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2003-02-24 REGULAR TOWN BOARD MEETING FEBRUARY 24, 2003 MTG. #9 RES. 123-141 7:00 p.m. BOH 9-10 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS TOWN COMPTROLLER HENRY HESS EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND PINE VIEW CEMETERY SUPERINTENDENT MICHAEL GENIER WATER/WASTEWATER SUPT. RALPH VANDUSEN GUESTS SPEAKER JODI BYRNE HEALTH HEART Pledge of allegiance led by Councilman Daniel Stec RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 123.2003 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 moves into the Queensbury Board of Health. Duly adopted this 24th day of February, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT AND PATRICIA END RESOLUTION NO.: 9,2003 BOH INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Robert and Patricia End have applied to the Local Board of Health for a variance from Chapter 136 to install a new fill or built-up system four feet (4') from the property line in lieu of the required ten feet (10') setback and four feet (4') from a dwelling in lieu of the required twenty feet (20') setback on property located at 8 Waters Edge Drive, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on March 10th, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Robert and Patricia End's sewage disposal variance application concerning property located at 8 Waters Edge Drive, Queensbury (Tax Map No.: 227.17-1-31) 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 ofMr. and Mrs. End's property as required by law. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 10.2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health and moves back into Regular Town Board Session. Duly adopted this 24th day of February, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None REGULAR SESSION 2.0 PUBLIC HEARINGS 2.1 Rezoning Proposal Change of Classification of property located on the Boulevard from Mixed Use (MU) to Light Industrial (LI) Notice Shown Supervisor Brower-Requested Executive Director Chris Round to the microphone. Executive Director Chris Round-This first rezoning is for the area around the Boulevard located in South Queensbury I guess.. . here is the backup hard copy over there. In April of 2002 the Town underwent, drafted a new zoning ordinance and with that we did some minor rezonings of some areas of the Town. This particular project we are trying to address an area that we took out of our light industrial classification and zoned mixed use. (using a map) You see on the screen it is a little bit difficult rendering here but this area right here, this is the Boulevard this is the K-Mart this is the Feeder Canal you can see the Hudson River on the bottom of the page. This are we zoned this entire area south of the Boulevard mixed use. There is some property between the canal and the Boulevard that are currently used in industrial purposes. The area north of the Boulevard is largely zoned UR -10 it is a high density residential zoning designation and the proposal in front of you tonight and you should have maps in font of you I do have a rendering on the easel, but there is a series of properties that I am trying to highlight here with my shaky hand and pointer that are industrial use and we are proposing that the Town amend our zoning ordinance and put those back into a light industrial classification. Those are existing industrial uses that include Stonecast Industries the Boulevard Bowl the former Boulevard Bowl which houses a couple of businesses. There are some residences adjacent to those uses so that is a concern in the event that any new proposal came in that those concerns would have to be addressed at site plan review. That is the, that is it in a nut shell and we will talk about the next one as you get to that public hearing, I do not know if there are any questions from the Board? Councilman Brewer-I got one question Chris, if! am reading this map right the access to this parcel right over in here is that this right here? Director Round-Yes Councilman Brewer-That is the only access? Director Round-I think one of the properties, this has road frontage on the Boulevard and it is Councilman Brewer-About forty feet probably. Director Round-Yea, it is a minimum. They did when it was zoned industrial they did obtain site plan approval for that particular property back there and that is our concern, we have industrial uses that are now zoned mixed use which they are now nonconforming. I know a couple of projects, some of these areas may, have received or are in the process of receiving Empire Zone Classification because there are some proposed expansion of facilities out in this area. But you are right, that is a single access point. Councilman Brewer-It seems crazy to me to rezone a piece of property with forty foot frontage that is behind everybody else's house on that street and the forty foot frontage that he has runs in front of this other property that's only got forty feet. Director Round-I think what we have tried to do and I cannot explain all the history, you do want to limit access so it is not a bad thing that there is a single access point on the Boulevard. There is two or three businesses that all share that driveway or that right of way in that area. That is a concern but I think it has been addressed through the site plan review process. Supervisor Brower-Thank you Chris, do any of the Board Members care to comment on this at this time? Ok, hearing none I will ask, open up the public hearing and ask any members of the public if they care to comment on the proposed rezone application before us this evening? Mr. David Strainer-l 124 Ridge Road Chris, I just have a few questions? Are you going to rezone even the houses in that strip you are just talking about? Councilman Boor-no we have numbers, parcel numbers. Mr. Strainer-Is this the land behind those houses? Councilman Turner-The land behind it that is industrial now. Mr. Strainer-Isn't that kind of hurt their values? Councilman Turner-They were hurt before because it was light industrial before. Mr. Strainer-Why did it change then? There had to be a rhyme or reason why we changed it in the first place and I was just wondering. Director Round-Sure, if you have a couple more questions then maybe I can answer them all in one discussion. Mr. Strainer-I was just thinking that is you were going to do that then why wouldn't you make it all the way out to the Boulevard and give those people that opportunity you know I can see the rest of it what you are saying you know and I can understand what it was before. I do not understand the why you changed it in the first place and there must have been a reason. When they just did the comprehensive land use plan a lot of time and effort was put into that to figure out what we needed to do to keep our growth at the right levels and in the right areas. I just think those people out front now, who might have felt a value now because behind them was a mixed use. Now to go light industrial just seems to be a little bit of a burden for them. Director Round-I will give you a little background, as Ted had indicated, that this entire area was zoned light industrial and I think when the comprehensive plan was drafted and adopted in 98' that they looked at the entire area you can see that there are a mix of uses. I think the plat on the easel shows land use classifications those colors, color codes, the reds are commercial or industrial uses the yellow are residential the pale yellow and the gray's are either vacant or under or not completely utilized. You see on the left hand side of the page is like K-Mart that is, neither classification system established by the assessor. So, that you can see it, it is a mix of uses and it is an area that has been in transition. You see there are some older residential units there are some commercial businesses that are the Mom and Pop variety there are a couple of other there is a couple distribution facilities, I think there is a commercial distributor of food goods that is on that particular corridor. So, think in the broad brush look that the comp plan and then again the zoning steering committee did look at some of these areas in a little greater detail and said hey this is an area in transition and we are hopeful that as in the Main Street Corridor that mixed use designation will allow a transition to while allowing residential use will transition to commercial, to some commercial and some services uses. In the case of this area that was seen as the CR zone was former zone and the mixed use zone kind of takes place of that CR zone. With that so, when you are looking at that in a broad brush it is difficult to look at each parcel, hey is this the appropriate zone for each individual parcel it is really difficult to make that analysis. But, what was also commented on during the process so our loss of light industrial lands in that we really value those areas because we do not have enough manufacturing not enough assembly facilities not enough inventory of lands. So, there is a balance here and what we ar trying to do I think with this change back is to shift that balance back to allow the light industrial uses to continue to exist while still providing some opportunity for some transition zoning to this mixed use designation. I do not know if it devalues a residential property I think the uses are there and they are approved land uses those light industrial uses so the neighborhood are cognoscente of the future, cognoscente of what is going on and what might happen in the future. I think when we paint them with a broad brush the plan was a little rough and what we are trying to do here is fine tune it a little bit. Mr. Strainer-Well, I would think on that southern side of the Boulevard you considered doing something with those houses there changing their zoning at the same time? Director Round -To light industrial? Mr. Strainer-Well I do not know about light industrial but maybe you know. Director Round-They will remain mixed use. So, these I think you are talking about these houses here and we do have industrial use behind them right now and they will remain mixed use. So, there is opportunity for turn over of those properties for something other than residential. Mr. Strainer-Now, that area is not sewer either is it? Director Round-I do not believe it is. Mr. Strainer-Is that another thought process too of sewering? Director Round-Well, I know this is County Line Road, there was a proposal to bring sewer out here and go to Fort Edward with the South Queensbury Sewer District Expansion that is not going to occur it is going to occur through the NIMO right of way. There is sewer in this area so it is always, it is not something that the Town has looked at bring sewer to, you answer in that question. Mr. Strainer-I do know that one little stretch of the Boulevard going toward Glens Falls from Quaker Road the sewer runs right along Warren Street there right where you were, and that little stretch there I have known people that wanted to be on the sewer they can't get to the sewer because there is open space that someone else, I do not know who owns it but I was just wondering if that was in the thoughts to of putting the sewer that way? Director Round-This is not something, I can speak for myself! do not know if Mike and Ralph, this isn't I do not think this is one of the areas that we have looked at closely. Do we want to expand facilities at this point. We have seen demand in other areas that ranks at a higher priority than this area. I think in the future if it is cost, I think engineering wise it is probably feasible to extend facilities out there. But, you do have bedrock in a couple oflocations but I think you have to look at what is the demand. We are not going to provide sewer service for residential use in this area at this time. Mr. Strainer-Do you put notices out for this for the residents? Director Round-Yea, there is a five hundred foot notice... Mr. Strainer-So, they all knew about this. Director Round-Yes. Mr. Strainer-Thank you. Supervisor Brower-Would anyone else care to comment during the public hearing at this time on this application? Ok. Hearing none I will close the public hearing and ask Board Members if they have further comment? Councilman Turner-My only concern Dennis, was that if we value the property that is there that is residential and we keep it in the mixed use zone and not incorporating. Supervisor Brower-I think the mixed use zone for the residential on Boulevard makes a lot of sense because it gives a lot of flexibility. It could be transition to the stores, or it could be multi family. Councilman Turner-But directly across the road is all residential. Councilman Boor-The north side. Councilman Turner-Yes. The north side. Director Round-Dennis, just for the publics benefit this project has been reviewed by the Town Planning Board and did provide a positive recommendation, the County Planning Board took a look at this and provided a positive recommendation for this particular project. We did discuss it at a Town Board Workshop so I just don't want to give the impression that we haven't given this considerable thought and consideration I think there has been a lot of different parties looking at the project. Supervisor Brower-Ok. Asked for motion... SEQRA A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: CI, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, Aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in CI-C5? NO C7, Other impacts (including changes in use of either quantity or type of energy)? NO D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY LOCATED ON THE BOULEVARD FROM MIXED USE (MU) TO LIGHT INDUSTRIAL (LI) RESOLUTION NO. 124. 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is considering a request by its Planning Staff to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.'s: 303.20-2-14, 15, 17, 18, 19 and 304.17-1-29 located on The Boulevard, Queensbury from Mixed Use (MU) to Light Industrial (LI), and WHEREAS, on or about December 3rd, 2002, the Queensbury Planning Board adopted a Resolution recommending that the Town Board approve such rezoning request, and WHEREAS, on or about February 13th, 2003, the Warren County Planning Board considered the proposed rezoning and recommended approval, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed rezoning on February 24th, 2003, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Short Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property bearing Tax Map No.'s: 303.20-2-14,15,17,18, 19 and 304.17-1-29 located on The Boulevard, Queensbury from Mixed Use (MU) to Light Industrial (LI), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to forward a copy of this Resolution to the Town's Zoning Administrator 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, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance 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 24th day of February, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None 2.2 Rezoning proposal Change of Classification of property located on Bay Road from Professional Office (PO) to Single Family Residential 20,000 (SFR-20) NOTICE SHOWN Supervisor Brower-Called on Director Chris Round Director Chris Round-This vertical line on the page is Bay Road and this is ACC Campus and what you are looking at is a Zoning Map rendered on a digital ortho photo you are able to see the Zoning Over layed on existing land use as it appears just a couple of years ago. An area that we are talking about is this block of land and I am going ask somebody in the audience, what is the name of the subdivision... Unknown-Brookfield Acres. Director Round-This is, most of this is part of Brookview Acres this area that is in question tonight. You can see, this is I think Rich Schermerhorn this Bay Road Office Park and the ACC Campus. Again, this is a similar project to the one before you previously in April of 2002 we re-designated the entire Bay Road Corridor and used a Professional Office Classification. The idea is that we want to see professional offices continue to grow on the Bay Road Corridor and we want to create a theme that this is our professional and cultural headquarters for the Town. We have the Town campus we have ACC campus we have a number of doctor offices and so with the PO designation we want to continue to foster that. We adopted design guide lines to talk about style and layout and we think it is happening. I think this is one of our success stories with the Zoning Ordinance. However, we did zone this residential subdivision PO and that came to our attention again, broad brush we missed one of this paint by numbers w missed one of these number here. We painted one of the one's with a two paint brush. So, what we wanted to do is we looked at this and wanted to convert it back to a residential designation. What you have in front of your tonight is a SFR - 20 zoning designation and again this has received a positive recommendation from the Planning Board and from the County Planning Board and we talked about this briefly in workshop is that this area right here we are looking and we chose a relatively arbitrary number but three hundred feet back we would continue to keep this portion of the parcel in the professional office zone the balance being in the residential zone. That would allow for consistency for professional offices fronting on Bay Road and it would preserve the residential character of the balance of the properties. I think you can see this pink is all the PO I think this area is the Hiland Park PUD we have got the Michael's Group, Waverly Place you have got Schermerhorn we have said his name a couple of tmes tonight, he has got Schermerhorn Subdivision over here an apartment complex and you have the Baybridge Homeowners Association project and I think sewer is going to be extended right here shortly and this is roughly this area is where they are going to have the pump station that is going to serve this particular area. So, that is it in a nut shell. I know we have tried a couple of conversations I know there is a couple of landowners that are present on both ends of the property that are going to have some opinions about where SFR is the appropriate designation if there is another designation that might be more appropriate. What we try to do with SFR, SFR's are most pristine or most restrictive residential zone and it only allows single family residences. Our objective when we started to look at this to correct this was hey, if we got single family residences what is the most appropriate zone for that, we chose SFR. I think there is going to be some debate whether SR is an appropriate zone or where thezone lines and I think that is what you want hear tonight from the public. But, if you have any questions I would be happy to answer any before I get up and move my other chair. Supervisor Brower-Any questions by Board Members at this time? Ok. Thank you Chris. I would like to open the public hearing and invite any interested neighbors who would like to comment on the record to please come forward simply state your name and address for the record and let us know your feeling on this application. Would you speak into the mic. for the record. Mr. Richard Hughes-resident of 10 Bayberry Drive. Our big concern is my dads parcel there the seven and a half acres on the right hand side that you pull into Bayberry is not a part of Bayberry that is his own personal property so it is being, what he would like to see after talking with him on the phone this morning, he is down in Florida, that he would like his seven and a half acres to remain in the professional office classification and then the actual Brookview acres going to the SFR-20. So, more or less his... Supervisor Brower-Could you point out, the property you are concerned about? Director Round-You have that in front of you if you look there is a button that says laser on it you press that and we..I knew you were going to do that, the other red button. There you go, thanks. Mr. Hughes-Ok. (using map) This section right here more or less and then just the other side is a lot that is all Bay Road exposure that he would like to remain as professional office because he has his property up for sale right now. Most everybody that has been looking at it has been wanting to keep the residence as their living quarters but establish, he had one guy that was an insurance man that wanted to put his insurance office out into the garage area and possibly an inlaw apartment out there. So, he felt that the professional office space would serve the type of clientele that is looking at the property so far that is the feed back that he keeps getting, that keeps looking at that the property. Councilman Brewer-Is this property extend further back than the three hundred feet that Chris referred to? Mr. Hughes-Yes. Councilman Brewer-How much further is it? Director Round-I think this is all one parcel, isn't it? Mr. Hughes-Yes. Director Round-This is where we proposed the lines you are talking about moving the lines all the way to include this entire block. Is that correct? Mr. Hughes-More or less the big block on the right hand side as you are coming in the two blocks on the right and then that little block right down on the front corner, and then the balance would be which is established in the Brookview Acres Subdivision now, is the way it is. Councilman Boor-And currently there is one house on it? Mr. Hughes-on my dad's Director Round-...there is a large... Councilman Boor-Right I think I know which one, Ijust, I want to make sure the property line is what I think you are talking about. Mr. Hughes-It joins right against the Schermerhorn's where he is developing right now. Councilman Brewer-Is that doable Chris? Director Round-You are the Board. Councilman Brewer-You are the planner. Councilman Boor-The three hundred feet you said was arbitrary. Director Round-We had some discussions with John Hughes and there were some discussions about what to do and what locations I think this is just a refinement of what they would like. I think, it is certainly something you can entertain I do not know if you are going to be able to act on it tonight because it has not been advertised in that fashion. Councilman Brewer-About right to here? Is that where he wants to go? Director Round-I believe so. Councilman Boor-It would not include the house that is there now, right or would it? Director Round-They are proposing that it would. We are trying to tailor something that was responsive to our comprehensive plan but still allowing the land owner to do some things that they want to do. So, it was difficult to when you start getting into slicing and dicing. Supervisor Brower-Would anyone else care to comment on the application before us this evening, please come forward. Goodevening. Mr. Doug Coon-32 Bayberry Drive which is at the other end of that development. I will try not to turn this thing off. It is right it is basically right here. There are sixteen acres right there and I have a house that kind of sets in the middle of it, right there. I was just hoping that I think a move from the PO designation to the SFR is definitely an improvement in the right direction but I was hoping that you might soften the blow and designate it as SR-20 and I have some reasons for that. It is an approved subdivision the whole thing of which I am part of, my part is part of it. The covenants in the subdivision have allowed since it was made in, established in 1965 and allows for single family residences and duplexes and everybody in there when they buy a house they all sign on to that. So, if you went and relegated it to single family residence then that would just take away the duplexes. I think I would like to keep that as an option. That is allowed under SR20 where it is not under SFR and i is in the covenants as being an allowed use of the subdivision. I spoke with Chris a couple of times regarding this and he stated that the town encourages intermixing of uses at some points and he pretty much thought that the intermixing of duplexes and single family residences would be a good thing not a negative thing, again, the SR20 allows for both. If you look at this now again this is the acreage I am, my part right here and there is sixteen acres here and almost all this acreage is undeveloped. So this would be the bulk of this whole what is left in the subdivision. What I am proposing is in trying to show you is that because this acreage sits right here on Meadowbrook you have got Schermerhorn here with I guess apartments in the works for this section of the property, you have got them here with apartments and then there is duplexes over here. So, to me this area would be very compatible with what is already developed in the last few years and all this has sprung up. So, this area that I own right here would lend itself to being compatible with what is already there by allowing not only the single family residences but the duplexes as well if that were to be developed in the future. That is why I wanted you to go with possibly looking at SR20 rather that SFR, because of what's also what is already there. That is all, thank you very much. Supervisor Brower-Would anyone else care to address issue? Goodevening Dave. Mr. David Strainer-1124 Ridge Road I can see where all these people have a point if you were to take on Bay Road and go back to that white house would you be allowing these offices that might possibly build there to enter and exit off from Bayberry? Would that be an option for those people who are going to, because if you look at what they are just talking about I mean, you are taking all of those houses now and you are making them a little island in between the two families and the professional offices. I do not know if these other people had been here had wanted to point that out. But, I do not see any problem with that professional office space but are you going to let them have their curb cuts unto the residential street? Director Round-I guess, you know, that is something we would have to react to in a proposal that was actually made I think in principal we like to see access to the lower roadway classification so you want to see on the local street rather than introduced additional traffic on to Bay Road. That is one of our design guidelines and that is what we encourage with the office park to the south. We want all accesses to be internalized rather than, because you create less traffic conflicts and it is a little easier movement. Some people might argue that, that is going to have a conflict in character between commercial traffic and residential traffic but a car is a car and it may change the character in number of vehicles using the road. Again, that is a site plan review issue that you have to entertain. Mr. Strainer-Well, now also are you going to take that road and connect it out to Meadowbrook where he was talking about putting in duplexes? Director Round-I do not know we do not have a proposal in front of us, we encourage, we would encourage that because again you would like to see interconnecting this to alleviate traffic pressures from every single point. We in fact encourage that on the property to the south there was at least originally proposed but it was since modified because of wetlands and the ability to cross them some army corp. regulated wetlands. Mr. Strainer-Wasn't that quite a bit of that wetlands though that sixteen acres? There was some I know when Schermerhorn was ..south Director Round-To the north. Mr. Strainer-To the south, right were Schermerhorn was building his next there was quite a bit of wetlands there wasn't there? Director Round-There was a significant amount of wetlands on that site. Mr. Strainer-So you would encourage them to put the road, continue the road from Director Round-In principal we do, yea. Mr. Strainer-Ok. Thank you. Supervisor Brower-Would anyone else care to comment on the public hearing at this time? Councilman Boor-I think to back up what Chris is saying because I can hear how that sounds but it is office professional we are talking about, it is not like it is retail sales. Mr. Strainer-I am just pointing it out, there are two people here from the ... Councilman Boor-It is not like you are taking a Walmart traffic and running it through a neighborhood it is not that type of ... Supervisor Brower-Well if there is no further public comment at this time I will close the public hearing and thank everyone for participating in the public hearing. I think we will delay any action and discuss this in our workshop session Monday and so we can talk more about it because I thought some very good comments were made this evening and we can discuss it further. No action at this time, but we will take it up in a workshop Monday and that will be at 7:00 P.M. Monday in the Supervisor's Conference Room for any interested parties that would like to be present to hear the discussion. Thank you. Are you all set Chris for your next one. 2.3 Public Hearing concerning application for Community Development Block Grant Funds through New York State Small Cities Program Notice shown Senior Planner Marilyn Reba-Good evening this is a public hearing for the Community Development Block Grant proposal for the small cities program and to my right is Charlie Philion from Shelter Planning and Development Inc. the organization that is currently working with us on the Ward 4 housing rehabilitation program. I am Marilyn Reba Senior Planner for the Town of Queensbury. There needs to be two public hearings for this application. We did have a meeting I think about a month ago or so where we attended one of your board meetings to talk about putting in a proposal. The purpose of the public hearing is go to hold two public hearings, the first one is to really relay to the public here is what is available State wide here is what is available for category here are the type of projects that can be done and to hear anything that the public has to say about community development opportunities. The second public hearing what we will be doing we have one I think scheduled for March 24th at that time we wil actually come forward with a presentation and a proposal and a resolution to apply for funding which application is due April 11th. At this point I will let Charlie take over a little bit and explain go over the details we have to go through tonight and then we will switch back to me again. Mr. Charlie Philion-Shelter Planning and Development - The CDBG program the Community Development Block Grant Program is Federal money that is allocated to the States by HUD for the fiscal year 2003. They have allocated fifty two million dollars for non entitlement areas to New York State. Sixty percent of this is available for housing public facilities through Micro Enterprise and thirty five percent is available for economic development with the other five percent for eminent threat contingencies, admin. and technical assistance. The applicants that are eligible for this are any municipality with a population of less than fifty thousand and counties of populations, of populations of less than one hundred thousand. The single purpose grant for this year, the maximum is four hundred thousand for housing public facilities and economic development which in this category if Micro-Enterprise program the economic development program up above the thirty five percent allocation is a separate program. This is n open ended funding program where you are invited by the State to apply for funding for this for an economic development deal they will bring jobs to your community. The maximum for any grant is a comprehensive grant which is six hundred and fifty thousand and it's a combination of two or more of the above, housing public facilities and economic development deals. In order to be eligible for the application he has to meet one of the three national objectives, one being the fifty one percent of the beneficiaries are in households at or below eighty percent of the medium area in come. I believe Marilyn handed you a sheet that shows the Glens Falls MSA with the income limits of a household. I expect this is as of January 31st, I believe the guidelines go up March 1st for the purpose of the application we are using the current income data. Other objectives that the program has to meet are projects that help to eliminate slum and blighting conditions or project that constitute immediate threat to health, whih are typically public improvements, sewer and water line projects. Senior Planner Reba-As Charlie mentioned there are several types of activities that can take place and for which we can apply for funds. We have talked about what we believe will be the best options for this money which is to apply for a single purpose housing grant to benefit low and moderate income people and to continue the Ward 4 Housing Program. With that in mind what we would like to do is put together surveys which will be returned to us and all information does remain confidential there. Get together an application based on continuing the Ward 4 housing program in a target area near by. However I do not want to dissuade anyone from the public who might have some other ideas or have some thoughts. Because as Charlie also mentioned there is a year round economic development component to this money where the State has realized that economic development opportunities do not always come at a certain date during the year that they can often be year round activities and we are not always able to plan a ear in advance. Where situations such as housing, sewer, water often takes a lot more planning and so that is just on an annual basis. Mr. Charlie Philion-I would emphasis the economic development program which is open ended if the Town were to apply for that does not preclude you from submitting a single purpose application at this time you can do both in the same year. Senior Planner Reba-That is it for us unless the Board of the Public has questions. Supervisor Brower-I do not have any specific questions, Tim, other Board Members? All I know is the four hundred thousand dollar grant we received last year has been utilized very effectively and there is a resolution this evening approving going slightly over our targeted dollar amount of twenty thousand dollars for a property that needs improvement. You might just report to the Board Charlie the current status of the funds and where we are as far as the expenditure of the funds. Mr. Charlie Philion-At this point I am doing this off the top of my head, I believe we have a hundred and forty thousand dollars and we have activities there is additional funds left in administration and funds left in program delivery. Also, wanted to note that Marilyn and Chris and I coordinated a lead base training class. One of the requirements for this program is the contractors that participate in this if you have lead base paint, hazards involved, have to be certified. The Town put together a program we got seven contractors came in that got certified through the program. At this point based on my best guess I think we are going to be closed out for this program by the end of the summer. Probably going to be able to do another five to six units over the summer and get that closed out which is going to be well ahead of the States mandated schedule. Supervisor Brower-Well, I am very pleased, I think we have provided people that are in need with improved housing and of course it can run anywhere from new roofs, to new heating systems to re-wiring to new windows or doors, siding in some cases so it is not only esthetic improvements but certainly it is living condition improvements. Mr. Chris Philion-There are a number of houses, there is one in particular that Tim is aware of there was a family of four they held the front door shut with a pot holder till we got it replaced. So, it is just an example of some of the living conditions that people have in this neighborhood. Supervisor Brower-Thank you. Thank you for your presentation this evening. Marilyn should I open this for any public comment that there might be. Would anyone care to comment on the housing program that was kind of outlined this evening in any fashion? No one spoke...Well Thank you I guess I will close the public hearing and thank Charlie Philion and Marilyn Reba for the hard work that they have done on this project and Tim Brewer, Tim was involved from the get go on this project and I know he spent quite a bit of time on it. So, thank you all for your efforts. 3.0 PRESENTATION 3.1 Presentation by Health Heart Director Round-Introduced Jodi Byrne, Jody is here from the Health Heart collation will talk about what the Health Heart program has done in the last couple of years. Noted he had worked with Jody and Cathy Varney who is the coordinator with the Health Heart program. Ms. Jody Brines-Gave a presentation to the Town Board on the Health Heart program, using graphic she described what the Health Heart collation does and is doing in our community. This is funded through a New York State Department of Health grant, three partners in this endeavor, Warren and Washington public health offices and Glens Falls Hospital. Spoke about the trail usage on the Warren County bike way, Feeder Canal and in 2002 Hovey Pond listing statistics of usage by age groups and other various criteria, two surveys were done to achieve the statistics of usage on the trails. Need to keep the community active and healthy by using the various trails in the area. Main goals of Health Heart are increasing physical activity opportunities and increasing awareness of eating healthfully and nutritiously. Benefits of exercise are: reduction of blood pressure, reduction of weight and body fat, reduction of cholesterol, helping to control and prevent diabetes, decrease of risk of osteoporosis, in proving selfesteem, reducing stress, reducing the risk of heart disease, cancer and other chronic diseases. Noted they felt the needs on trails would be safer connections for the trails to come together and for people to get from trail to trial or get to the beginning of the trail...noted wheel chairs needed better access...some wanted the Feeder Canal paved. . . some spoke about bathrooms and water and shelter area... trails groomed in the winter for sking... Congratulate the efforts that Queensbury has done, encourage you to continue to vest in the development and maintenance of the trail systems. Director Round -Noted that trail use has doubled in two year because of increased awareness ... Councilman Stec and I have been working on improving our road systems so we can get safely from the road to a trail... 4.0 CORRESPONDENCE - NONE 5.0 INTRODUCTION OF RESOLUTIONS FROM FLOOR Town Counsel Hanfer noted he was asked by the Supervisor to draft a resolution regarding the Highway Dept. plowing at fire houses and ems buildings .... Supervisor Brower-noted the Highway Supt. will not be the primary vendor for said services... Councilman Boor-Will we or the Town Comptroller have a record that will show when and what the Highway Superintendent does? So we do not get doubled billed. Town Counsel Hafner-It is not going to change the financial payments to the fire company. Councilman Stec-Or to the Highway Department. Councilman Boor-I know it is not going to. Agreed to by the board... (see resolution no. 139.2003) Supervisor Brower-Requested that 7.15 be pulled to be discussed in an executive session. 6.0 OPEN FORUM Mr. David Strainer-1124 Ridge Road Noted how nice the floor turned out at the Center...what would complement this floor would be new chairs...Questioned if the West Glens Falls Emergency Squad sell their building? Town Board-No Mr. Strainer-Is it in the works to be sold? I read they were going to purchase land next to the West Glens Falls Fire Department. Supervisor Brower-I do not know that it will be soon. Councilman Brewer-We are looking at all options. Mr. Strainer-Are you aware that the West Glens Falls Rescue Squad services ACC, now Bay Ridge which is two miles down the street does not service the college which they are closer to. I have felt in the past that we need to look at re-districting. When I heard they were taking that rescue squad and moving it possibly next to the West Glens Falls Fire Station I felt the center of Queensbury which they service they are going to be further from those people by locating at that location. I think the location they are in now is very good. Supervisor Brower-They seem to think that they will have similar response times from that location as they do currently. Mr. Strainer-Questioned if the Town has been looking at a paid service? It is something that should be looked at. Supervisor Brower-Asked for further input...Open Forum Closed. 8.0 RESOLUTIONS RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY DANIEL A. VALENTE TO PLANNING BOARD RESOLUTION NO. 125, 2003 MOTION DEFEATED INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Daniel A. Valente has submitted an application to the Queensbury Town Clerk's Office for rezoning of a parcel of property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-15-020 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for its advisory report and recommendation: APPLICATION OF Daniel A. Valente TAX MAP NO: 296.15-1-2 LOCATION OF PROPERTY West Side of Bay Road, One mile north of the Quaker and Bay Roads Intersection, Queensbury, NY APPLICATION FOR Rezoning of portion of a parcel currently zoned Professional Office (PO) to Single Family Residential 10,000 Square Feet (SFR-IO); and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to be Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencIes. Duly adopted this 24th day of February, 2003, by the following vote: AYES : Mr. Stec, Mr. Brewer NOES Mr. Brower, Mr. Boor, Mr. Turner ABSENT: None Discussion held before vote: Councilman Brewer-This is just merely sending it to the Planning Board Councilman Boor-I do not have a problem with us being lead agent, but I have some issues of what is being asked in paperwork. Supervisor Brower-Roger would like to discuss this in workshop session. Councilman Boor-Chris made some great points tonight and I think Mr. Coon did too, about the Bay Road corridor and densities, and appropriate lot sizes and if you look at the lot sizes that are being sought here I have some questions about that. Councilman Brewer-Questioned if we hold up with this affect the schedule? Director Round-I do not think that is critically affects the schedule. Councilman Brewer-If we introduce it could we talk about it next week? Director Round-I think by acting on the resolution you are committing to a course of action to happen, the Planning Board would look at it in its current form. Councilman Boor-I have a problem with that. Councilman Brewer-I don't. Supervisor Brower-I wuld like to discuss it further. I do not think it hurts to discuss this further since it is a change in zone. Councilman Brewer-That is fine but why are we doing this the night this comes to the Town Board. Councilman Boor- Because this is the first time we have gotten it. I was totally unaware of the lot sizes and the density being asked for until I read this. Supervisor Brower-I think before we send it to the Planning Board we ought to be sure that this is what we would like to see there. Vote taken. RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR CASE FILE #4638 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 126,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants up to 100% of the cost of rehabilitation, up to a maximum of $20,000 per unit whichever is less, and WHEREAS, a single family property, Case File # 4638, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, by Resolution No.: 467,2002, the Queensbury Town Board approved a rehabilitation grant in the amount of twenty-five thousand dollars ($25,000) for Case File #4638, and WHEREAS, property rehabilitation specifications have been revised to include additional work, and WHEREAS, the revised cost to complete the work specified is twenty-five thousand four-hundred dollars ($25,400) and is still the lowest acceptable cost, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Town Board approves a grant for Case File #4638, Queensbury, New York, in the amount not to exceed twenty-five thousand four-hundred dollars ($25,400) and authorizes and directs the Town Supervisor and/or Town Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT None RESOLUTION AUTHORIZING PURCHASE OF ONE (1) INTERNATIONAL 7600 SFA 6X4 TRUCK FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 127,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Highway Superintendent has advised the Town Board that he wishes to purchase one (1) International 7600 SF A 6x4 Truck for use by the Town Highway Department, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC59771, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent's purchase of one (1) International 7600 SF A 6x4 Truck from International Truck & Engine Corporation in accordance with New York State Contract #PC5977I for an amount not to exceed $82,452.70 to be paid for from funds budgeted in the current year from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Town Comptroller and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF TOWN'S ANNUAL COMPUTER SERVER SOFTWARE MAINTENANCE RESOLUTION NO.: 128,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town's Computer Technology Coordinator has advised the Town Board that he wishes to purchase the Town's Annual Server Software Maintenance, and WHEREAS, New York State Bidding is not required as the purchase price for the computer maintenance software and services is in accordance with New York State Contract pricing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Computer Technology Coordinator's purchase of the Town's Annual Server Software Maintenance as set forth in his February 12th, 2003 Memorandum presented at this meeting, from Software House International in accordance with New York State Contract PT-00402 pricing for an amount not to exceed $5,315 to be paid for from Account No.: 01-1680-4335 ($4,895) and Account No.: 40-1680-2032 ($420), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Computer Technology Coordinator and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF VAN DUSEN & STEVES LAND SURVEYORS FOR GIS MAPPING OF WATER, SEWER, LIGHTING AND DRAINAGE DISTRICTS IN TOWN OF QUEENSBURY RESOLUTION NO.: 129,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town Supervisor, Town Water Superintendent, Town Information Technology Director and Town Land Use Planner met and together have recommended that the Town Board authorize engagement of a surveying firm for GIS mapping of the water, sewer, lighting and drainage districts within the Town of Queensbury, such mapping to be compatible with the Town's ARCVIEW software, and WHEREAS, VanDusen & Steves, Land Surveyors has offered to provide these services for a total of $11,700 as set forth in its February 7th, 2003 proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of VanDusen & Steves Land Surveyors for GIS mapping of the water, sewer, lighting and drainage districts within the Town of Queensbury, such mapping to be compatible with the Town's ARCVIEW software, and BE IT FURTHER, RESOLVED, that the cost of such mapping work shall be as follows: Water Districts $ 5,850 - From Account No.: 040-8310- 4720 Sewer Districts $ 3,510 - From Account No.: 032-8110- 4720 Lighting and Drainage Districts TOTAL $ 2,340 - From Account No.: 001-1440-4720 $11,700 with payment for such work to be paid for from the listed account(s) which have been determined appropriate by the Town Comptroller's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Town Supervisor and/or Town Comptroller to sign any documentation and take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF $100 GIFT FROM NORTHWAY CHRISTIAN F AMIL Y CHURCH RESOLUTION NO.: 130.2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Northway Christian Family Church has donated $100 to the Town of Queensbury in an effort to help the community, WHEREAS, the Town Board wishes to authorize acceptance of this generous gift, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, in accordance with New York State Town Law ~64(8), hereby approves and accepts the $100 gift from the Northway Christian Family Church, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller to place the $100 in a restricted account for use in paying for defibrillators to be located within Town Hall in the future, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to send a copy of this Resolution to the Northway Christian Family Church with the Town Board's thanks for the Church's generosity and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None Letter read by Supervisor: January 2003 Town of Queensbury 12804 Dear Mr. Brower, Enclosed please find a check in the amount of $100 made out to the Town of Queensbury form Northway Christian Family Church. We are a new church in this area (our first official service was on November 3, 2002), and we want to be a blessing to this community. Although we are a new, small church, it is our desire to help this community be the best it can possibly be. In addition to the support we plan to send from time to time, please know that we pray regularly for you and the other leaders of this area. In addition to renting the Masonic Community Center at 15 Burke Drive in Queensbury to hold our services, my wife and I moved this past summer to the Town of Queensbury and we have quickly fallen in love with it. We are grateful to have the opportunity to live and to serve in such a wonderful area. Ifwe can be of assistance to you in any way, please let us know. God bless you and have a great year! Sincerely, Isl John Tether Pastor, Northway Christian Family Church RESOLUTION AUTHORIZING AGREEMENT BETWEEN WARREN COUNTY ACTING FOR AND ON BEHALF OF WARREN-HAMILTON COUNTIES' OFFICE FOR THE AGING AND TOWN OF QUEENSBURY RESOLUTION NO. 131, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Warren County, on behalf of the Warren-Hamilton Counties' Office for the Aging, has presented the Queensbury Town Board with an Agreement for transportation for the elderly services for 2003, with Warren County to reimburse the Town in the amount of $6,607 for the Town's provision of these services, and WHEREAS, the Agreement is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with Warren County on behalf of the Warren-Hamilton Counties' Office for the Aging and further authorizes and directs the Town Supervisor to execute the Agreement with a revision to make the insurance provisions consistent with Town Policy and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None Discussion held regarding insurance coverage.. . noted the certificate of insurance is right the resolution will be amended to read in the last resolved "with a revision to make the insurance provisions consistent with Town Policy" Councilman Stec and Councilman Turner agreed to the change... RESOLUTION APPROVING YEAR 2002 SERVICE AWARD PROGRAM RECORDS FOR BAY RIDGE VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 132. 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously authorized engagement ofPENFLEX, Inc., to provide the 2002 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 2002 Service Award Program Records, and WHEREAS, the Town Supervisor's Office has received and reviewed the records from the Bay Ridge 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 2002 Volunteer Fire Company Service Award Program Records for the Bay Ridge Volunteer Fire Company, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION APPROVING YEAR 2002 SERVICE AWARD PROGRAM RECORDS FOR QUEENSBURY CENTRAL VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 133.2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board previously authorized engagement ofPENFLEX, Inc., to provide the 2002 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 2002 Service Award Program Records, and WHEREAS, the Town Supervisor's Office has received and reviewed the records from the Queensbury Central 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 2002 Volunteer Fire Company Service Award Program Records for the Queensbury Central Volunteer Fire Company, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of February, 2003, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. FOR ROUTE 9 STREET LIGHT DESIGN SERVICES RESOLUTION NO.: 134,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury's Executive Director of Community Development has recommended that the Town Board authorize engagement of C.T. Male Associates, P.c. for Route 9 street light design services concerning the section of Route 9 between Route 149 and the Warren County Municipal Center, as C.T. Male Associates, P.c. is already under contract with the Town for design, contract administration and construction observation services in connection with the creation of the proposed Route 9 Sewer District and therefore has already prepared a survey of the area's underground and overhead utilities, and WHEREAS, C. T. Male has offered to perform the required Route 9 street light design services for an amount not to exceed $6,700 as delineated in c.T. Male's Proposal dated October 10th, 2002 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates, P.C. for street lighting design services concerning the section of Route 9 located between Route 149 and the Warren County Municipal Center, for an amount not to exceed $6,700 as delineated in C.T. Male's Proposal dated October 10th, 2002 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for c.T. Male's services shall be paid for from the Engineering Services (1440) and Consultant Fees (4720) Accounts as more specifically determined by the Town Comptroller, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Executive Director of Community Development, Town Comptroller and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING REALIGNMENT OF BOUNDARIES FOR TOWN OF QUEENSBURY ELECTION DISTRICTS RESOLUTION NO. 135. 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, as a result of increased population growth within the Town of Queensbury the Town Board wishes to realign the Town's election district boundaries in accordance with New York State Election Law (4-100, and WHEREAS, copies of the descriptions and maps of the election districts as proposed to be realigned have been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and designates the realignment of the Town of Queensbury's election district boundaries as delineated on the descriptions and maps presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a certified copy of this Resolution along with copies of the new election district descriptions and maps presented at this meeting to the Warren County Board of Elections and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None (map and list on file in Town Clerk's Office) RESOLUTION AUTHORIZING ENGAGEMENT OF MATTHEWS CREMATION GROUP TO REPAIR CRAWFORD CREMATION UNIT AT PINEVIEW CEMETERY RESOLUTION NO.: 136,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Memorandum dated February 12, 2003, the Town of Queensbury Cemetery Commission has advised the Town Board that the Crawford Cremation Unit at the Pineview Cemetery is in need of repair, and WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended that the Town Board engage the services of Matthews Cremation Group to repair the cremation unit as delineated in Matthews Cremation Group's January 10th, 2003 proposal presented at this meeting for a total amount not to exceed $26,333, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Matthews Cremation Group to repair the Crawford Cremation Unit at the Pineview Cemetery as set forth in Matthews Cremation Group's January 10th, 2003 Proposal presented at this meeting, for an amount not to exceed $18,051 for the repairs set forth in Option I and $8,282 for the repairs set forth in Option 2, for a total amount not to exceed $26,333, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to transfer $26,333 from Health Insurance Premiums Account No. 002-9060-8060 to Building Repairs, Service & Supplies Account No: 002-8810-4070-11-11 and amend the 2003 budget accordingly, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign Matthews Cremation Group's January 10th, 2003 Proposal presented at this meeting as well as any other needed documentation and authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Comptroller to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None Discussion held before vote: Supervisor Brower introduced to the Town Board Mr. Michael Genier Pine View Cemetery Superintendent ... Mr. Genier-Reviewed for the Town the condition of the older retort, and the status of repairing said unit... (showed pictures of the retort to the Town Board) RESOLUTION AUTHORIZING HIRING OF PART-TIME PERMANENT SENIOR TYPIST IN WASTEWATER DEPARTMENT RESOLUTION NO. : 137. 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Deputy Wastewater Director has advised that the permanent, part-time Senior Typist in the Wastewater Department has submitted her resignation and therefore the Deputy Wastewater Director has requested Town Board authorization to appoint a replacement to work approximately 30 hours a week, and WHEREAS, the Deputy Wastewater Director reviewed resumes, interviewed interested candidates and wishes to make an appointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Barbara Ford as a permanent, part-time Senior Typist in the Town's Wastewater Department at the rate of $13.55 per hour to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that this appointment shall be effective February 25th, 2003 and shall be subject to a six month probation period and satisfactory completion of a pre-employment physical, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Comptroller and/or Wastewater Director or Deputy Director to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION TO AMEND 2003 BUDGET RESOLUTION NO.: 138.2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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 2003 Town Budget as follows: WATER: FROM: TO: $ AMOUNT: 40-8340-4400 (Misc. Contr.) 40-8340-2060 (Tool) 10. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None 7.0 RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR RESOLUTION AUTHORIZING HIGHWAY SUPERINTENDENT TO PROVIDE PLOWING SERVICES TO TOWN FIRE COMPANIES AND EMERGENCY MEDICAL SERVICE COMPANIES RESOLUTION NO.: 139, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board has historically entered into contracts with the Town's five (5) Fire Companies and three (3) Emergency Medical Service Companies, and WHEREAS, these contracts have historically included a provision where the Town Highway Department would help with the plowing of the Fire Companies and Emergency Medical Service Companies' driving and parking areas in certain circumstances, and WHEREAS, such plowing was not ever to replace the Fire Companies' and Emergency Medical Service Companies' own care of such areas but was done to help them in a way that does not affect the Town Highway Superintendent's ability to perform his statutory duties, and WHEREAS, such contract provisions were bargained-for consideration which was an integral part of the contracts, and WHEREAS, such service helps keep the Town's cost of providing fire and emergency services down and helps facilitate the continued availability of fire and emergency services during bad weather conditions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Highway Superintendent to provide such plowing services as he deems appropriate until such time as corrected contracts can be prepared and executed between the Town and its Fire Companies and Emergency Medical Service Companies, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to prepare appropriate language in form acceptable to the Town Supervisor and Town Highway Superintendent to add to all such Fire and Emergency Service Agreements, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute corrected contracts with such inadvertently left-out language included and the Town Supervisor, Town Highway Superintendent and Town Counsel to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of February, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None 8.0 TOWN BOARD DISCUSSIONS Councilman Boor-Eventually we are going to have to deal with the marina issue and I am wondering if we might want to put a committee together that would involve or include some people who currently own marina's maybe some people who are just residents who don't have marina's I think it is going to be a difficult issue to deal with and I do not know if any of us have the expertise on what actually occurs at the lake. I am not sure how we are going to arrive at the appropriate decision. I am not sure what the best approach is going to be. Supervisor Brower-We hope to talk about this at the Monday night workshop. Director Round-Noted he had drafted a memo to the Board to move forward with the authorization of the amendment that we put in front of you, the amendment to allow for grand fathering of marinas that can document legally preexisting use. Noted he would encourage a dialog with the LGA, Park Commission and see what the lake community want to do about boat usage and not try to do something just in Queensbury that is not going to help the entire lake. Councilman Boor-When you say grand fathering to 81' does that mean that they would not be obligated to meet current criteria? They would not have to have adequate parking they would not have to have rest rooms? Director Round-No, all we are looking to do is, they would continue their operation they are still going to have to obtain a park commission permit and still obtain a special use permit so we do have to provide for parking etc. what it doesn't do is it does not allow you to deny them. Under the special use permit process you can deny an applicant because you think there is going to be a negative impact outside of the environmental areas. Supervisor Brower-Noted the Planning Board has struggles with that... Director Round- I think part of it is it is a very difficult thing to do because I do not know if you have read the letters to the editor, about public opinion is allover the place so it is going to be a real difficult thing to reach a consensus on. Councilman Stec-Have you heard anything more about the property next to the Docksider? Noted the Recreation Commission has made an offer on the property... Supervisor Brower-Noted he has not heard anything on it. Councilman Boor-Noted he knew there had been an offer made but did not know if it had been accepted. Councilman Stec-I am all for acquiring the property, and I do not have a problem with what has been offered but can the recreation commission buy property without town board's official approval? Town Counsel Hafner-Noted that can be discussed as Attorney Client. Town Comptroller Hess-From my perspective we would not disperse money without Town Board approval. 9.0 ATTORNEY MATTERS NONE 10.0 EXECUTIVE SESSION RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 140.2003 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 moves into an Executive Session to discuss an personnel issue. Duly adopted this 24th day of February, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None No action taken RESOLUTION ADJOURNING EXECUTIVE AND REGULAR SESSION RESOLUITON NO. 141.2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and Regular Town Board Meeting. Duly adopted this 24th day of February, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury