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1997-05-12 SPECIAL TOWN BOARD MEETING MAY 12,1997 4:30 p.m. MTG.#22 RES. 202-205 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Theodore Turner Councilman Connie Goedert Councilman Carol Pulver TOWN BOARD MEMBERS ABSENT Councilman Betty Monahan 1.0 RESOLUTIONS NONE 2.0 ATTORNEY MATTERS NONE 3.0 COMMITTEE REPORTS Councilman Goedert-Highway Committee Meeting Friday at 10:00 AM. Councilman Pulver- Water Committee Meeting May 22nd. at 2:00 P.M. 4.0 PLANNED DISCUSSION ITEMS 4.1 TOP OF THE WORLD PUD MODIFICATIONS - LED BY James Martin PUD Development-APA approved in 1987 for 170 Townhouses, 66 have been built to date. Proposal-Mr. Jim and Bob Feeney, subdivide out a parcel of land out of the PUD for their ownership, nine hole golf course with some associated buildings, restaurant, several out buildings, a home. Noted there is a motel unit on site that was to be torn down in 1989 as per the APA permit...the building is still there...the Feeney's are proposing that this not be torn down but remain on the site and renovated into 8 motel units, that would require a change to the PUD and as the legislative body that authorized the PUD that would require your approval as well. Mr. Feeney-At the Town Board level it is our feeling that the only change would be either confirmation or re-affirmation of the original resolution permitting the motel, the Park Agency Permit did have the condition that it come down, noted that the agency has been on site and found that the project is in substantial conformance they have never violated the current owners because the motel it still there. We submitted an application on behalf of Feeney's to purchase this and we did not get a violation from the Park Agency. The only issue at the Town level is to confirm yes, we can have a motel in there. Councilman Pulver-You are not going to increase the density. Mr. Feeney-No. Councilman Goedert-Questioned why it was to be removed in the first place? Unknown-No one felt that there was a particular need for the structure at the time. Discussion was held regarding if a public hearing would have to be held if a boundary line change was made to a PUD...question to be submitted to the Town Counsel. The Board suggested that Mr. Feeney meet with the Town Counsel. 4.2 ANN CLARK- RE: ADDRESS CHANGE Ms. Ann Clark-Resident of Glen Lake-present address 71 Birch Road-for over 20 years the address was 1812 Ash Road...a year ago 911 address changed to 71 Birch Road...noted neighbors have a lot of trash in the area which is the entrance to her lot, requested that her official address be off from Ash Drive so that people coming to her lot will be coming in from Ash Drive not Birch Road. Councilman Goedert-Birch Road is in Bay Ridge District and Ash Drive is in Queensbury Central District. .. Director Hatin- When the fire companies defined the districts the Clark property was the dividing line between the two districts...when 911 was done they extended the Birch Road addressing all the way to the Clark's property, their property is the dead end of the Birch Road addressing system. If you give them the address as Benmost the 911 screen will say West Glens Falls EMS and Qsby. Central Fire which is not the proper districts...ifthey stay with the Birch Road address it will come up the correct way...my concern is if you assign them an address that is improper and delay response for emergency services including the Sheriffs Dept. Councilman Goedert-Requested that Mr. Clark contact the Sheriffs Dept. and tell them you want to do a 911 test and have them print off what comes up on the screen and pick up a copy of it. Mrs. Clark-concerned that a fire truck could not get through to her property from Birch Road due to the number of vehicles in his yard... Board requested time to visit the site...will discuss this again at the next workshop 4.3 HIGHWAY ROAD TOUR Discussion held-Councilman Goedert-requested a list of the roads that are scheduled to be done...will discuss the road list on Friday...schedule road tour at later date. MOTORCYCLE ISSUE Executive Director James Martin-We are at impasse in terms ofmediation...met twice with the motorcycle committee and once with the citizens group...Motorcycle group offered three days a week, tuesday, thursday, and Saturday 11 to dusk for riding hours, watering and mulch the track...citizens group, did not want to see any motorcycle riding at all...went back to motorcycle group, they do want a built track and only offer those days if they can have a built track...if a track is built you would have a zoning issue there, need a use variance...noted the shoveled built jumps will have to be removed the motorcycle committee understood that and will remove them... Discussion held regarding the issue, board noted that the residents can take this issue to the Zoning Board ... Councilman Turner-They have changed the use of the property and they are in violation...Director Martin-the first item will be to have the jumps removed...then dedicate to writing what I have said about the track...then the citizens group has 60 days to appeal it to the Zoning Board of Appeals. 5.0 TOWN BOARD MEMBER MATTERS NONE 4.04 QUEENSBURY/MOREAU WATER ISSUES Attorney Mark Haffner-What I have suggested was that we have the portion of the Town Board Meeting that relates to the General Town Board discussion of the Town of Moreau agreement and then after that we just have just the Town Board and Counsel and not have continued the meeting but have advice of counsel and we talk about the legal issues. Mr. Tucker-After the meeting when you all went up stairs what took place? Supervisor Champagne-It was to ask the board when they wanted to meet again. Mr. Tucker-Questioned if that was considered a Town Board Meeting? Attorney Haffner-It was a meeting with Counsel. Reviewed the questions asked by Attorney Oliver (Town of Moreau) and the answers by O'Brien and Gere... Questions 1. Waive the buy in.. Water Supt. Flaherty-noted we are under negotiations for contracts with Hudson Falls with buy in if they do not want to buy a piece of the plant then they are going to have to be contract customers like Kingsbury... Supervisor Champagne-They did not want to take on any indebtness... Deputy Water Supt. VanDusen-Two choices: 1. you must do the buy in 2. Do it like Kingsbury, pay more per gallon with no buy in fee Board agreed to give Moreau the two options... 2. Pipe issue Question raised if we could put in the pipe to Moreau and charge them back...Attorney Haffner- through an inter-municipal agreement to do that, it must be paid by the Town of Moreau up front or through a period of years with interest... 3. Guarantee a flow of 1.5 through our system on our side of the river... Agreed.. . 4. Price...Cost to produce water Cost of producing water vs. method of revenue The method of calculating the cost whether a gallon goes to Queensbury or a gallon goes to Moreau that, that is the same and in reality that is true...production cost the same for everybody... 5. View Budget yes. 6. (Taken Care of) 7. Not part of plant increase cost unless they require it. 8. Water Authority There will be an advisory committee we are not looking at a Water Authority at this stage. No decision making... 9. G.E. Litigation Meeting closed at 6:55 P.M. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 202.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED that the Town Board of the Town of Queensbury hereby moves into Executive Session for Attorney/Client Privilege. Duly adopted this 12th day of May, 1997 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 203.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Executive Session was closed and the Board moved back into Regular Session. Duly adopted this 12th day of May, 1997 by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Monahan Opened 7:28 P.M. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 204.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss a personnel matter. Duly adopted this 12th day of May, 1997 by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR SESSION RESOLUTION NO. 205.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its executive session and regular session. Duly adopted this 12th day of May, 1997 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Monahan Closed 7:48 P.M. Respectfully submitted, Miss Darleen M. Dougher Town Clerk Queensbury