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2010-07-19 SP MTG. #27 962 TOWN BOARD SPECIAL MEETING 07-19-2010 MTG. #27 SPECIAL TOWN BOARD MEETING MTG. #27 962 JULY 19, 2010 RES. 257-259 6:30 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI-ABSENT COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER – ABSENT CRAIG BROWN – ZONING ADMINISTRATOR STU BAKER- SR. PLANNER POST STAR ATTORNEY BRIAN S. REICHENBACH Supervisor Stec-Opened the Meeting- noted that Councilman Brewer was ill this evening and would not be present, Councilman Montesi was expected to attend. RESOLUTION AUTHORIZING ENGAGEMENT OF STAFFORD, CARR & MC NALLY, P.C., BRIAN S. REICHENBACH, OF COUNSEL IN CONNECTION WITH NYS DMV V HON. MICHAEL MULLER RESOLUTION NO.: 257, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to engage the legal services of Stafford, Carr & McNally, P.C., Brian S. Reichenbach, Of Counsel in connection with the defense of an Article 78 special proceeding commenced by the New York State Department of Motor Vehicles v. Queensbury Town Justice th Michael Muller, such services to be provided at $225.00 hourly, as delineated in the firm’s July 19, 2010 Letter of Engagement presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Stafford, Carr & McNally, P.C., Brian S. Reichenbach, Of Counsel in connection with the defense of an Article 78 special proceeding commenced by the New York State Department of Motor Vehicles v. Queensbury Town Justice th Michael Muller, such services to be provided at $225.00 hourly, as delineated in the firm’s July 19, 2010 Letter of Engagement presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes payment for these services shall be paid for from accounts to be determined by the Town’s Budget Officer and the Town Board authorizes and directs the Town Budget Officer to make any needed budget transfers or amendments to the 2010 Town Budget to provide for such payment, and 963 TOWN BOARD SPECIAL MEETING 07-19-2010 MTG. #27 963 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Letter of Engagement substantially in the form presented at this meeting and any other needed documentation and the Town Supervisor, Town Counsel and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of July, 2010, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Montesi, Mr. Brewer Discussion held before vote: Supervisor Stec-Attorney Reichenbach is currently serving a local part time justice in Warren County and so he is prohibited from appearing in front of other part time town justices in Warren County of which Mike Muller and Bob McNally are in Queensbury. He cannot appear in front of them but that does not mean that he can’t defend them. I have spoken to Board Members Brien Reichenbach has suggested that he would reduce his hourly rate 10% from $250.00 to $225.00 he also elaborated to me since this is an Article 78 that this is likely to last only a couple, three months. There has been concerns by the Board Members that we are being drawn into this fight more than we would like to. Mr. Reichenbach knows of the Boards concerns. Besides the motorcycle issue itself, is the integrity and the authority of the Town Court. In the conversation that I had with Mike Muller, he said you do have the facts of the specific case then you have the broader issue of the Attorney General’s Office stepping in and doing what we believe it has and the ramifications that may have not only in Queensbury Town Court but in Town courts perhaps through the State. The Board agrees that the facts of the case and the situation that arisen us to the point of where we have to hire an Attorney to defend one of our judges is a little ludicrous to us. Attorney Reichenbach-I think you have stated it very well, it is an Article 78 proceeding which is much more brief. There have been papers already filed with the Court we will answer those and here should be a hearing before Judge Krogmann and he should render a decision. Councilman Strough-Has a date been set for that? thst Attorney Reichenbach-A date of July 30 with answering papers to be submitted by July 21. As I am just being retained now I am not going to be able to meet that date, will ask for an adjournment. Supervisor Stec-Noted that Councilman Strough and Councilman Metivier agree to a change in the resolution to reflect an hourly rate of $225.00. Vote taken RESOLUTION DECLARING A HEALTH HAZARD AND ORDERING CLEAN-UP OF PROPERTY OWNED BY DAWN ROBICHAUD LOCATED AT 59 RICHARDSON STREET (TAX MAP NO.: 309.19-1-1) RESOLUTION NO. 258, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION 964 TOWN BOARD SPECIAL MEETING 07-19-2010 MTG. #27 964 SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has advised the Town’s Local Board of Health that he has received complaints about a large amount of junk, debris and garbage on the property owned by Dawn Robichaud located at 59 Richardson Street in the Town of Queensbury (Tax Map No.: 309.19-1-1), and WHEREAS, the Director has investigated and inspected the property and has advised that there is a large amount of junk, debris and garbage on such property, as well as inside the residence, and therefore, in his opinion, there are violations of the Town’s Garbage and Junkyard Ordinances, the property constitutes a health hazard and nuisance to the neighborhood as there are small children in proximity to the property, the property is unsafe to the general public and the owner has abandoned the property, and therefore the Director strongly recommends that the Board of Health take immediate action to clean-up the property, and th WHEREAS, by letter dated July 16, 2010, the Town’s Health Officer has advised that in his opinion the property is a health hazard and needs to be cleaned-up immediately, and NOW, THEREFORE, BE IT RESOLVED, that after reviewing all of the evidence presented at this time, the Town of Queensbury Local Board of Health is of the opinion that the property owned by Dawn Robichaud bearing Tax Map No.: 309.19-1-1 and located at 59 Richardson Street, Queensbury appears to be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous and there is a clear and imminent danger to the life, safety or health of the general public and therefore directs the Director of Building and Codes Enforcement to arrange for the immediate clean-up of the debris and garbage on such property and thereafter assess any charge to the real property in accordance with the emergency provisions of the New York Public Health Law, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Highway Department to commence the clean-up of this property, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes payment for the immediate clean-up services to be paid for from accounts as will be determined by the Town’s Budget Officer and the Town Board authorizes and directs the Town Budget Officer to make any needed budget transfers or amendments to the 2010 Town Budget as may be necessary to provide for such payment, and BE IT FURTHER, 965 TOWN BOARD SPECIAL MEETING 07-19-2010 MTG. #27 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town 965 Highway Superintendent, Director of Building and Codes Enforcement and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of July, 2010 by the following vote: AYES : Mr. Strough, Mr. Strough, Mr. Stec NOES : None ABSENT : Mr. Montesi, Mr. Brewer Discussion held before vote: Supervisor Stec-Noted a letter received from Dr. Garner the Town th Health Officer dated July 19 Dear Town of Queensbury, I have inspected the property at 59 Richardson Street, Queensbury, New York. I find this abandoned house to be a health hazard, there is garbage on the side porch, in the garage and throughout the house this represents a health hazard and needs to be cleaned up. Dave Hatin the Building and Codes Enforcement Officer has been trying to bring this into compliance and has not been able to in the mean time we do have a health hazard. The Town Highway Dept. has agreed to send a truck and crew to haul the garbage away. Councilman Metiver-Do we put a lien on this? Supervisor Stec-This authorizes us to assess any charges to the real property. ZONING CODE REVIEW ARTICLE 7 ? Page 2 Mixed Use Centers – requested to pull this out Use small d and small c – not a particular district, any commercial district ? Cross reference design standards for signs to the Sign Code ? 179-7-30 Commercial Districts, Main Street Standards and Industrial Guidelines reference as standards not guidelines ? Insert description of four areas such as Route 254 and Route 9 as prepared by Councilman Strough ? Clarification of application Buffer Standards – historically between uses not districts ? Main Street – Front setback requirement, 21 feet from edge of pavement, need to address those that don’t front on Main Street but the side streets – suggested 20’ front setback ? Discussion on removal of design guidelines on Main Street-South Queensbury … change zoning in South Queensbury to neighborhood commercial and add retail ? raise height limits in neighborhood commercial to 50 feet outside the APA ? Change wording – tree plantings-should read planting between curb and sidewalk ? Setbacks on Northway 500’ from right of way - requested that this be worded that if it is an existing home such as an expansion you can do that …no new residential units within 50’ of the Northway right of way line - Interstate Overlay ? Under Industrial Zone-Off street parking in front of buildings is prohibited - take it out ? Under Site design- leave in buffers and take out district and replace with uses ARTICLE 9 SITE PLAN REVIEW ? 179-9-020 B. add except that changes in permitted uses, within an approved business complex which do not increase the required parking or change the 966 TOWN BOARD SPECIAL MEETING 07-19-2010 MTG. #27 exterior of buildings, the layout of the site or any site features, do not require site 966 plan review. ? Under C take out Changes in permitted uses, which to not increase the required parking or change in the exterior of buildings, the layout of the site or any site features, do not require site plan review. MAP ISSUES ? Discussed area of Glenwood and Bay Road – As Office Zoned – will have Craig Brown delineate the area to be rezone and prepare the documents for a public hearing. USE TABLES Area table ? MDR Review and setbacks. Agreed Between Luzerne Road and Corinth Road and the Northway and Minnesota the States Avenue Area will be rezoned that is something going to allow for easier development the MDR setbacks are too strict. Suggested to be rezoned Neighborhood Residential Agreed to. ? Suggested that the lot width and road frontage should be the same. LC-42A and LC-10A and PR-42A change to 400 feet for both. Agreed to ? Waterfront Residential Building height-28’ Permeable amount 75% ? RR-3A Building Height 35’ ? Neighborhood Res. Water frontage to 50’ Building Height 35’ ? Commercial Symbol CM Merchandise Display 25’ from edge of pavement ? Commercial Intensive CI and Merchandise Display 25’from edge of pavement ? Office notes take out Maximum building footprint is 75,000sf Under Shire line 75’ ? Main Street - Build to line 12’ ? In note section #3 add wording acres of land after word two and after word one #4 add wording acre of land after Five tenths and add of land after 10,000 square feet #5 take out feet for row housing, which is encouraged and add if connected #6 add of land after One acre and after 0.5 acre #7 add of land after feet Town Board discussed Aviation Mall and turning lanes into the mall and connector road. ? Enclosed shopping center –whatever building size they get is driven by how much parking they can have and meeting the permeability numbers. SUMMARY OF ALLOWED USES IN RESIDENTIAL DISTRICTS ? Agricultural Use – MDR remove SPR ? Fire Range taken out, see Sportsman club/firing range ? Multi Family Dwelling under MDR to be SPR Under Duplex MDR And NR and RR5 A, foot note more than on duplex on a lot triggers SPR ? Personal Service remove ? Veterinary Clinic – under MDR And Office Zone SUP TABLE 3 COMMERCIAL DISTRICTS ? Take out Agricultural Use ? Apartment House/Condos - in Main Street Zone delete PU or SPR ? Business Service – Neighborhood Commercial add SPR ? Food Service –Enclosed Shopping Center SPR ? Golf Course-Recreation Commercial SPR remove (1) ? Motel – Neighborhood Commercial remove 967 TOWN BOARD SPECIAL MEETING 07-19-2010 MTG. #27 ? Multi-family house/condos – Main Street remove 967 ? Office, Large Commercial Moderate SPR Office SPR (2) ? Personal Service Business – remove ? Add Public or Semi-Public Building SPR all categories except Recreation Commercial ? Remove Public/Semi Public Assembly ? Under Key add (1) Chapter 160 (Transient Merchants) of Queensbury Town Code is also applicable. TABLE 4 SUMMARY OF ALLOWED USES IN INDUSTRIAL DISTRICTS ? Distribution Center Commercial Light Industrial SPR ? Add Health Related Facility Commercial Light Industrial SPR ? Add Limousine Service Commercial Light Industrial SPR ? Add Motel Commercial Light Industrial to be discussed at a later time ? Remove Office ? Office, Small Commercial Light Industrial SPR ? Place of Worship Remove ? Produce Stand remove ? Public or Semi-Public Building Commercial Light Industrial SPR ? Remove Sand & Gravel Extraction remove ? School – Commercial Light Industrial SPR Supervisor Stec-Next Meeting on this will probably be in August we will deal with Article 10 Rezoning on Glenwood – for August Councilman Metivier-spoke to the Board on the upcoming plans for West Mountain RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 259.2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 19 day of July, 2010 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Montesi, Mr. Brewer Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury