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2004-08-09 SP MTG38 Special Town Board Meeting, 08-09-2004, Mtg #38 153 SPECIAL TOWN BOARD MEETING Mtg #38 TH AUGUST 9, 2004 RES. 406-408 7:05 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS Ralph VanDusen, Water/Wastewater Superintendent Mike Shaw, Deputy Wastewater Superintendent Bruce Ostrander, Deputy Water Superintendent Jennifer Switzer, Budget Officer Marilyn Ryba, Senior Planner Supervisor called meeting to order…. TOWN BOARD WORKSHOP 1.0 Bay Road Study – CT Male, Jim Edwards Mr. Jim Edwards reviewed with the Town Board the sewer study report for the possible extension of sewer on Bay Road from Walker Lane north to Cedar Court and Surrey Fields entrance road…. (report on file in Town Clerk’s Office) 2.0 Route 9 Outlets Pedestrian Lighting Update – CT Male, Jim Edwards Mr. Jim Edwards reviewed with the Town Board the proposed lighting for Route 9, the drawing showing the conduit layout, the light base layout and detail pertaining to hand holes .… We’re th, looking for authorization to bid this project with the sewer job on the 17 the project consisting of placement of conduit, pole bases and preparing it for next Spring…. Town Board held discussion, agreed to the proposed light fixture, the twelve foot light pole rather then the fourteen foot pole, the running of the conduit this Fall with the installation of fixtures next Spring and agreed to move forward with the project… 3.0 Sear Brown 9/254 Intersection – Don Adams Mr. Don Adams, Engineer from Stantec Consulting, formerly known as Sear Brown gave project update… The first phase, that’s what we’ve done up to date, I’ll cover quickly what we did and the alternatives that were considered. The second phase, that’s essentially why I’m here is to come in for a modification to get the project constructed and then I’ll go over the schedule, when construction will occur. In our first phase, we didn’t have any mapping at that time so we used the GIS mapping available through the town. The State had done some projects out at the 9 and 254 Intersection so we used that, supplement it, took a lot of pictures, made some field visits to get a good base map so that we could do the alternatives on. We laid out a conceptual plan, the alternatives, we looked at four alternatives. We looked at just improvements at the 9 and 254 Intersection. We looked at a Greenway Connector, we looked at a round-about there, right at the Special Town Board Meeting, 08-09-2004, Mtg #38 154 Intersection of 9 and 254 and then we looked at some technology improvements, what could we do with the signal timings out there, the adjacent signals to get more traffic through the intersection. The next step was to do an environmental evaluation of that, the natural environment out there is rather minimal but we did have to look at the stormwater runoff, the impacts to the built environment, the neighborhood, the businesses, the public, what were the impacts to that. We carried through that evaluation, we collected some more traffic data with the Home Depot going in and some other development in the area. We wanted to make sure we had the most current data that we could project to the future. Then we evaluated the alternatives and we looked at costs, we looked at business impacts, public impacts, the environmental impacts and then we came to the th public on September 15, 2003. We presented to the public what we had found to date and the public had an opinion, I think we had about fifty people and I think fifty people were all against the Greenway Connector but pretty much in favor for the 9/254 Intersection improvements as the alternative to that. At that point, the round-about, the State decided they wouldn’t allow a round- about of that size which would actually be a three lane round-about. I support their recommendation on that. Out of that meeting and out of that process, we really came forward with a feasible alternative and that would be the improvements to the 9 and 254 Intersection. Adding left-turn lanes, some minor widening in there, and some other improvements and I have a figure that will show that. The last step of that first phase was to do an expanded project proposal and this was really DOT’s process that usually happens behind the scenes. Because the Town was anxious to take care of this, they said, let’s grab onto this, let’s get it moving and the Town sponsored this part of the project. That was a good call, I think by Chris to get the project moving. That was the last part of this project, to do that report and it’s essentially the findings at which it came up with through this first phase. So we got to that point in the project, we had a draft done, we still had some money in the budget and Chris said, you know, I’ve seen your draft, I think that’s a pretty good report, I don’t think we need to do any more on that, instead of finalizing it, let’s use the money in that budget to move forward with obtaining the base mapping for the next phase. So, part of our team was MJ Surveying and Engineering, they came up here and they’ve already acquired the field data, they’re just in the process now of waiting for the go ahead for the next phase to get the mapping, get the computer mapping ready to roll. (referred to map of Alternative 1, showing the improvements to Intersection 9 and 254) … One of the goals of this whole process is to come up with a way to get pedestrians through here and it’s going to take some further analysis and it’s going to take buy-in from DOT but how are you going to get pedestrians through this area right now, you have pedestrian crossings I think at the development to the south and to the development to the north. We had talked about one option of looping the pedestrians all the way, they would have to loop around at those adjacent intersections. You have desire paths, if somebody wants to go from here to here, they’re probably going to try to avoid doing that loop. I mean, you can guide them with signs. One of the challenges you have is that you have a lot of traffic going through there and to maintain the traffic capacity, you have to keep it moving. What one option is that you put in the pedestrian signs, you put them in so you can cross here and here and maybe you don’t cross them in some of the directions… Timeline, considering the other construction going on in the area and the Great Escape traffic, the summer traffic in the area, we were pushing to do it after Labor Day. I think we all agreed that it’s pretty reasonable to get that constructed in the Fall. We’ll have another public meeting with this project and that’s the kind of things we like to identify, you know, what things do we need to consider when we bid out the project so we’re not affecting the public, or reducing the impacts… Phase 2, which we came in and we submitted a proposal and it’s about a hundred and twenty-one thousand dollars to do the last phase of the project. We’re going to finish up with the survey mapping. First thing, out of that hundred and twenty-one thousand, there’s twenty-six thousand for doing the mapping work, some of which we were able to accommodate in that last contract, fifteen thousand that was for historical cultural review, we did not have to do that, if it stays within the roadway which right now that’s how it appears… So, that would bring the hundred and twenty-one thousand down to a hundred and six thousand, about half of that survey work already being done, about twelve thousand of that. So, that’s another twelve thousand we can take it down to about ninety-four thousand of budget that we’re really going to need out of that hundred and twenty-one. So, we finish up the mapping, then we do preliminary design with the mapping essentially go back to the public and say, this is where we at, come back to the town, go to the state, make sure the concept is solid and that’s where we’ll be hashing through the pedestrian accommodations and other issues. So have that public meeting, then we get the design approval once we address people’s comments on that preliminary set, prepare the construction drawings, then we advertise for construction, assist during construction, that’s all included in that contract… The schedule that we talked about, for construction, we’re at the Fall, Winter 2005… The construction costs which would be the big costs, I’m not sure about, that’s about four hundred thousand dollars on the construction. Typically, the State works on a eighty, twenty. Eighty, Federal, twenty, local Special Town Board Meeting, 08-09-2004, Mtg #38 155 match. Because this is all State intersection, really a State improvement, they’re going to actually let it and construct it. At the design point, I think we ought to push to try to end your responsibility there and let them do the construction. I know that they want to let it, they want to manage it through the construction… The design phase total is about a hundred and seventy-four thousand… An issue came up about the left turns, from I87 on 254 turning left into the Silo or Carleton Drive. It’s a narrow median, maybe six feet wide, cars are using that to make those left turns and it’s really causing the traffic in that inside through lane to stop to let them go because there’s not enough room and they’re going to stop in the direction they’re going in and not merge all into the other side. So, what we did is we had the GIS mapping, we went back and looked at what improvements needed to be done up there and unfortunately, you do have to widen the road. We were hoping you could do it with just a stripping change. Whether that project can be funded within this project, it’s kind of going to be a game I think with the State and that’s why I sent Dan some information on it, it’s about a two hundred thousand dollar improvement, ballpark because you get into the drainage, you get into moving the curbs, the driveways and it adds up pretty quick. This project was originally identified as the 9 and 254 area congestion and improvement project and what I hope we can push with the State is that, that’s part of the area, the area expands out from that intersection to improve flow…. The best step is to get together with Ozzy ??? again and try to push that issue… We have concepts laid out, I think we can pull it together pretty quick, I would like to and I think it’s pretty feasible to have this thing ready to advertise in the Spring, grab a contractor early in the year, have them on board on the Summer and ready for Fall… 4.0 Airpacks – North Queensbury Fire Department Dan Davies spoke to the Town Board regarding purchasing nineteen airpacks to replace their existing packs. Noted, our packs are coming to the end of their life, they’re on a fifteen year replacement, at the end of the fifteen years the bottles are actually no good, by law, they’re unusable.…. Have done some research, basically stay with the same style pack, newer and a little bit smaller, the same thing that the other town departments have… It’s a Scott 4.5 pack, total cost for the nineteen packs and equipment is a hundred and thirteen thousand. Did get some preliminary numbers as far as financing, what it would cost, a four year lease or four year purchase, issues with the lease that unsure the Town Board would agree to… Did do a preliminary budget with these, the debt service in here and it shows that we’re not going to increase our budget in any way. In 2007, if we do a four year finance on these, technically our fire department will be debt free… If the Town co-signs the loan, we will be eligible for tax exemption and it will save us about four thousand dollars, otherwise, we will not be eligible for tax exemption… The way it will work out, in December of this year, we have allocated thirty thousand, we’ll kick in another two grand of our money so that will be the first payment and then there will be three concurrent payments in December of each year… Town Board held discussion and agreed to move forward with the purchase and agreed to have a resolution prepared for next Regular Town Board Meeting… Town Board held brief discussion regarding fire departments, fire spending and their budgets… 5.0 Town Budget – Preliminary Discussion – Jennifer Switzer, Budget Officer Jennifer Switzer, Budget Officer spoke to the Town Board regarding the proposed schedule and process for this year’s budget, noting that she has distributed timelines for budget preparations with schedules to the Town Board and all Department Heads… 6.0 Professional Office (PO) Zone Discussion Marilyn Ryba, Senior Planner reviewed with the Town Board the proposed changes to the Professional Office Zone noting items to be considered by the Town Board is setback from frontage on the arterial roads…. and an allowable use of personal service businesses as accessory and subordinate to a professional office…noted this change would be for all PO zones…noted that there Special Town Board Meeting, 08-09-2004, Mtg #38 156 was some discussion about adding Professional Office Zones such as on Main Street…Supervisor Stec-Questioned how much of the light industry do you think is undeveloped and conducive for Professional Office Rezoning? Ms. Ryba Sr. Planner- I have not look at the acreage but that is something can be put together…Councilman Brewer-Spoke on the Main Street issue noting that many lots would not meet the set backs…Councilman Strough-Noted that area is already a mixed use, may want to build on that on the connector roads…Councilman Boor-On the Bay Road Corridor I do not want anything less that five hundred. I would like to see the street scape an the street lights and trees and sidewalks and complete that vision. We need to keep sales tax generating businesses viable, I do not think we can afford to give those properties up for residential. Councilman Strough-Reviewed the history of the Planning Board actions in regard to Schermerhorn and Valente Bay Road Projects…Supervisor Stec-When we create a PO the expectation of everyone of us would be offices other uses were allowed…noted concern we want to be fair to current property owners, we need to press forward and be sensitive to that. Councilman Boor-An extremely important point is property rights…I believe five hundred is appropriate…Ms. Ryba Sr. Planner-All the streets that are mentioned and then Bay Road within five hundred feet of all the streets are two hundred and one properties and three hundred and twenty acres zoned PO within a thousand feet of all streets mentioned there are two hundred and two properties and five hundred and thirty two and a half acres of properties zoned PO, along Bay Road within five hundred feet there are sixty seven properties and a hundred and fifty three acres zoned PO and within a thousand feet of Bay Road there are a hundred and two properties and three hundred and seven acres properties zoned PO. Councilman Turner-After reviewing the Bay Road Corridor noted it is open for development not only Professional Offices but for Multi use. Noted you cannot change when an application is already in…Councilman Boor-You can according to our Lawyer, he is not vested until he puts a shovel in the ground. Councilman Brewer-Let the applications be heard and see what the Planning Board says, and we set our hearing. Councilman Strough-The Planning Board would like to get more direction. Councilman Boor-I have concerns about Professional Offices if we do not have to put any Professional Office in them that is the concern. Supervisor Stec-Spoke to the Board about grand fathering parcels that have applications in front of the Planning Board and let them go through and we catch it from here. Put the faith in the Planning Board…Councilman Boor- This is clearly something the Town Board needs to address I do not want to push it off onto the Planning Board. Supervisor Stec-Noted there was some agreement for five hundred feet set back, the only question left is do we grandfather the one existing application? Historically when we have an application in we have the option to allow it to go forward to the Planning Board. Councilman th Strough-Noted at a Special Town Board Meeting on July 19 2004, it was agreed that Mr. Round would provide the Town Board with a proposed change to the regulations that would establish a thousand foot setback and a map showing a thousand foot setback applied to Bay Road and arterial roads giving options to the Town Board as to what direction to proceed. I think the thousand foot stays in line in context with the original concept of the Bay Road Corridor was and I would also agree to eliminate residential from Professional Office unless you could get a ..use language. Noted he liked the look of a village appearance, getting thre would be complicated. Ms. Ryba Sr. Planner-In order for this to go forward we will need firm language. Supervisor Stec-We agree with the vision, we agree loosely with the five hundred, we agree with the idea of an overlay, we can move forward with that the only question remaining is how do we treat an existing application. Councilman Strough-We have to treat everyone fairly if that is the concept for the corridor then that is the concept for the corridor, that is the bottom line. Lets set it for five hundred feet and have a hearing on it and lets go from there. Councilman Turner-You have to look at what you have there for starters… Mr. Mike O’Connor-I have a financial interest in the corner property (corner of Bay and Haviland) it is owned under a partnership called BRB Partnership…spoke on the pending application before the Planning Board, filed through another entity called Albany Partners of which I have no ownership…The file would go before the County Planning Board this week…it will be heard on the September Agenda of the Planning Board…project for apartments 174 units only…this project would bring sewer from Walker Lane to Blind Rock Road at their expense….Supervisor Stec-What is on the table, we will have a public hearing to propose five hundred foot overlay for this PO and future PO…let one application on thirty acres go forward on its merits and it either flies or it dies. Councilman Boor-I do not think you should make an exception in this case. Supervisor Stec-We have grand fathered other applicants. Board agreed to a public hearing with the five hundred foot. Ms. Ryba Sr. Planner-Reviewed Chris’s memo on floor area ratio for commercial it would be 0.3 for office, institutional uses…this would be similar to what is allowed in other zones. Supervisor Stec-We will move forward on setting the public hearing we will go to five hundred feet…Marilyn is it possible if there is an incentive change that can be made and floated to the Board for consideration and included for the Monday’s resolution and give incentives for PO, that would be nice to put in as well…I would like the public hearing to grand father any existing applications or Special Town Board Meeting, 08-09-2004, Mtg #38 157 a second one that doesn’t include that or vote on one and make a modification to it by lining out one whereas and one resolved or whatever and vote on it again. I do not care whatever the Board would prefer to do. I am not opposed to any of the three options. I do not think any of us are in dispute over the vision. The question is how to implement to vision or what is the fairest or most prudent or most convenient or whatever. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTUION NO. 406.2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss personnel matters, potential hire of an employee. th Duly adopted this 9 day of August, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 407.2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. th Duly adopted this 9 day of August, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 408.2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 9 day of August, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None Special Town Board Meeting, 08-09-2004, Mtg #38 158 ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury