFR-IA (Single Family Residential- One Acre) to HC-Int (Highway Commercial Intensive), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to arrange with a surveyor to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals and the Town of Queensbury Planning Board, and BE IT FURTHER RESOLVED, that this rezoning is expressly contingent upon there being no access to such property from Montray Road, and BE IT FURTHER RESOLVED, that this rezoning is subject to the following condition: The applicant aggress that within 18 months after all necessary approvals have been obtained and the time to appeal those decisions has elapsed, construction on the proposed project will begin, or zoning will revert to single family residential one acre, and be it further provided that this period will extend in the event a third party begins litigation, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance Article XIII and Town Law ~265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk's Office. Duly adopted this 6th day of May, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None CORRESPONDENCE DEPUTY CLERK O'BRIEN-Read the following letters into the record. Letter dated April 24, 2002, To Darleen Dougher, Clerk, from Thomas 1. Madison, Jr., Director State & Local Government Affairs Dear Ms. Dougher: On behalf of Governor E. Pataki, I acknowledge receipts of a copy of Resolution No. 199 adopted April 15, 2002 by the Queensbury Town Board. Thank you for sending the Resolution to the Governor. Sincerely, Thomas 1. Madison, Jr. Letter dated April 23, 2002 To: Miss Darleen Dougher, Town Clerk, Queensbury, From: Elizabeth O. C. Little, Member of Assembly Thank you for forwarding me a copy of the Town of Queensbury's Resolution pertaining to the Governor's proposal to replace the Office of Cultural Education (administered by the Education Department) and create a public benefit corporation called the New York Institute for Cultural Education (NYICE). I appreciate receiving your comments on this proposal. As you are aware, under this proposal, NYICE would be funded by an increase in fees collected by county clerks for the filing, recording and certifying of records. The fees would increase from $5 to $20 and would be sufficient to fully fund all of the nearly 450 positions that would be transferred from SED to NYICE. Please know that his is just a proposal. As the budget process continues more information will become available which will assist the legislature in determining whether such a proposal is in the best interest of the State of New York. I would also like to point out that in years past the Governor has made similar recommendations regarding the Office of Cultural Education and they have not been adopted. As budget negotiations continue, I will certainly keep your thoughts and concerns in mind. Once again, thank you for your input. As budget negotiations continue, I will certainly keep your thoughts and concerns in mind. As always, if I can be of any further interest to you on this or any other matter, please do not hesitate to contact me. Sincerely, Elizabeth O'C Little Member of Assembly Monthly report for April 2002 - Revenues and Quantities Taken in at Luzerne Road and Ridge Road Transfer Stations from January 2,2002 thru April 30, 2002. (On file Town Clerk's Office) INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE OPEN FORUM MRS. SALVADOR-Spoke to the board regarding Crandall Public Library, Section 5, Chapter 456 of the Legislative Section Laws of 1992, Entitled Finances requires that the Crandall Library Board file annually with the Clerk of each municipality an estimate of the propose budget to cover library operating expenses for the ensuing year noting this is in Section 5C of those laws. Section 5B, requires that public hearings shall be held on the Library Boards propose budget not less than twenty days or more than thirty days prior to the date set for the public library district vote. Noted that the Town Board must approve all ballot propositions a full sixty days prior to the election. The only time Queensbury residents have a chance for any public input before the library budget amount to be levied against them is placed on the ballot by the Town Board would be during the open forum held at a Town Board meeting at least sixty days prior to election day, noting this date is usually in early September and more often tan not conflicts with Labor Day. Asked the Town Board to start the activities necessary to understand the tax implication of the Library Boards propose budget before this board resolves to place this proposition on the ballot. Noted one of the activities that requires definition in order to determine the magnitude of each of three municipalities ad valorum assessment this is sited in Section 7 that several lots and parcels of land within the district area of said public library district are hereby determined to be benefited by the library facilities and services etc., noting it includes vacant land and their underwater land. An important parameter in the Town assessment equation is the number of registered library users from the Town of Queensbury as of December 31 of the proceeding year as put forth in Section 5D, One, noting December 31, 2001 has passed. Noted that the Town Comptroller has been instrumental in getting a handle on the issue of registered library users. Asked the Town Board to authorize he Town Comptroller to obtain the acquisition of this data and report back to the board in early June. Asked the Town Board if this is something that could be discussed for a workshop session or Town Board meeting? SUPERVISOR BROWER-Noted it could be an item for a workshop session for Monday May 13th, if information is available by then. JOHN SALVADOR-Spoke to the board regarding his attendance at the Board of Supervisors Committee Meeting dealing with the subject of Revenue Enhancement. Noted he brought up two issues one on non- compliance regarding sales tax in the tourism community and the gross under payment of taxes regarding amusement facilities where the charge that they levy on visitors deals with rides such as the Great Escape. Noted he doesn't see the County getting a handle on this asked Supervisor Brower to look into this matter to see what could be done. SUPERVISOR BROWER-Noted they have talked about this at the County. The Revenue Enhancement Committee has invited people from the State twice to come up to talk about this issue no one has shown up so far. Noted he has mentioned getting a fairer share of sales tax revenue from amusements like the Great Escape, campgrounds, things of this nature were included in the pie of taxation our revenue enhancement need may be substantially diminished noting Frank O'Keefe, Warren County Treasurer is working on this. MR. SALVADOR-Asked for a copy of the new RFP for Crandall Library. MR. MERRILL-Noted it is still being prepared it is in the hands of the Attorney. MR. SALVADOR-Spoke to the board regarding the shared services of the Assessor with the City of Glens Falls noting both of the communities are in a common taxing district noting he sees a conflict here. SUPERVISOR BROWER-Discussions have been held with the Mayor regarding this, talked about the fairness of the current distribution noting the Town should have a greater compensation to cover the services that the Assessor is providing to the City noting the Mayor has mentioned he is taking care of this. MR. SALVADOR-Questioned if it is proper that the Assessor service two communities where each of the communities is required to support a common taxing district? SUPERVISOR BROWER-Yes, it is encouraged by the State. MR. TUCKER-Asked Attorney Hafner if he has heard anything from Mike O'Connor regarding a piece of property? ATTORNEY HAFNER-Has not heard anything. MR. TUCKER-Asked Attorney Hafner if he has found out anything regarding Division Road? ATTORNEY HAFNER-Asked if this was regarding the connector between the two neighboring roads? MR. TUCKER-Yes. ATTORNEY HAFNER-Noted he has not done this, but will do it. COUNCILMAN BREWER-Noted he has a copy of the plan if Mr. Tucker wanted to see it. Noted Mr. Missita, Highway Superintendent has no intentions to do anything until he is directed to or knows what the definite plan is. MR. TUCKER-It's a dead end road right? COUNCILMAN BREWER-As we speak right now it is. MR. TUCKER-Noted they don't have a sign there, there is one on Ogden Road, and Pinello Road, and Stevens Road. Asked Councilman Brewer to see if they can get a Dead End road sign put up. COUNCILMAN BREWER-Noted he would ask. MR. TUCKER -Asked if Queensbury Forest if all the work was done by the Highway Department? COUNCILMAN BREWER-Yes, noting Mead's did some landscaping. MR. TUCKER-Asked if Town equipment was used? COUNCILMAN BREWER-Yes, noting believes they used some County equipment at no charge. OPEN FORUM CLOSED 8:25 P.M. RESOLUTIONS RESOLUTION ESTABLISHING LAND USE PLANNER/GIS POSITION AND APPOINTING GEORGE HILTON TO POSITION RESOLUTION NO. 216,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to establish the full-time position of Land Use Planner/GIS in the Town's Community Development Department and make an appointment to the position, and WHEREAS, this new position will replace the Planning Assistant position, and WHEREAS, the Town's Executive Director of Community Development posted availability for the position, reviewed resumes, interviewed interested candidates and wishes to appoint a Land Use Planner/GIS, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby establishes the position of Land Use Planner/GIS in the Town's Community Development Department, and BE IT FURTHER, RESOLVED, that the Town Board hereby appoints George Hilton as Land Use Planner/GIS effective June 3rd, 2002 on a provisional basis until such time as he passes the Civil Service exam for the position and also subject to a six month probation period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that Mr. Hilton shall be paid an annual salary of $38,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Executive Director and/or Town Comptroller's Office to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of May, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF SEVERN TRENT PIPELINE SERVICES, INC. FOR CCTV INSPECTION AND CLEANING OF SANITARY SEWER MAINS RESOLUTION NO.: 217, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Deputy Director of Wastewater solicited proposals for CCTV inspection and cleaning of sanitary sewer mains in the Town of Queensbury, and WHEREAS, the Deputy Director of Wastewater and Purchasing Agent have reviewed all responses received and have recommended that the Town Board authorize engagement of the lowest bidder, Severn Trent Pipeline Services, Inc., for an amount not to exceed $16,500, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Severn Trent Pipeline Services, Inc. for the provision of CCTV inspection and cleaning of sanitary sewer mains in the Town of Queensbury for an amount not to exceed $16,500 to be paid for from Account No.: 32-8120-4840, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Wastewater Director, Wastewater Deputy Director and/or Town Supervisor to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of May, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION ADDING MOOSE HOLLOW WAY TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 218,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Moose Hollow Way" to its list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "Moose Hollow Way" to its list of private driveways and roads in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying "Moose Hollow Way," and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. Duly adopted this 6th day of May, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION APPROVING YEAR 2001 SERVICE AWARD PROGRAM RECORDS FOR WEST GLENS FALLS VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 219,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board previously authorized engagement ofPENFLEX, Inc., to provide the 2001 Standard Year End Administration Services for the Town's Volunteer Fire Companies Service A ward Program, and WHEREAS, as part of the Service Award Program, it is necessary that the Town Board approve each Fire Company's Year 2001 Service Award Program Records, and WHEREAS, the Town Supervisor's Office has received and reviewed the records from the West Glens Falls Volunteer Fire Company, Inc. 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 2001 Volunteer Fire Company Service Award Program Records for the West Glens Falls Volunteer Fire Company, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of May, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION ACCEPTING DEDICATION OF SILVER CIRCLE RESOLUTION NO. 220, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Silver Springville Limited Partnership has offered a deed to dedicate Silver Circle to the Town of Queensbury as described in a November 30, 2001 Survey prepared by VanDusen & Steves, Land Surveyors, LLC, and WHEREAS, the Town Highway Superintendent has inspected the road and recommended its acceptance, and WHEREAS, the Town Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with Town Water Department standards, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed and approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for dedication of Silver Circle, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Silver Springville Limited Partnership to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the road to the official inventory of Town Highways as follows: Name: Silver Circle Road Number: 533 Description: Beginning at Big Bay Road, continuing in an westerly direction a distance of 1,069 feet and .20 hundredths of a mile and ending at a cul-de-sac Feet: 1,069' and .20 of a mile Duly adopted this 6th day of May, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BOOR-Requested that when resolutions are on the agenda pertaining to highways that are going from dedicated to being accepted that the location be put in the resolution. RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 221, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2002 Town Budget as follows: TOWN SUPERVISOR: FROM: TO: $ AMOUNT: 01-1420-4130 (Town Counsel) 01-1430-4132 (Other Legal Services) $ 13,000. Duly adopted this 6th day of May, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR 2002 COMBINATION DUMP BODY WITH PLOW, WING AND ALL NECESSARY HYDRAULICS AND ATTACHMENTS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 222, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Highway Superintendent wishes to advertise for bids for the purchase of a 2002 Combination Dump Body with Plow, Wing and all necessary hydraulics and attachments as specified in bid specifications to be prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for a 2002 Combination Dump Body With Plow, Wing and all necessary hydraulics and attachments for the Town Highway Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 6th day of May, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION ACCEPTING BID FOR SALE OF 1981 REX-35 COMPACTOR AT LANDFILL RESOLUTION NO.: 223,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town Purchasing Agent duly advertised for the sale of a 1981 REX-35 Compactor used at the Town's Landfill(s), and WHEREAS, Contractor Sales Company, Inc. submitted the only and therefore highest bid for the purchase of the Compactor, and WHEREAS, the Purchasing Agent and Solid Waste Facilities Manager have recommended that the Town Board accept the bid of Contractor Sales Company, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the bid for the sale of a 1981 REX- 35 Compactor formerly used by the Town's Landfill(s) to Contractor Sales Company, Inc., for the amount of $7,007, with funds received for the sale of the Compactor to be deposited into the proper Town Account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Purchasing Agent, Solid Waste Facilities Manager and/or Town Comptroller to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of May, 2002, by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AND FINAL ORDER APPROVING CREATION OF SOUTH QUEENSBURY- QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO. 224, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 173,2002, the Queensbury Town Board approved creation of the South Queensbury - Queensbury Avenue Sewer District in accordance with Town Law Article 12-A and subject to permissive referendum, and WHEREAS, a District Formation Report (Map, Plan and Report) was prepared by Jarrett-Martin, LLP, professional engineers, concerning the proposed sewer district formation and the construction of sewer facilities involving three sewer districts and connecting the existing WCSD#1 to the GFWWTP along a route following Queensbury Avenue and the Niagara Mohawk Power corporation right-of-way, which area would also include 30 lots in the Warren-Washington Counties Airport Industrial Park, the Floyd Bennett Memorial Airport and several parcels along the proposed force main route to the City of Glens Falls, as more specifically set forth and described in the original Map, Plan and Report (the Project), and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the sewer district improvements in the Town of Kingsbury were discussed generally in the original Map, Plan and Report as they will be included as a part of the entire Project, but subsequent to the filing of the original Map, Plan and Report the Town of Kingsbury decided to create its own district to undertake such improvements, and WHEREAS, Jarrett-Martin, LLP filed a district formation report for the Kingsbury Sewer District (Kingsbury District Formation Report) in May, 2001, and WHEREAS, the Kingsbury District Formation Report included a revised Part I of a Full Environmental Assessment Form (EAF) which considered both the South Queensbury-Queensbury Avenue Sewer District improvements and the Kingsbury Sewer District improvements, and WHEREAS, by Resolution No.: 330,2001, the Town Board considered the establishment of the District in accordance with the provisions of the State Environmental Quality Review Act and adopted a Negative Declaration concerning environmental impacts and by Resolution No.: 172,2002, the Town Board reaffirmed Town Board Resolution No.: 330,200 I in its entirety, and WHEREAS, the estimated annual cost to the "typical property" has been filed with the Town Clerk and is made a part of the Map, Plan and Report, and WHEREAS, on March 25th, 2002 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Sewer District, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District was duly held on April 1st, 2002 and the Town Board has considered the evidence given together with other information, and WHEREAS, the estimated annual cost to the typical property is below the average estimated cost threshold computed and provided by the New York State Comptroller's Office, so the approval of the State Comptroller's Office was not required for establishment of the proposed Sewer District, WHEREAS, the Certificate of the Town Clerk required to be filed in accordance with Subdivision 4, Town Law Section 209-e establishes that no petition was filed requesting a referendum, and WHEREAS, the Town wishes to adopt a Final Order creating the District, NOW, THEREFORE, IT IS ORDERED, that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient. 2. It is in the public interest to establish, authorize, and approve creation of the South Queensbury - Queensbury Avenue Sewer District as it has been described in the Map, Plan and Report on file with the Town Clerk and as more specifically described in this Resolution; 3. The District benefits all property and property owners within the District; 4. All benefited property and property owners are included within the limits of the District; and IT IS FURTHER, ORDERED, that: 1. The South Queensbury - Queensbury Avenue Sewer District be and the same is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth herein and in the Map, Plan and Report and construction of the improvement may proceed and service provided and subject to the following: A. of Health; the obtaining of any necessary permits or approvals from the New York State Department B. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 2. The boundaries of the District are as follows: TAX MAP NO. OWNER/USE 303.10-1-12 North Country Imports (automobile dealership) 297.16-1-1 Airron Industrial 297.16-1-2 Airron Industrial 297.20-1-2 Airron Industrial 297.20-1-3 Airron Industrial 303.12-1-9 Warren County 303.10-1-8 Forest Enterprises 303.11-1-4 Forest Enterprises 303.15-1-25 Forest Enterprises 303.15-1-18 Garden World Assoc. 303.15-1-20 Forest Enterprises 303.15-1-21 Forest Enterprises 303.15-1-22 Forest Enterprises 303.15-1-23 Glens Falls National Bank & Trust Company 303.15-1-24 Forest Enterprises 3. Four separate sewer districts, including the existing Warren County Sewer District #1 and Washington County Sewer District #1 and the proposed South Queensbury-Queensbury Avenue Sewer District and Kingsbury Sewer District, will utilize the improvements which comprise the Project. The proposed improvements will connect the existing wastewater collection system to the City of Glens Falls Wastewater Treatment Plant by constructing a gravity sewer line along Queensbury Avenue connected to a pump station opposite the Floyd Bennett Memorial Airport which will lift wastewater through a force main to a gravity sewer manhole in Dix Avenue. Specific improvements include the construction of the pumping station, installation of approximately 1000 feet of gravity sewer to convey sewage from the existing Warren County Sewer District # I Wastewater Treatment Plant to the pumping station, installation of a force main southward along Queensbury Avenue to an existing Niagara Mohawk Power Corp. right-of-way, westward along theNIMO right -of-way to Quaker Road, under Quaker Road by directional borings, along the south shoulder of Apollo Drive and along the south edge of a NIMO parking lot to an existing City of Glens Falls municipal sewer manhole. The improvements are more fully described in the Map, Plan and Report and a list of the components of these improvements is included as Exhibit B to this Order. 4. All proposed improvements shall be installed and paid for as described in the Map, Plan and Report (including the cost payable to the City at the time of initial hook-up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 5. The maximum amount proposed to be expended for these improvements will be approximately $2,204,035 including a one time buy-in fee to the City of Glens Falls wastewater treatment facility which is estimated to be $.50 per gallon of average daily flow, which in this case will equal $12,500. However, as described in paragraph 7 below, existing and new District users will be responsible for only approximately $903,195. The improvement costs for various components of the proposed Sewer District are specifically described in the Map, Plan and Report. 6. Nearly all of the properties within the Sewer District are zoned for industrial or commercial use but are vacant at this time. Under Town Law Section 209-a(2), "Typical Property" is defined as a benefited property having an assessed value that approximates the assessed value of the mode of the benefited properties situated in the district or extension that will be required to finance the cost of the proposed improvements. Using this definition, the assessed value of the "Typical Property" is $50,000 and the total estimated annual cost of the District to the "Typical Property" during the first year following formation would be $340. The estimated annual cost of the District for debt service and operation and maintenance costs to a typical one or two family home during the first year following formation would be approximately $170. There would be no actual hook -up fees. The cost to retain a private contractor to install a new collection sewer system and/or sewer lateral between a building and the main Poject sewer lines vary significantly depending on the individual conditions including distance from the line and various subsurface conditions. Typical sewer lateral installation costs have been at least several thousand dollars; it is impossible to generalize the costs for collections sewer systems. 7. A detailed explanation of how the estimated cost of the District to the typical property, and, if different, the typical one or two family home was computed is included in the Map, Plan and Report which is on file with the Town Clerk and available for public inspection. 8. The proposed method of financing the total cost of the Project includes the following: A. U. S. Department of Commerce-Economic Development Administration Grant in the amount of 50% of the Project cost up to $600,000; B. NYS Department of Environmental Conservation Clean Water/Clean Air Bond Act Grant in the amount of $300,000; C. $325,000 purchase of future capacity in the sewer district; D. $76,500 total reimbursement and donation of right-of way from NIMO; and E. issuance of Bonds and/or Bond Anticipation Notes by the Town of Queensbury on behalf of the Sewer District in the amount of $903,195. Debt service on the Bonds will be paid by an annual benefit tax charge to users and annual sewer use charges will be imposed to pay the costs of operation and maintenance. 9. Expenses incurred after the creation of the extension shall be assessed, levied, and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or collections are made in the Central Queensbury Quaker Road Sewer District and such assessments shall be made on a benefit basis and/or user charge basis; 10. The Map, Plan and Report describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and is available for public inspection; and BE IT FURTHER, ORDERED, that the Town Clerk shall make arrangements to record a certified copy of this Resolution and Order in the Warren County Clerk's Office and send a certified copy of this Resolution and Order to the State Department of Audit & Control at Albany, New York, the Town of Queensbury Assessor's Office, Community Development Department and Wastewater Department, within 10 days of the date of adoption of this Order. Duly adopted this 6th day of May, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None TOWN BOARD DISCUSSIONS SUPERVISOR BROWER-Spoke to the board noting that May 4th 2002 the Town held a free tire day noting that approximately 3,500 tires were deposed of spoke on the importance of prevention of the West Nile Virus. Larry Paltrowitz spoke to Town Managers this week in preparation for CSEA negotiations it was a very productive meeting will be beneficial in moving towards negotiations. COUNCILMAN STEC-Spoke to the board regarding doing a sales tax audit to make sure that the wrong mailing addresses aren't collecting the right sales tax money questioned what needs to be done to start this process? SUPERVISOR BROWER-Comptroller Hess could be helpful in this process. COMPTROLLER, MR. HESS-Would need to talk to the County Treasurer to see what safeguards are in place and then come back to the board to find out what the options are. Noted on the form you have to indicate where the your sales tax is collected so it is allocated to the right spot noting it is not necessarily by your mailing zip code. COUNCILMAN STEC-Questioned if Supervisor Brower asked about Earth Tech digging up of lawns on Aviation Road? SUPERVISOR BROWER-Noted he hasn't had the chance yet. COUNCILMAN BREWER-Noted that the Town should have an agreement or not have an agreement with the City of Glens Falls regarding the Assessor. COUNCILMAN STEC- The Town is working with an expired contract. SUPERVISOR BROWER-Noted he would speak to the Mayor regarding this situation. ATTORNEY HAFNER-Noted he is not sure that they are working with an expired contract noting he believes it renews unless there are certain ways to terminate it, Attorney Hafner to look into the matter to report back to the board. PRESENTATION - SMART GROWTH COMMITTEE QUEENSBURY COMMITTEE MEMBERS PRESENT - DOUG IRISH, RICHARD MERRILL, WILLIAM MORTON \GLENS FALLS COMMITTEE MEMBERS PRESENT - PETER ACCARDI, CATHERINE HAMLIN Presentation made regarding the Glens Falls Queensbury Smart Growth Committee Final Report Recommendations (on file in Town Clerk's Office) also video presentation made regarding Smart Growth. Councilman Brewer noted he would support the joint committee to go forward and take some of the recommendations you have and come up with some draft plans that could be worked on and accomplished. Mr. Irish recommended sitting down with the Town Board and Common Council and identify the areas that they want to resolve and go forward with. Town Board recommended discussing this in a workshop session. Mr. Merrill noted that the Committee is looking for new members. ATTORNEY MATTERS NONE RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 225, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss possible land acquisition. Duly adopted this 6th day of May, 2002, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR TOWN BOARD MEETING RESOLUTION NO. 226, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 6th day of May, 2002, by the following vote: Ayes: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor Noes: None Absent:None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury