2001-01-18 SP
SPECIAL TOWN BOARD MEETING
JANUARY 18, 2001
7:00 P.M.
Mtg #3
Res # 38-41A
TOWN BOARD
SUPERVISOR DENNIS BROWER
COUNCILMAN JAMES MARTIN
COUNCILMAN THEODORE TURNER
COUNCILMAN DANIEL STEC
COUNCILMAN TIM BREWER (arrived late)
TOWN COUNSEL
Bob Hafner
TOWN OFFICIALS
Henry Hess, Comptroller
Rick Missita, Highway Superintendent
Mike Travis, Deputy Highway Superintendent
Supervisor Brower called meeting to order. . . .
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO.: 38,2001
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Theodore Turner
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive
Session to discuss a matter of property acquisition.
Duly adopted this 18th day of January, 2001, by the following vote:
AYES:
Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES:
None
ABSENT:
Mr. Brewer
RESOLUTION TO RECONVENE
RESOLUTION NO.: 39,2001
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. James Martin
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Executive Session
and enters Regular Session of the Town Board of the Town of Queensbury.
Duly adopted this 18th day of January, 2001, by the following vote:
AYES:
Mr. Turner, Mr. Stec, Mr. Martin, Mr. Brower
NOES:
None
ABSENT:
Mr. Brewer
RESOLUTIONS
RESOLUTION AUTHORIZING HIRING OF KRIS OSTRANDER TO WORK FOR DEPARTMENT OF
PARKS AND RECREATION
RESOLUTION NO.
: 40,2001
INTRODUCED BY : Mr. James Martin
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to
hire Kris Ostrander to work part-time for the Department as a Recreation Leader, and
WHEREAS, Kris Ostrander is the son of Bruce Ostrander, a Town employee,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Kris
Ostrander to work for the Town's Department of Parks and Recreation as a part-time Recreation Leader
effective December 2nd, 2000 at the rate of pay of $5.15 per hour, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Parks and Recreation
Department, Town Supervisor and/or Town Comptroller's Office to complete any forms and take any
action necessary to effectuate the terms of this Resolution.
Duly adopted this 18th day of January, 2001, by the following vote:
AYES
Mr. Martin, Mr. Turner, Stec, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
RESOLUTION SETTING JOINT PUBLIC HEARING WITH QUEENSBURY PLANNING BOARD
CONCERNING PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY HAYES &
HAYES, LLC
RESOLUTION NO.: 41,2001
INTRODUCED BY: Mr. James Martin
WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Daniel Stec
WHEREAS, the Queensbury Town Board and Planning Board are considering a request by Hayes
& Hayes, LLC to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No. 's:
98-1-1, 98-3-1 and 98-3-5 located at the northeast corner of Aviation Road and the Greenway North
intersection, Queensbury from SFR-1O (Single Family Residential- 10,000 Square Feet) to CR-15
(Commercial-Residential- 15,000 Square Feet) or HC-IA (Highway Commercial- One Acre), and
WHEREAS, on or about December 18th, 2000, the Town Board adopted a Resolution authorizing
submission of the rezoning application to the Town's Planning Board for report and recommendation and
consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and
WHEREAS, on or January 10th, 2001, the Warren County Planning Board considered the
proposed rezoning and made a positive recommendation to approve the proposed rezoning, and
WHEREAS, in accordance with the provisions of Town Law ~265, the Municipal Home Rule
Law and the Town of Queensbury Zoning Laws, the Town Board must conduct a public hearing before it
may amend, supplement, change, or modify its Ordinance and Map, and
WHEREAS, the Town Board and Planning Board wish to conduct a joint public hearing so that
the Planning Board may also conceptually review the project with the intent of providing a
recommendation to the Town Board on the rezoning,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby establishes and sets a public hearing to be
held at a joint meeting with the Town Planning Board on Monday, January 29th, 2001 at 7:00 p.rn. 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 owned by Hayes & Hayes, LLC
bearing Tax Map No.'s: 98-1-1, 98-3-1 and 98-3-5 located at the northeast corner of Aviation Road and the
Greenway North intersection, Queensbury would be rezoned from SFR-1O (Single Family Residential -
10,000 Square Feet) to CR-15 (Commercial-Residential- 15,000 Square Feet) or HC-IA (Highway
Commercial - One Acre), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office 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 provide the Town Clerk's Office with a list of all property owners located within 500' of the
area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property
owners, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office 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.
Duly adopted this 18th day of January, 2001, by the following vote:
AYES
Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
DISCUSSIONS
New Zoning Ordinance - Leon Steves
Mr. Leon Steves gave update regarding the status of the proposed new zoning ordinance noting, in October
of 1999 we were charged with putting out the new code aiding Chazen Group to do it and in September of
2000, the draft was put out for public view and in October it was to be tweaked. It's been four or five
months since then and it's taking a lot of tweaking, but you haven't got anything back yet, to my
knowledge.
Councilman Turner noted that it was his understanding that it's supposed to be back by Friday.
Councilman Martin-I think, I've read it and I was one of the people at that meeting that commented and I
think we've got a real problem here and it's by no fault of that volunteer committee, I think they did a lot of
good work. The problem is, I think the scope in the very beginning was not the best. I'm in the opinion
that the code has got so many problems in it's current form that a revision approach or trying to take the
existing document and work within that format and that context is fundamentally flawed and it really needs
a ground up rewrite.
Mr. John Goralski-I'll echo those statements. When I came to the first meeting of the zoning revision
committee, I was under the impression that we were going to write a brand new zoning ordinance, start
from scratch, throw everything out and start from scratch. The first meeting I was told that's not the case,
that we were going to revise the existing ordinance. . .. I don't think we made a lot of revisions, we may
have changed the packaging a little but I'm not sure that we changed much of anything in the ordinance. .. I
think that the staff that you have right now, if they are given the resources with the help of some of the
other volunteers, I think this can be done without going out and hiring a consultant, spending thousands and
thousands of dollars. I think you have the people in place to do it. . ..
Councilman Martin-That's not to say that the money that was spent on this current effort is wasted because
from what I saw, the bulk of the money had to be spent on those design guidelines.
Mr. Goralski-Right, the design guidelines are excellent. That's work that has been done that probably
couldn't have been done in house, so I think the money was well spent doing that. But I think as far as
simplifying the ordinance, making it more usable for the average citizen, even making it less confusing for
the professionals that use it everyday, I don't think, if that was our goal that we achieve it, at all, not even
close.
Mr. Steves-I think it's worse... I personally would hate to see the town jump to conclusions now just
because time has gone by that we have to have this new ordinance in place. We do not, we should not. We
should look at it more carefully before it's enacted. That's what I'm here for tonight, to let you know how I
feel.
Councilman Turner-What's your feeling on the zoning itself, do you think that there should be less zones?
Mr. Steves-Absolutely, we have too many zones out there now, we added to it instead of subtracting....
There's one other member of the committee, Larry Clute that wanted to join us but he had an operation two
days ago but he basically is in agreement with John and I and told me to express his views that way.
Mr. Goralski-The point that I want to stress is that there were a lot of good things that came out of the
exercise that we went through and I think what you have to do is take those things and use them and I also
think that you have an excellent staff that if given the resources, that would be up to Chris to decide, you
and Chris to decide what those resources he would need but your staff certainly has the ability to take this
and given the direction of, we can have a whole new code. I know that they have the expertise to do that.
Mr. Steves-Yes and I'm certain there's professionals out there that are willing to volunteer their time, I for
one will help do that.
Town Board held brief discussion, no decision was made and board agreed to discuss further to see what
direction the town should proceed.
Sick Leave Bank Program - Henry Hess
Mr. Henry Hess, Comptroller noted it's been distributed and discussed a number of times, the concerns
from department managers have been addressed... questioned whether the board has any further concerns
to address and if the board wants to bring this to resolution form?
(Councilman Brewer entered meeting)
Town Board held discussion, agreed with moving forward and to have counsel prepare resolution for next
week's regular board meeting.
Release of Highway Funds - Dennis Brower
Supervisor Brower referred to form received regarding release of highway funds, four hundred and some
thousand dollars which was signed by two board members and needs to be signed by the supervisor also. . .
noted that the form requires designating the roads that are to be paved which is presently blank and
questioned whether he should sign the form yet?
Councilman Brewer-I thought this was to get something going for the CHIPS money.
Mr. Rick Missita, Highway Superintendent-It's a combination of everything, it's the combination of
expending money for the paving of the roads. We've done this since 1982, we sit down, we put a list
together in the Spring and then we go on a ride with the Town Board to see what's needed.... The problem
is, we can't see what's out there until the snow is gone.
Supervisor Brower-Okay, and it did work pretty smoothly last year... we can sign it at Monday's meeting.
Highway Vehicles and Screen for Pit - Rick Missita
Mr. Missita, Highway Superintendent reviewed options with the board regarding the highway screen for
the pit... Noted that the existing screen was purchased in 1994, it was a 1993 model, it was a used unit, we
paid almost thirty-two thousand then. We've had a few Band-Aids put onto it since then but the hopper has
about had it, the chain drive that operates it right now has cut itself right through to the hopper to the point
that we need a new hopper and new chain and the number one item gives you what it would cost to replace
the chain and hopper. Number two, the newer model units apparently because of this chain drive, they've
opted to go with a belt drive instead of chains so you don't have that wear and tear on the steel. To change
it over to that unit, would be fifteen-nine or around sixteen-nine, if you have it painted. I threw the other
option in, they have a used one down there, they came up and looked at ours and they estimate that for
trade in, it would be around ten-five, the unit sells for around fifty-five, so it would be around forty-four
five. Right now, because I need to make sand, I'm leasing that unit, not that particular unit but another unit,
for around fifty-eight and if we were to go out to bid, if this is your desire, the rental price would be put
towards the bid or deducted from the bid. Or the fourth one, which doesn't appeal to me any but, we don't
do anything, we don't fix it, we just abandon it and start buying it off the Warren County contract and this
year's price is around two forty-five per ton. We go through roughly twenty thousand tons of material so it
would cost around forty-nine thousand dollars per year, plus or minus, depending upon what happens in the
future.
Town Board held discussion and agreed to option two, the belt driven model update with the cost of sixteen
mne.
Mr. Missita, Highway Superintendent referred to the purchase of the vehicle for the Highway
Superintendent and noted that it's a budgeted item, it's been discussed but no decision as to whether he
should buy a vehicle or lease a vehicle off of state contract and would like some direction from the board.
Mr. Hess, Comptroller noted that we're in the process of sending out notices requesting the departments to
get their vehicle purchases together and would like to take this request and work on it tomorrow. We have
a plan that serves the town well and I don't want to see that violated. We're going to have vehicles ready
for the Town Board, a list for 2001 for February's meeting and if this works out, we'll put this lease or
purchase on that same list and have them all done at one time if we can.
Councilman Brewer requested putting an item for discussion on the next workshop session regarding this
issue of vehicles and the fleet management program.
Town Board held discussion, agreed to have Henry do his research and to place this discussion on the
February 12th workshop.
Town Board held discussion regarding the sidewalk funding and maintenance.
Bay Ridge Volunteer Fire Company - Chip Mellon
Counsel Paul Pontiff, representing Bay Ridge Volunteer Fire Company-We have one primary matter that I
think needs to be addressed and a couple of minor matters. In the contract, as Henry and I have worked
around, the last one with the changes that were made, we talked about this question of the Sunnyside
property being sold to the town for a hundred and fifty thousand dollars and in the contract originally was,
there would be no realtor fees paid on that sale, no realty commission paid on that sale. When Henry and I
talked about it, we said, well, the town wasn't going to pay any realtor commissions. Now, we're in a
position, where there was a listing agreement that was signed in July that expired on December 6th, 2000
and those of you who are familiar with real estate matters, know what a exclusive right of sale contract
says. This contract requires that a commission be payable for a sale occurring within three months after the
expiration of a contract if it arises out of a contact made during the time of the contract by a member of the
multiple listing board or by the owner. The thing Bob Hafner and I talked about was that the listing agent
here who works for Realty USA is Dave Strainer. Dave is a member of the fire company, he's also an agent
for the realtor. Whether or not that presents a problem in terms of resisting the payment of a commission, I
guess remains to be seen. But, our position is that you have an agent who had knowledge that there was
negotiation and conversation going on with the Town of Queensbury with respect to the sale of that piece
of property before this contract. Although this contract is a renewal of a prior existing contract. So, there
was a contract that was in existence prior to this one which was also an exclusive right of sale contract.
There's no black and white. They may very well be entitled to a commission based upon the sale to the
town. We have, asked Dave Strainer to go back to Realty USA and see what they would do in terms of
something less than a standard commission because the fire company is willing to contribute, if we can
work out some dollar amount that's acceptable to the town and to the fire company. I had a call about a
week and a half ago from Candy Morabito whose the manager of the realty office up here asking me the
background and I gave her basically what I've told you now and I told her our position might very well be
that we had an agent who had knowledge and we might refuse to pay a commission. She said, well, we'll
have to talk to our counsel about that and I haven't heard back from her. Although, I did indicate that I was
at a board meeting at Bay Ridge a week or so ago, last week I think it was and David was there, Dave
Strainer and he indicated that he would propose a specific dollar amount. . .. We asked him to go back to
Realty and come back with an offer which has not occurred. The dollar amount that he suggested was two
or three thousand dollars and I didn't think that made any sense when you were talking about a ten percent
commission on a hundred and fifty thousand dollar sale. My guess is that Realty USA wouldn't be willing
to accept two or three thousand dollars. .. So, at this point and time, we haven't had any come back to us.
When I spoke with Henry subsequent to that, we talked about the possibility and I think I spoke with Bob
also, we talked about the possibility of the town perhaps upping the offer of a hundred and fifty thousand to
something a little bit higher to give us some leeway to deal with this matter rather then going to litigation,
because it's going to cost more to go to litigation then it's going to cost to resolve the matter if it can be
resolved amicably with the town's understanding and with the fire company's understanding. So, at this
moment in time it's hard for me to give you a black or white concept. Although, Chip did mention to me
tonight that there is a provision in the contract that says that the fire company will provide it's own funds
towards the construction cost during the term of the construction and the financing up to fifty-five hundred
dollars a year and if that were to start in the year 2001 which I don't think it would under normal
circumstances because there won't be any construction I don't think or any costs incurred until the latter
part of 200 1. So, that might not really occur until 2002. If that figure were to come into play in 2001, the
fire company might be able to deal with that problem with some assistance from the town. So, that's what
we know right now and Bob and I talked about it and Bob had a concern because there was the double
agency situation, a person with knowledge but I'm not sure how far that will go.
Town Counsel Hafner-It doesn't sound quite proper especially getting a ten percent commission which
seems awful high for someone whose dealing with themselves.
Supervisor Brower-I've never heard more then six percent.
Counsel Pontiff-It's a commercial piece of property so that's ten percent.
Mr. Hess, Comptroller-Let me just add one more thing here so we all understand, the town wasn't a party to
that contract with the real estate company in the first time. That was negotiated by the fire company
without any input or thought with the town. So, we're being asked to buyout a contract that we really, you
know, if we had some input in the first place, we might have avoided this.
Counsel Pontiff-That reminds me of another factor, Henry. Let me give you another factor that's involved
and I asked Chip or Chuck this and I'm not sure that I have an answer to that but Chuck signed as president
of the fire company, of the listing agreement. Now, I don't know if Chuck had the authority to do that and
so it maybe a voidable contract. I don't know.
Town Counsel Hafner-I raised that point when we talked.
Counsel Pontiff-That's right and I don't know if there is a resolution adopted by the fire company or by the
board or the fire company which authorized Chuck to sign this agreement. Now, that may be okay to raise
an argument but on the other side, they're going to say we're innocent bystanders and we looked at this as
being an appropriate, so you know, you have this argument going back and forth... I think we want to make
you aware of the problem, until we get something back from Realty USA which says, okay, we're willing to
accept three thousand dollars or willing to accept five thousand dollars, I don't think I can ask you for
something specific but I want to try and get an indication whether the town would be cooperative if we can
reach some reasonable solution to the problem.
Town Board held discussion, it was recommended to let the contract time run out and the board will
continue discussions and negotiations. . .
(Councilman Martin left meeting)
Local Law to direct renumbering or correction of residence numbers lAW 911 Program for Public Safety -
Dennis
Supervisor Brower spoke to the board regarding a local law requiring the display of official street address
in the Town of Queensbury... It's kind of a public safety issue, it was brought to my attention earlier in the
year that there was a street that was not renumbered up on Cottage Hill, Hillcrest Avenue. .. I spoke with
Dave who told me that until the board takes action on enforcing the numbers, he said he can't do anything,
there's no law saying that you have to display the proper number. Some people through the 911
renumbering system failed and refused to change their number. So, without a local law forcing them with
fines and penalties to display the property number, we can't really take appropriate action to get this done.
So I'm proposing that Monday night we pass a resolution that would set a public hearing on a proposed law
to do just that, to require display of official street address in the Town of Queensbury.
Town Board held discussion, agreed to the Supervisor's proposal and to move forward with the resolution
for Monday night.
Other discussions
Mr. Hess, Comptroller spoke to the board regarding the renewal contracts for the South Warren
Snowmobile Club and the Queensbury Little League that are still outstanding and in need of processing. . .
Town Counsel Hafner noted that they're both prepared and will be presented at Monday's Town Board
Meeting. . .
RESOLUTION ADJOURNING MEETING
RESOLUTION NO.: 41A, 2001
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their Special
Town Board Meeting.
Duly adopted this 18th day of January, 2001, by the following vote:
AYES:
Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES:
None
ABSENT:
Mr. Martin
No further action taken.
RESPECTFULLY SUBMITTED,
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY