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1979-11-20 SP Special Meeting November 20, 1979 Members Present : Michel Brandt, Supervisor Daniel Olson, Counal-lman Charles Eisenhart, Councilman Frances Walter, Councilman Hammond Robertson, Councilman Joesph Brennan, gown Counsel Guests : League of Women Voters , Mr. Harris, Town Officials: Stephen Lynn, Thomas Flaherty, Michael Swan. Meeting was opened at 7:35 P.M. with a salute to the flag by Mrs. Walter. RESOLUTION TO APPROVE MINUTES R •�O UTTON NO_ U8 , introduced by Mr. Olson, who moved its adoption seconded by Mrs. Walter. RESOLVED, that the minutes of November 8 and November 13, 1979 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt/ Noes: None. Absent: None. RESOLUTION TO TRANSFER FUNDS ttF�0111TTON NO, 369, introduced by Mr. Brandt, who moved its adoption seconded by Mr. Robertson. WHEREAS, the Recreation Department conducted a number of summer programs which were not initially budgeted for in the 1979 department budget and WHEREAS, 50%of the cost of these programs will be received in the form of reimbursement from the New York State Division for Youth in March, 1980, and WHEREAS, the Recreation Department anticipates starting winter programs early in December and the Recreation Director has projected that available funds in A 7310.100, Personal Services and A 7310.440, Contractual Services will not be sufficient to cover these programs for a three week period until December 31, 1979, now therefore be it RESOLVED, to transfer $900.00 from A909, Fund Balance to A 7310. 100, Youth Programs, Personal Services , and $1000.00 from A909 , Fund Balance to A7310.440 Youth Programs Contractual for a total of $1900.00. Duly adopted by the following vote : ,. Ayes: ""— Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None. Absent: None Discussion held before vote: Mr. Eisehhart asked if Mr. Hansen went beyond his budget. Mr. Brandt explained that in setting up Mini-parks this year, proper funding for these will not be coming in the near future , therefore extra funding is needed to finish out the year. I 88 R7-SOLUTION AUTHORIZING RETENTION BY WARREN COUNTY TREASURER OF $520,533.00 IN 1980 SALES TAX REVENUES ALLOCABLE TO THE TOWN OF QUEENSBURY. RESOLUTION NQ_ 370, introduced by Mr. Brandt, who moved its adoption seconded by Mr. Eisenhart. WHEREAS, the Town of Queensbury in accordance with the provisions of Tax Law Section 1361 has previously duly adopted a resolution to accept sales tas revenues in direct payment rather than as a credit to reduce the annual Warren County taxes levied upon real property in the Town of Queensbury and WHEREAS it is estimated b y the Warren County Treasurer that the Town of Queensbury will receive as its share of sales tax revenues collected in 1980, an amount in excess of $1 ,400,000, and WHEREAS, it has been determined that the operation of the Town of Queensbury will not necessitate the receipt of the total sum of $1,400,000, and WHEREAS, it has been determined that the operation of the Town of Queensbury will not necessitateathe receipt of the total sum of $1,400,000. and WHEREAS, an inordinante increase in the 1980 Warren County Tax levied upon the real property in the Town of Queensbury will result unless a portion of the 1980 sales tax revenues is applied to reduce the 1980 Warren County taxes levied upon real property in the Town of Queensbury and WHEREAS, in order to reduce the 1980 County taxes levied upon real property in the Town, it appears that the Town os able to allow the sum of $520,533.00 to be retained by Warren County and to be applied to reduce said county taxes , and WHEREAS such would appear to be in the best interest of the Town of Queensbury and the eesidents thereof, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury authorize the Warren County Treasurer to retain the first $520,533.00 allocable for payment to the Town of Queensbury that is received• by the County of Warren from the State of New York in sales tax revenues collected as a result of sales during the calendar year 1980 and BE IT FURTHER RESOLVED, that the County of Warren apply said $520,533.00 as an anticipated revenue in the 1980 Warren County Budget for the purpose of establishing a 1980 Warren County Tax rate with respect to County taxes to be levied upon real property in the Town of Queensbury and BE IT FURTHER RESOLVED, that the Supervisor of the Town of Queensbury be authorized to execute on behalf of the Town of Queensbury a written agreement with the County of Warren binding the Town of Queensbury to pay to the County __. of Warren said sum of $520,533.00 in accordance with the payment schedule set forth above and , be it further RESOLVED, that the Town Clerk of the Town of Queensbury be directed to forward immediately a certified copy of this resolution to the Chairman. of the Warren County Board of Supervisors , the Budget Officer of the Warren County Board of Supervisors and the Clerk of the Warren County Board of Supervisors . 39 Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt. Noes : None. Absent : None. A discussion was held by the Board before this vote as to why this is being done and how it is to be done. RESOLUTION AUTHORIZING THE ISSUANCE OF A $3000.00 BONN ANTICIPATION RENEWAL NOTE OF THE TOWN OF QUEENSBURY, COUNTY OF WARREN, TO RENEW IN PART A $31,000.00 BOND ANTICIPATION NOTE OF SAID TOWN TO PAY THE COST OF THE PURCHASE OF A TELEPHONE 60NMJNICATION SYSTEM FOR BAIDTOWN RF50TIITTON Nn 371 introduced by Mr. Brandt, who moved its adoption seconded by Mr. Robertson. WHEREAS, the Town Board of the Town of Queensbury on May 27 , 1975 adopted a bond anticipation note rewolution in the amount of $31,000.00; and WHEREAS, a renwwal bond anticipation note in the amount of $9 ,200.00 was subsequently renewed and sold by the Supervisor of the Town of Queensbury to the First National Bank of Glens, Falls, Glens Falls, N.Y. WHEREAS, said renewal bond anticipation note is due and payable as of November 23, 19792 NOW THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is authorized to (a) Pay towards said renewal bond anticipation note the sum of $6,200.00, and (b) To renew partially said bond anticipation note with a balance of $3000.00 with the Glens Falls National Bank & Trust Company, Glens Falls , New York for a period running from November 23, 1979 to November 22, 1980 with interest at the rate of 6. 75 percent per annum ( a copy of the renewal bond anticipation note is attached hereto) . Duly adopeed by the following vote : Ayes: Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt. Noes : None. Absent: None. Discussion held before vote : Mr. Olson asked if we had many more of these small anticipation noeed to be paid. Mr. Brandt indicated all in the Highway Dept. are retired and there is one more in the Water Dept. RESOLUTION AUTHORIZING PAYMENT OF PENALTY RESOLUTION N0,.j72 introduced by Mr. Eisenhart who moved its adoption seconded by Mr. Olson. WHEREAS, a controversy has existed for many months between the Town of Queensbury and the New York State Department of Environmental Conservation concerning the issuance of permits for the operation of the landfill 40 on Ridge Road in the Town of Queensbury, and WHEREAS, the Town of Queensbury was charged by the New York State Department of Environmental Conservation with violating Environmental Conservation Law Section 27-0707 (1) and 6 NYCRR 360.2 (a) and (b) , in a complaint dated February 9 , 1979 and WHEREAS, the Town Board has been informed by Joseph R. Brennan, Counsel to the Board that an answer was filed to the complaint denying the allegations thereof and setting forth several legal and constitutional defenses and 1 WHEREAS, the Town Board has been advised by Joseph R. Brennan, Counsel to the Board , that substantial sums of public monies would be required to defend this proceeding and WHEREAS, it appears that it would not be in the best interest of the Town of Queensbury to cause expenditures of substantial sums of public money to defend this proceeding and WHEREAS, a landfill construction permit has been issued to the Town of Queensbury by the New York State Department of Environmental Conservation and WHEREAS, it would appear to be in the best interest of the Town of Queensbury to terminate the vi(bAation proceeding in as inexpensive a manner as possible and WHEREAS, the New York State Department of Environmental Conservation has agreed to accept from the Town of Queensbury the payment of the sum of $1000.00 as a penalty for the alleged violation and WHEREAS, it is required to terminate the proceeding that the Supervisor of the Town of Queensbury be authorized to execute on behalf of the Town of Queensbury an appropriate legal document agreeing to the _! imposition of the said penalty. NOW THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and he hereby is authorized to execute on behalf of the Town of Queensbury an appropriate legal document , as approved by the Town Counsel, agreeing to the termination of the pending violation proceeding and further agreeing to the payment of a penalty in the amount of $1000.00 and be it further RESOLVED, that payment of said sum to the New York State Department of Environmental Conservation be and the same is hereby authorized. DulF ad6pted by the following vote : Ayes: Mr. Olson, Mr. Eisenhart, Mr. Robertson, Mr. Brandt. Noes: Mrs. Walter. Absent: None. Mr. Eisenhart stated that the Town Attorney did a goo d jo b in writing up the reasons. Mr. Brandt asked that it be on the record that the fine was insisted on by the Ad&rondack Park Agency and not ENCON. He stated that he thought it was a shame when the Park administration sees in its duties fining any town or municipality over a trivial matter such as this. It is way out of proportion, and I think some day that Town government and County government better look at taking on APA and checking its constitution. If we are going to spend citizens money through that agency we had batter spend it to challenge the existence of that agency. I think it is a violation of the fifth amendment of the constitution. 441 Mrs. Walter stated that she agreed and that in the best interest of cooperation of local governments and these kinds of bureaucratic agencies that the agency,-, would have been smart to waive the fines and I regret that they chose not to do so. At this point in the meeting Mr. Brandt turned the gavel over to Deputy Supervisor Hammond Robertson. The item before the Board at this time is the rezoning of properties on West Mountain of which a hearing was held on November 13th. The application of the West Mountain Corp. is to rezone certain parcels of land. Mr. Brandt removed himself from the diaz as a Town Board member. Mr. Brandt does wish t*ddress the Board on certain changes which came out of the input of the hearing. Mr. Brandt explained that he moved the commercial zone 188 feet more away from West Mountain Road. It will now be 300 feet away. Some of the clusters of houses were moved back more. One driveway was eliminated also. Mr. Brandt used new maps to show these changes. The commercial zone will now be 18.6 acres. The question was asked if these changes would create another public hearing. Mr. Brennan indicated that the changes meant increasing the size of the buffer. It is also proposed to reduce the size of the commercial area and add it to the R-5 area. These changes would be more compatable than what had been originally proposed and which was notice n the public hearing. This does not represent a substantial negative chan e. If the proposal� in my opinion was the other way, to change from R-5 to C-1, than I think a public hearing would be in order. Mr. Robertson: I believe these changesAMr. Brandt are the result of the input at the public hearing that you heard as an applicant. Mr. Brennan indicated also 'nd d h s i that you can not have a conditional amendment ent to the ordinance. It is either amended or it is not amended. There is no legal authority to amend an ordinance conditioned whether it would be an ordinance with respect to a No-Parking area, a zoning ordinance amendmentp any ordinance whatsoever. That is more properly a donditional. situation, as more properly in the area of a variance application. Mr. Eisenhart asked if Mr. Brandt should fail, is there anything preventing us from zoning it back the way it was before. Mr. Brennan: If someone gets into, again it is a very nebulous term, where there has been a rezoning or even a variance granted, a classic case is where a zoning ordinance is initially adopted, where someone for example has proposed a subdivision and there is no zoning ordinance in effect, then has made substantial expenditures toward proceeding the project to completion, substantial being a relative term is the question as to whether or not they are affected by the Onning ordinance. If thie property were to be reaonedjsubstantial expenditures were made, based on the rezoning, that would place a limitation on the authority of this board to rezone it because in effect after the rezoning that would constitute a virtual taking in violation of the constitution. If no action was taken.,or something less than substantial expenditures, whatever that would .amount tol and that i relative to the size of the project. , etc. , it could be rezoned but here are substantial expenditures toward completion of the project the answer would be NO. RESOLUTION TO AMEND ZONING ORDINANCE R ?Sn AJTTnN-NOS 373-, introduced by- Mr. Eisenhart , who moved its adoption seconded by Mr. Robertson. WHEREAS, certain premises to the west of West Mountain Road are presently 42 zoned in the classifications of R-2 and R-3 and WHEREAS, an application was received by the Town Board from WFst Mountain Corporation requesting the rezoning of premises of which it is the owner from a classification of R-2 and R-3 to R-5 and C-1 as more particularly described in Exhibit "A" annexed hereto and WHEREAS, said application was referred to the Queensbury Planning Board and the Warren County Planning Board for recommendation and consideration of said application and I WHEREAS, the Queensbury Planning Board and the Warren County Planning Board have recommended, respectively, that the premises sought to be rezoned be in fact rezoned in accordance with the proposal set forth in the application and WHEREAS, said application on the recommendation of the Queensbury Planning Board and the Warren County Planning Board were deemed worthy of consideration and WHEREAS, pursuant to a resolution of the Town Board and in accordance with law, a public hearing was held before the Town Board on November 13, 1979 to consider the aforesaid application and recommendations for rezoning and WHEREAS, at said public hearing all persons wishing to be heard concerning this issue were heard by the Town Board and WHEREAS, after due deliberation, it appears that the proposed rezoning, as recommended by the Queensbury Planning Board and the Warren County Planning Board, would be beneficial to the Town of Queensbury and in furtherance of its general planning and zoning scheme , NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury Zoning Ordinance be amended by rezoning the premises described in Exhibit "A", attached hereto as "Parcel No. 1" from the present zoning classifications of R-2 and R-3 to the new classification of R-5 and be it further RESOLVED, that the Town of Queensbury Zoning Ordinance be amended by rezoning the premises described in Exhibit "A" attached hereto as "Parcel No. 2" from the present zoning classifications of R-2 and R-3 to the new classification of C-1 and be it further RESOLVED, that the Town of Queensbury Zoning Ordinance be amended by rezoning the prem±see,described in Exhibit "A" attached hereto as "Parcel No. 3" from the present zoning classification of R-2 to the new classification of R-5 and be it further RESOLVED, that the Town Clerk be directed to cause notice of this amendment to be published as required by Town Law Section 264 and to take all other action required by law to cause said amendment to become effective in accordance with the p4ovisions of Town Law Section 264 and be it further of Town RESOLVED, that the Zoning Map of the T o Queensbury be amended to show the rezoning of the above described premises from the present Zoning classification of R-2 and R-3 to R-5 and C-1 and that the zoning map, as amended, be filed and maintained in the office of the Town Clerk as required by law. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson. Noes : None Absent : None. Copies of Schedule "A" will be filed in the Zoning Files in the 43 Town Clerk' s office Town Clerk Donald Chase presented the Board with CERTIFICATE OF AMENDMENT OF THE CERTIFICATE OF INCORPORATION OF WEST GLENS FALLS FIRE CO. NO. 1 papers under Section 803 of the NOT FOR PROFIT CORPORATION LAW. These papers needed Fire Co. approval as well as Town board, and also approval of the Justice of the Supreme Court. RESOLUTION TO APPROVE CERTIFICATE OF INCORPORATION AMENDMENT PAPERS FOR WEST GLENS FALLS FIRE CO. NO. 1. RESOLUTION N0. 374 introduced by Mr. Brandt who moved its adoption seconded by M Eisenhart. RESOLVED, THS Town Board of the Town of Queensbury does hereby consent to the formation of the West Glens Falls Fire Co. Certificate of amdodment of the Certificate of Incorporation and consent that the same be filed. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt. Noes : None. Absent : None. (Copies of the changes in the incorporation papers will be founq attached to this reellution. ) Town Counsel, Joseph Bftennan explained to the Board why this has to be done. Mr. Brandt stated to the Board that the Town He4ALth Officer, Dr. Reid was present and that the Board would go into Executive Session to discuss some health problems in the Town. The Police report for October was presented to the Board and will be on file in the Town Clerk' s office. Mrs. Walter informed the Board that it should be announced, that if anyone is intereeted in serving on the Beautification committee that they should contact the Supervisor' s Office. Mr. Olson also informed the Board of some vacancies on the Recreation committee. Open Forum: Mr. Harris asked if the Health Officer would be present at the Executive session. R89OLTITI'ON CALLING FOR EXECUTIVE SESSION RESOLUTION NO 375 introduced by Mr. Robertson, who moved its adoption, seconded by Mr. 0 s-on. RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive session to discuss Health related matters in the Town of Queensbury. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson and Mr. Brandt. Noes : None. Absent: None. RESOLUTION TO RETURN TO OPEN MEETING RESOTITTTDN N0�3Zb introduced by Mr. Brandt who moved its adoption, 44 seconded by Mr. Robertson RESOLVED, that the Town Board of the Town of Queensbury hereby moves back into open session. Duly adopted by the following vote : Ayes: Mr. Olson, Mr. Eisenhart , Mrs. Walter, Mr. Robertson, Mr. Brandt. Noes : None Absent: None RESOLUTION SETTING PUBLIC HEARING REGARDING HEALTH PROBLEMS ON TWO PARCELS OF PROPERTY IN THE TOWN OF QUEENSBURY AESOLUTION NO. 377 , introduced by Mr. Brandt who moved its adoption secnnded by Mr. hisennart. (This resolution is not available at this time but will be forthcoming from the Town Counsel at a later date and will be found on page 5 3 On motion the meeting was adjourned. Respectfully, Donald A. Chase, Town Clerk