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1999-08-30 REGULAR TOWN BOARD MEETING AUGUST 30, 1999 7:00 p.m. MTG. #28 RES. 281-297 B.O.H. 42-46 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER SUPERVISOR CHAMPAGNE-Opened the meeting. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN PLINEY TUCKER ACCEPTANCE OF RECREATION TOWN WIDE SURVEY SUPERVISOR FRED CHAMP AGNE- The first order of business is the acceptance of the Recreation Town wide survey that these folks have had underway, with that Sharron Summons if you will please. SHARRON SIMMONDS-Chairman of the Recreation Commission It is very exciting to be here and presenting to you, as Harry is passing out to you, our finalized document of our survey study. What I would like to have you do if you would not mind is to take this home and read it over and want to meet with us again. On Chapter Three, I would like to highlight that we have developed a mission statement for the Commission and under that, short term projects. Realizing that the priorities of recreation do change, based on input and we study that input and we make recommendations back to you. I would like to commend the department. The Commission had great ideas and we said we want it to look like this and they did better than just this. Before you, you have many different interpretations on Chapter 5, there is all kinds of bar graphs and circles and all different ways that you can digest the data that we have accumulated. Does anyone have any questions from just receiving this. Doesn't it look terrific? SUPERVISOR CHAMPAGNE-It looks great. What, if you were to be asked what was the most significant outcome of the survey, what would you identify, it is beautiful it is nice it is all those things but, give us what was the most outstanding if you will or the most prioritized item that you found from the survey. SHARRON SIMMONDS-The number one item that came up over and over again was the fact that we were not doing a good job on publicity. People getting the survey and completing the survey remarked time and again that they were not aware of all the facilities and the programs that the town offers. So, as a result of that we have been mailing our information to the homes and we have had terrific response to that. We also have definitely some great ideas and input from the community regarding things that they would like to see us do., and those ideas are being looked at and prioritized. SUPERVISOR CHAMPAGNE-That is still being processed. SHARON SIMMONDS-Yes. SUPERVISOR CHAMPAGNE-We have a goodly number of comments here, I see, is there a spare copy of this that we can give to the paper? RECREATION DIRECTOR HARRY HANSEN-Copes are being put together, noted they will be ready tomorrow. COUNCILMAN IRISH-This has not changed since the draft copy that we got, has it? DIRECTOR HANSEN-Some more figures, and the recommendations. SUPERVISOR CHAMPAGNE-Ok, anything from the Board? Thank you very much... well done. Before we go into the Board of Health I would just like to make an announcement, as you know tonight was going to be the D day for the Cracker Barrel we went on record as saying that it would happen and it would happen tonight. Mr. Irish unfortunately was told by his company that he could very well be assigned out of town whether it be Long Island or Texas I guess, were the two areas that you thought possibly, so with that information at hand we felt that it was critical, not just important that all five Board Members take a position on the Cracker Barrel vote. So, therefore we are canceling tonight's vote and you probably saw that in the paper and we are going to discuss a future date. Discussion held on Cracker Barrel vote: Councilman Tucker-Questioned if the Board was meeting with the attorneys? Supervisor Champagne-That will be prior to the date of the vote. Dates suggested this Wednesday, or next Tuesday or Wednesday. Board agreed to Tuesday September 7th at 7:00 P.M. 1.0 QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 281.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 30th day of August, 1999 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MARI ANN GRANGER RESOLUTION NO.: 42.99 B.O.H.. INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the On-Site Sewage Disposal Ordinance, and WHEREAS, Mari Ann Granger has applied to the Local Board of Health for two (2) variances from Chapter 136 to allow: 1. a holding tank; and 1. the proposed holding tank to be located twenty-five feet (25') from the Feeder Canal rather than fifty feet (50') as required; NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, September 20th, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested persons concerning Mari Ann Granger's application for two (2) sewage disposal variances on property located on the south side of the Boulevard, Queensbury, Tax Map No.: 112- 1-16,17.1, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the attached Notice of Public Hearing and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 30th day of August, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DONNA HURLEY AND CHARLES WILKISON RESOLUTION NO.: 43.99 B.O.H. INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the On-Site Sewage Disposal Ordinance, and WHEREAS, Donna Hurley and Charles Wilkison have applied to the Local Board of Health for five (5) variances from Chapter 136 to allow a seepage pit to be located 85', 140',66', 114' and 97' from five (5) neighboring wells instead of the required 150' setback on property located at 54 Reardon Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on September 20th, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Donna Hurley and Charles Wilkison's sewage disposal variance application concerning property located at 54 Reardon Road, Queensbury and bearing Tax Map No.: Section 45, Block 3, Lot 10 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 of the property as required by law. Duly adopted this 30th day of August, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROYAL CLASSIC HOMES RESOLUTION NO: 44.99 B.O.H. INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the On-Site Sewage Disposal Ordinance, and WHEREAS, Royal Classic Homes has applied to the Local Board of Health for two (2) variances from Chapter 136 to allow a well to be located 65' and 75' from two (2) neighboring absorption fields instead of the required 100' setbacks on property owned by Carol Cleveland and located on Sunnyside Road North, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on September 20th, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Royal Classic Home's sewage disposal variance application concerning property located on Sunnyside Road North, Queensbury and bearing Tax Map No.: Section 50, Block 1, Lot 20 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 of the property as required by law. Duly adopted this 30th day of August, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 45.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Queensbury Town Board hereby adjourns as the Queensbury Board of Health and moves back into regular session, Duly adopted this 30th day of August, 1999 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None 2.0 CORRESPONDENCE Ltr. August 30, 1999 To: Queensbury Town Board Bay Road Queensbury, N.Y. 12804 From: John Strough 7 W oodcrest Drive Queensbury, N.Y. 12804 798-9696 Dear Members of the Queensbury Town Board, Re: Cracker Barrel rezoning issue. None of you (members of the Queensbury Town Board) has to my knowledge stated, either privately or publicly, how you will vote on this issue. In the past some of you have articulated sincere concerns about environmental issues facing this community. In the past some of you have demonstrated understandings of good planning practices. This September 14th is our town's primary. After three years of dealing with this issue, I think the voters of this town have earned the right to know how you stand on this issue; one of the most significant issues this town has faced in the past decade. Queensbury will continue to experience development and growth. The voters need to know how you stand on this rezoning issue so they can make the best decision about who will do a first -class job at providing the kind of leadership this town needs. Therefore it is imperative that you vote on this issue before the pnmary. Sincerely, /s/ John Strough 3.0 TOWN COUNCILMEN'S COMMITTEE REPORTS COUNCILMAN TURNER-Re: Highway Committee Sidewalks regarding snow removal no concrete plan yet to deal with this.. . have looked at equipment for this project... Re: Planning Meeting August 19th interviewed Alan Abbott for the Planning Board.. .also recommended appointment of George Stec, Robert Huntz and Marion Cole to the Citizens Advisory Committee on Environmental Issues. . . also reviewed the budget and land trusts and other projects being carried on by the Planning Dept. SUPERVISOR FRED CHAMPAGNE-Spoke to Canary Equipment regarding our Bobcats, we own three, there are towns that use them to clear sidewalks.. Colonie clears 14 miles of sidewalks. . . Canary noted that town are using plows instead ofblowers..cost approximately $1,000 .. COUNCILMAN TUCKER-Re: Soil removal on Newcomb Street... Councilman Merrill suggested that we talk to DEC to get the information... they have no information, the gentleman that we talked to said he would like to know where the fill went and have it tested because of the area that this was taken out of, a lot of PCB' s have been used there. COUNCILMAN MERRILL-Does he have records of what was tested there in the Newcomb Street area? COUNCILMAN TUCKER-There are no records what so ever. He wanted to know when the road was paved, originally paved, and he wanted to know where the fill had been taken. COUNCILMAN MERRILL-This is a highway issue, all we can do is relay it to the Highway Department. No other comments. 4.0 OPEN FORUM RESOLUTIONS CRAIG MACEWAN-Chairman of the Planning Board Re: Resolution 3.15 Thank you. We have been waiting to fill that position. 5.0 RESOLUTIONS RESOLUTION AUTHORIZING PURCHASE OF PHONE UPGRADE SYSTEM FROM LUCENT TECHNOLOGIES RESOLUTION NO.: 282.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury previously adopted purchasing procedures which require that any purchase in an amount of $5,000 or greater up to New York State bidding limits must be approved by the Town Board, and WHEREAS, the Computer Technology Coordinator has advised the Town Board that the current phone system is not Y2K compliant and therefore has requested Town Board authorization to purchase a phone upgrade system to a Y2K compliant system from Lucent Technologies for the approximate amount of$19,232, and WHEREAS, the Purchasing Manager has reviewed the information received by the Computer Technology Coordinator and concurs with the Computer Technology Coordinator's recommendation to purchase the phone upgrade system from Lucent Technologies, and WHEREAS, New York State bidding laws do not apply to this purchase as Lucent Technologies is a sole source for this phone upgrade system, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of a phone upgrade system to a Y2K compliant system from Lucent Technologies for the approximate amount of $19,232 to be paid for from Account No.: 01-1650-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller's Office and/or Purchasing Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 30th day of August, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF BAUER APPRAISAL GROUP, INC. TO PROVIDE APPRAISAL IN CONNECTION WITH ARTICLE 7 ASSESSMENT PROCEEDING RESOLUTION NO.: 283.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Charles Wood has commenced Article 7 Real Property Tax Assessment Proceedings against the Town of Queensbury concerning property located at North and Garrison Roads (Tax Map No.: 106-3-23) for the 1998 and 1999 tax years, and WHEREAS, the Town is required to file an appraisal with the Warren County Supreme Court, and WHEREAS, the Town Assessor has recommended that the Town Board engage the services of Bauer Appraisal Group, Inc. to provide the appraisal for the approximate amount of $2,500, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of Bauer Appraisal Group, Inc. to furnish a Court -ready appraisal in connection with Article 7 Real Property Tax Assessment Proceedings commenced by Charles Wood concerning property located at North and Garrison Roads (Tax Map No.: 106-3-23) for the 1998 and 1999 tax years for an approximate cost of $2,500 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Assessor 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 30th day of August, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO. 284.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to adopt the proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2000, a copy of which has been presented at this meeting, and WHEREAS, the Town Board must conduct a public hearing prior to adoption of the proposed 2000 Benefit Tax Roll, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on September 20th, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2000 Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town not less than ten (10) days prior to the hearing date. Duly adopted this 20th day of September, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY SANDRA COMBS FROM LI-1A (LIGHT INDUSTRIAL - ONE ACRE) TO SFR-20 (SINGLE F AMIL Y RESIDENTIAL - 20,000 SQUARE FEET) RESOLUTION NO.: 285.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY : Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury is considering a request by Sandra Combs to amend its Zoning Ordinance and Map to rezone property bearing Tax Map No.: 93-2-20 and located on Upper Sherman Avenue, Queensbury from LI-1A (Light Industrial- One Acre) to SFR-20 (Single Family Residential- 20,000 Square Feet), and WHEREAS, on or about July 19th, 1999, the Town Board of the Town of Queensbury adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about August 17th, 1999, the Queensbury Planning Board adopted a Resolution recommending approval of the Petition for Change of Zone, and WHEREAS, on or about June 23rd, 1999, the Warren County Planning Board recommended denial of the Petition for Change of Zone, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on Monday, September 20th, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property bearing Tax Map No.: 93-2-1 and located on Upper Sherman Avenue, Queensbury would be rezoned from LI-1A (Light Industrial- One Acre) to SFR-20 (Single Family Residential- 20,000 Square Feet), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send a copy of the Notice of Public Hearing to all property owners located within 500' of the area to be rezoned, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that this proposed action is subject to SEQRA review and the Board desires to be lead agency for SEQRA review purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Community Development Department to forward copies of the Rezoning Application, Environmental Assessment Form, Notice of Public Hearing and intent to serve as SEQRA Lead Agency to any agencies that may be involved for SEQRA purposes. Duly adopted this 30th day of August, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY TOWN OF QUEENSBURY FROM SFR-1A (SINGLE F AMIL Y RESIDENTIAL ONE ACRE) TO PC-1A (PLAZA COMMERCIAL - ONE ACRE) RESOLUTION NO.: 286.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury is considering a request to amend its Zoning Ordinance and Map by the Town of Queensbury to rezone property bearing Tax Map No.: 63-1-1.1 and located in the vicinity of Northway Plaza, Queensbury from SFR-1A (Single Family Residential- One Acre) to PC-1A (Plaza Commercial- One Acre), and WHEREAS, on or about August 2nd, 1999, the Town Board of the Town of Queensbury adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about August 17th, 1999, the Queensbury Planning Board adopted a Resolution recommending approval of the Petition for Change of Zone, and WHEREAS, on or about August 22nd, 1999, the Warren County Planning Board also recommended approval of the Petition for Change of Zone, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on Monday, September 20th, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property bearing Tax Map No.: 63-1-1.1 and located in the vicinity of Northway Plaza, Queensbury would be rezoned from SFR-1A (Single Family Residential- One Acre) to PC-1A (Plaza Commercial - One Acre), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send a copy of the Notice of Public Hearing to all property owners located within 500' of the area to be rezoned, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that this proposed action is subject to SEQRA review and the Board desires to be lead agency for SEQRA review purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Community Development Department to forward copies of the Rezoning Application, Environmental Assessment Form, Notice of Public Hearing and intent to serve as SEQRA Lead Agency to any agencies that may be involved for SEQRA purposes. Duly adopted this 30th day of August, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING MEMBERS TO CITIZENS ADVISORY COMMITTEE ON ENVIRONMENTAL ISSUES RESOLUTION NO.: 287.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury previously established a Citizens Advisory Committee on Environmental Issues and vacancies exist on this Committee, and WHEREAS, the Town Board wishes to appoint members to fill the vacancies on the Environmental Committee, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints the following members to the Town's Citizens Advisory Committee on Environmental Issues: 1. Marion Cole; 1. Bob Huntz; and 1. George Stec. Duly adopted this 30th day of August, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT None RESOLUTION AUTHORIZING ENGAGEMENT OF APPLIED GIS, INe. TO PROVIDE GEOGRAPHIC INFORMATION SYSTEM (GIS) NEEDS ASSESSMENT RESOLUTION NO: 288.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury's Department of Community Development successfully obtained a $15,000 Local Government Records Management Improvement Fund Grant from the New York State Education Department State Archives and Records Administration (SARA) to be utilized for the performance of a Geographic Information System (GIS) needs assessment to evaluate potential GIS applications with various Town of Queensbury Departments, and WHEREAS, the Town's Executive Director of Community Development requested proposals from professional consulting firms to provide the (GIS) needs assessment, and WHEREAS, the Executive Director reviewed all proposals and has recommended that the Town Board engage the services of Applied GIS, Inc. for the approximate amount of $15,000 as delineated in its letter dated August 23, 1999 and presented at this meeting, and WHEREAS, the Purchasing Manager has approved the request for proposals process and concurs with the Executive Director's recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs engagement of Applied GIS, Inc., to provide a Geographic Information System (GIS) needs assessment for the approximate amount of $15,000 as delineated in its letter dated August 23, 1999, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller's Office to increase estimated revenues in the State Aid, Records Management Account No.: 01-01-3060 and increase appropriations in Records Management, Consultant Fees Account No.: 01-1460-4720, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Director of Community Development and/or Town Supervisor to execute any forms or agreements in form approved by Town Counsel necessary to effectuate the terms of this Resolution. Duly adopted this 30th day of August, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CHAZEN COMPANIES TO UPDATE TOWN ZONING ORDINANCE AND MAP RESOLUTION NO.: 289.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury's Executive Director of Community Development requested proposals from professional consulting firms for the preparation of an updated Town of Queensbury Zoning Ordinance and Map, and WHEREAS, the Town's planning staff reviewed all responses received, and WHEREAS, the Executive Director and Planning Committee met with select consultants and recommended that the Town Board interview Chazen Companies for the consulting work, and WHEREAS, the Town Board interviewed Chazen Companies and the Board wishes to engage Chazen's services for the approximate lump sum amount of $37,500 with additional miscellaneous expenses up to the approximate amount of $2,500 as delineated in Chazen's proposal dated July 23, 1999 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs engagement of Chazen Companies to prepare an updated Town of Queensbury Zoning Ordinance and Map for the approximate lump sum amount of $37,500 with additional miscellaneous expenses up to the approximate amount of $2,500 as delineated in Chazen's proposal dated July 23, 1999, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller's Office to establish any necessary account or make any necessary budget transfers to pay for Chazen's services, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Director of Community Development and/or Town Supervisor to execute any forms or agreements in form approved by Town Counsel necessary to effectuate the terms of this Resolution. Duly adopted this 30th day of August, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Councilman Merrill-I think this is one of the more significant action items that will be shaping the future of this Town. When we went through the Comprehensive Land Use Plan this was the strongest recommendation that came out and it does address a number of issues here. Chazen will be preparing proposals for the Town Board to consider, there will be a lot of citizen involvement in this and among other things just reading from their proposal they will be looking at recommendations at consolidation and revision of landuse districts, new a revised districts designation of special districts, corridors, design guidelines in commercial areas , incentive, performance based zoning these are all things to be looked at. Very significant item here is simplification of the Town's review procedures. Improve buffer definitions based on impact, architectural review, landscape standards, sign regulations, noise regulation, home occupations, marina standards and the need for new zoning districts. The objective here is to simplify the code to make it more user friendly and to provide better guidance for the future. What we are hoping to do here is to adopt best practices from other communities rather than try to re-invent everything. I think Chazen is a good firm to do this, I am strongly in support of this having worked on the Comprehensive Land use Plan and spent a great deal of time trying to understand the code. So, I think this is a very significant move here. Supervisor Champagne-I think we all echo those comments Dick, we did spend some time with Chazen, certainly from what we gained so far from the company they have done some outstanding work in New Hartford and in the Capital Dist. the City of Saratoga, I have to believe that we are in good hands and again there will be public input. RESOLUTION AUTHORIZING PROCEEDS FROM SALE OF PARCEL OWNED BY TOWN OF QUEENSBURY TO NORTHWAY PLAZA ASSOCIATES, LLC TO BE PLACED IN CAPITAL IMPROVEMENT FUND RESOLUTION NO.: 290.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by Resolution No.: 200.99, the Town Board of the Town of Queensbury authorized the sale of a 1.2 acre parcel ofland located in the vicinity of Northway Plaza to Northway Plaza Associates, LLC, as the parcel is no longer needed for any Town purpose, and WHEREAS, the Town Board set the sale price of this parcel at $20,000, and WHEREAS, the Cemetery Commission, by letter dated August 12, 1999, has requested that the proceeds from this property sale be placed in a Capital Improvement Fund for the Cemetery Commission's use, and WHEREAS, the Town Controller has no objection to the Cemetery Commission's request, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the proceeds from the sale of the parcel to Northway Plaza Associates, LLC in the amount of $20,000 be placed into a Capital Improvement Fund for use by the Town's Cemetery Commission, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 30th day of August, 1999, by the following vote: AYES : Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR ELECTRICITY RESOLUTION NO.: 291.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Purchasing Manager has advised the Town Board that, as a result of deregulation, the Town of Queensbury has an opportunity to obtain bids for electricity and therefore has requested that the Town Board authorize her to advertise for bids, and WHEREAS, the Purchasing Manager has prepared and presented copies of bid specifications to the Town Board, and WHEREAS, ~103 of the General Municipal Law requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Purchasing Manager to publish an advertisement for bids for electricity in the official newspaper for the Town of Queensbury and make bid documents available on September 3rd, 1999, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Purchasing Manager to open all bids received at the Town Clerk's Office at 2:05 p.m., on September 17th, 1999, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 30th day of August, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Councilman Irish-questioned why we didn't bundle the bid with gas and oil and everything else we buy? Controller Hess-this is the first year of this, it went into effect in August the other bids had already been set up. . . right now I am not sure, we do not know enough about there being enough consolidated vendors to provide all those..it is a first step. . . this is for one year. RESOLUTION AUTHORIZING BADGER METER, INC. TO PROVIDE ADDITIONAL RADIO READ METERS AND ACCESSORIES TO TOWN WATER DEPARTMENT RESOLUTION NO.: 292.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 162.99 the Town Board authorized Badger Meter, Inc. to continue providing radio read meters and accessories to the Town Water Department during 1999 for a total sum not to exceed $80,000, and WHEREAS, the Town Water Superintendent has advised that the Water Department has installed new meters at a much faster rate than originally anticipated and therefore has requested Town Board authorization to purchase additional meters and accessories from Badger Meter, Inc., for an additional sum of approximately $25,000, and WHEREAS, the Purchasing Manager has reviewed the Water Superintendent's request and has recommended that the Town Board authorize the additional purchases from Badger Meter, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Water Superintendent and/or Purchasing Manager to purchase additional radio read meters and accessories during 1999 from Badger Meter, Inc., for the additional, approximate sum of $25,000 to be paid for from Account No.: 40-8340-4320, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Water Superintendent and/or Purchasing Manager 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 30th day of August, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None Discussion held: Councilman Irish-Noted that the Water Dept. had installed meters faster than anticipated so he is running out of meters and we had to buy more... Question raised Tim Brewer, will they be used town wide? Supervisor Champagne-yes. RESOLUTION TO AMEND 1999 BUDGET RESOLUTION NO.: 293.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, certain Town Departments have requested fund transfers for the 1999 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the transfer of funds and the amendment of the 1999 Town Budget as follows: CENTRAL DATA PROCESSING: FROM: TO: $ AMOUNT: 01-1680-4060-0000 (Service Contracts/Warranties) 01-1680-2031 (Hardware) 3,000 COMMUNITY DEVELOPMENT -ZONING: FROM: TO: $ AMOUNT: 01-8010-4400 (Misc. Contractual) 01-8010-4720 (Consultant) 15,000 01-1990-4400 (Town Board Contingency) 01-8010-4720 (Consultant) 23,000 Duly adopted this 30th of August, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING ALAN ABBOTT TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 294.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town of Queensbury previously established the Town's Planning Board in accordance with applicable New York State law, and WHEREAS, George Stark recently resigned from the Planning Board and the Town Board wishes to appoint a replacement, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Alan Abbott to serve as a member of the Queensbury Planning Board until the term expires on December 31, 2002. Duly adopted this 30th day of August, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY ADIRONDACK INDUSTRIAL PARK CO., INC. RESOLUTION NO: 295.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Adirondack Industrial Park Co., Inc., has commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury for the 1997, 1998 and 1999 assessment years, and WHEREAS, the Town Board of the Town of Queensbury has reviewed these cases with Town Counsel and the Town Assessor has recommended a settlement proposal to the Town Board, and WHEREAS, the Queensbury Union Free School District has been informed of the proposed settlement and the School District has advised that it has no objection, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of the pending Article 7 cases against the Town of Queensbury by Adirondack Industrial Park Co., Inc., for the 1997, 1998 and 1999 tax years in accordance with the following revised assessment value: Parcel - Tax Map No.: Revised Assessments for 1997, 1998 & 1999: Lot 6 Marcy Drive 55-2-19.56 Parcel - Tax Map No.: $9,375 Revised Assessments for 1997, 1998 & 1999: Lot 7 Marcy Drive 55-2-19.57 Lot 8 Marcy Drive $9,375 $9,375 55-2-19.58 Lot 9 Marcy Drive 55-2-19.59 Lot 10 Marcy Drive 55-2-19.510 Lot 11 Marcy Drive 55-2-19.511 Lot 12 Marcy Drive 55-2-19.512 Lot 13 Marcy Drive 55-2-19.513 Lot 13b Marcy Drive 55-2-19.513/9903 $9,375 $9,375 $9,375 $9,375 $3,125 $6,250 and BE IT FURTHER, RESOLVED, that any refunds paid to Adirondack Industrial Park Co, Inc. as a result of this settlement shall be without interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 30th day of August, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None 6.0 PLANNED DISCUSSIONS NONE 7.0 TOWN WORKSHOP SUPERVISOR CHAMPAGNE-The Glens Falls Home has a centennial celebration coming up, Sunday September 5th.. . questioned if the town wanted to take an ad in the paper.. .no comment 8.0 ATTORNEY MATTERS NONE 9.0 OPEN FORUM MR. CRAIG MACEWAN-Planning Board-We have gotten our draft agenda for the month of September, we have site plan 19-99 coming in front of us which is Indian Ridge PUD, have you had an opportunity to review the revised plans and hold a public hearing for input? TOWN COUNSEL MARK SCHACHNER-It is my understanding that the project plans, that the Board has previously reviewed the project plans as revised and I thought along with guidance from Chris made the determination that the plans do comply with the August 1996 approvals. I thought that was the fundamental premise by which this revised plan was proceeding and if that is true then procedurally the next step is to go back to the Planning Board. Board agreed... MR. TIM BREWER-Are we going to be looking at the site plan period, there is no more, the Town Board will not have another public hearing on this as to the revised plan before we do the final site plan? TOWN COUNSEL SCHACHNER-There were three resolutions in August of 1996 relative to this project, those resolutions were then challenged initially successfully but ultimately unsuccessfully meaning that the resolutions from August of 1996 stand legally in effect. MR. BREWER-It is just a revised, of that, so then we are doing the final site plan then. TOWN COUNSEL SCHACHNER-It is both preliminary and final site plan, correct. MR. GILBERT BOEHM-Re: Y2K telephone system upgrade? Questioned if there are any penalty clauses built into that contract if the performance does not comply? SUPERVISOR CHAMP AGNE- This is a purchase of additional equipment... CONTROLLER HESS-The previous system, I do not think Y2K was addressed in the contract that is the problem that we face now. This one is being bought for that purpose. I do not know if there is a penalty clause there is a performance, it will be installed well in advance and we will know that it performs well before the end of the year. MR. BOEHM-Everybody can say that they meet but until 2000 occurs you are not sure. I would suggest you review the contract and put some teeth into it. MR. JOHN SAL V ADOR-RE: Sidewalks Are we going to include anything in the town budget this year for this work this coming winter? COUNCILMAN TURNER-We have some money in the budget right now under sidewalks, approximately $16,000. SUPERVISOR CHAMPAGNE-For next year we have put money in for sidewalk maintenance. MR. SAL V ADOR-Re: Sidewalks Two compounds, one maintenance and the other the removal of snow and dirt..the maintenance cost is to be included in Mr. Naylor's budget the snow removal etc. is something that remains to be seen as to how you are going to raise those monies, you need a budget for both items. SUPERVISOR CHAMPAGNE-We will know... COUNCILMAN MERRILL-We are in the process of developing the budget.. MR. SALVADOR-How will you raise the money? SUPERVIOSR CHAMPAGNE-At this point we do not know. MR. SAL V ADOR-Ifthere is not an improvement district in place you cannot raise the money. SUPERVISOR CHAMPAGNE-From the general fund, this is one option. MR. SALVADOR-If an improvement is organized and formed will that district pay back the moneys to the general fund? SUPERVISOR CHAMPAGNE-I would presume that would happen. MR. SAL V ADOR-Re: Purchase of power I understand that some people have gone through this, to get competitive bids and then when they combine it with the cost of transmission they do not save at all. Do we have an idea what the transmission costs are going to be? CONTROLLER HESS-We do have fairly good costs, we have had a series of meetings and I cannot recite the costs now, Ralph VanDusen has been active in it, the primary responsibility is with the purchasing agent. . .. unless we bid the cost of our electricity will go up under Niagara Mohawk we are hoping is bid it and get our costs back down to where it was before. There is not going to be a wind fall savings for the Town by bidding electricity there will be an increase if we do not. SUPERVISOR CHAMPAGNE-We are talking 2% savings. MR. SAL V ADOR-Re: Chazen Up date of the Zoning Ordinance and Map, will there be any public input? COUNCILMAN MERRILL-Yes. MR. SALVADOR-In what form? COUNCILMAN MERRILL-Focus groups, also a committee will be formed to address issues... MR. SALVADOR-Is there a schedule for this activity? SUPERVISOR CHAMPAGNE-Twelve months... project... COUNCILMAN MERRILL-They do have a schedule that they presented to us. MR. SAL V ADOR-Re: Septic variance Letter sent to you on July 29th concerning septic variance that we applied for and received and we would seek a revision to, in that regard we need a public hearing set I have not heard anything from you. SUPERVISOR CHAMPAGNE-I spoke to Town Counsel his advice was that you now have a variance to proceed with what was granted at the time and that is the reason for not getting back to you because I have to believe that is adequate. MR. SALVADOR - We feel that maybe we could improve on our design and we would seek a difference variance how do we go about requesting this? COUNSEL SCHACHNER-Make an application. MR. SAL V ADOR-Re: Regional Government Noted received a brochure from the Adirondack Regional Tourism Council located in Plattsburg N.Y. promoting the Adirondack waterways.. . have maps.. .on Lake George Map suggestions for safe and enjoyable travel on Lake George 1. Avoid the lake completely during peak season July and August I do not consider this very funny 2. Avoid the lower lake near the village where most of the resort and resulting congestion occur. The Lake George Park Commission regulates congestion and recreation activity, I do not know what we are going to do about this but it will not end here. Spoke on black listed companies proposal from the Federal government... this is dangerous.. MR. TIM BREWER-Candlebury Drive- Questioned the number of new radio controlled meters have been installed and how expensive are they and who pays for them? SUPERVISOR CHAMPAGNE-The cost of the meters are coming out of the water users maintenance.. . noted Mr. VanDusen could answer the other questions... COUNCILMAN TUCKER-RE: Third Party Billing Connie Goedert-WG.F. EMS-where the Town Board stands on third party billing. CONTROLLER HESS-Noted he had spoken with Mrs. Goedert, the town now needs a unified proposal from the three squads that comes up with a workable plan that they can work with, with a fair distribution of revenue and expenses that the Town Board can consider. . . COUNCILMAN TUCKER-Questioned if WGF EMS could do third party billing and not take any money from the Town, can they do that? CONTROLLER HESS-No... If they were to do that the Board would have to consider carving out that district and remove it from the rest of the district, because it is only one district. . . they have to come up with a plan that treats all districts and the taxpayers the same... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 296.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss, 2 personnel issues, legal matter. Duly adopted this 30th day of August, 1999 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 297.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and Regular Session. Duly adopted this 30th day of August, 1999 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury