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1993-03-15 REGULAR TOWN BOARD MEETING MARCH 15, 1993 7:00 P.M. MTG#22 RES# 182-195 BOARD MEMBER PRESENT Supervisor Michel Brandt Councilman Pliney Tucker Councilman Nick Caimano Councilman Susan Goetz Councilman Betty Monahan TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Mike Shaw, Jim Martin PRESS G.F. Post Star PLEDGE OF ALLEGIANCE LED BY SUPERVISOR MICHEL BRANDT PUBLIC HEARING VARIANCE FROM SEWER CONNECTION - MR. BRUCE LUNGREN (FALL LINE SKI SHOP, INe.) NOTICE SHOWN Mike Shaw-Director of Wastewater. We have a sewer variance request from Mr. Bruce Lungren owner of Fall Line Ski Shop located at III Quaker Road, I believe the Town Board has that request before them. Supervisor Brandt-I'm going to declare the public hearing open. Do you have anything you want to tell us on your behalf Bruce? PUBLIC HEARING OPENED Mr. Bruce Lungren-I don't think I have anything to add to the information that was requested on the form for the variance. I guess I'm just trying to buy a little time at this stage of the game to wait till the weather is favorable to make this connection. Councilman Goetz-One of the things we've been doing is consistently granting people to June 30th, because of the weather, we've had other variances would that be acceptable? Mr. Lungren-In my situation, I don't think so because of the soil content in our area and particularly at my store is very high clay content which holds the moisture and the water table stays much higher in that area. I have a long way to go I have to go all the way across the back of the building and then out to the line. Councilman Goetz-You mention September, October, is that what you are asking for officially? Mr. Lungren-I think primarily, I realize that this thing has gotten to the point now where we have to put it in so that's the optimum time to dig. When they crossed our property with the sewer actually they had the hole dug towards the end of August of that year at that point at that level where the sewer is it was dry. I think particularly with the snow content and the water table where it's going to be this spring if we try to dig it earlier it would present a great hardship as far as construction goes and add to the cost considerably which is already going to be very considerable. Councilman Monahan-Have you gotten any estimates yet for the cost of hooking that up? Mr. Lungren-I got an estimate a few years ago one for thirty five, one was twenty seven hundred dollars. If they have to dig it in wet weather, huh... Councilman Goetz-Why weren't estimates attached to this variance request? I don't have the actual application. Mr. Shaw-The application came in and there wasn't any estimates attached to it. Councilman Goetz-Should it have come as far as us without the estimates? Mr. Shaw-It seems as though we were trying to bring these before the board because of the letters that were sent out they had to respond within thirty days. In doing his request here he is requesting for time because of his soil conditions it really didn't bear on the cost he didn't say he was looking for an extension because of cost. Mr. Lungren-Cost is a factor particularly since it hasn't snowed in five years. Supervisor Brandt-Okay, it's a public hearing is there anyone else that would like to speak on this application for variance? NO PUBLIC COMMENT Supervisor Brandt-Any other questions from the Town Board? PUBLIC HEARING CLOSED DISCUSSION HELD Supervisor Brandt-What's the will of the Board? Councilman Goetz-I'd be willing to grant him the variance until October of 93, due to the fact of the high water table. Councilman Tucker-October 31st? Councilman Goetz-Yes, October 31 st of 93. What do you think Nick? Councilman Caimano-We sort of made a commitment last week to everybody. This isn't as if this is the first time this has happened it's been many year. We made a commitment Barbara Pallozzi made a great speech and we patted her on the back and we made a commitment here last week to put everybody on June 30th. Councilman Goetz-I voted against it. But, that Quaker Electric we gave to 94, didn't we? Councilman Tucker-Yes. Councilman Goetz-That's why I was voting against it. Councilman Tucker-Because of their finances. Councilman Goetz-They have a high water table and wasn't that part of the reason? Supervisor Brandt-Sometimes you get into wet weather in the fall, also. Late October, I think can get into some pretty wet cycles I think. Mr. Lungren-I don't think it's so much the wet weather where the problem is it's generally after you go through the summer where the water table has an opportunity to drop particularly in the clay condition. Now, if you want to drive in my driveway where they ran that sewer across my driveway tomorrow and look at a two foot drop, I've gone round and round with my driveway over the sewer I have a unique situation the Town doesn't want to address that situation and this isn't the time to do it either. On either property on either side of me the driveway has no dip. Where they crossed my driveway, I had to put a sign up there because there is a huge dip cars are bottoming out. My situation is a little more unique you drive into my driveway and go through Salvation Army or the shopping center next door to it you won't find the same thing. Maybe I'm totaling unique with my clay soil and my two hundred feet of Quaker Road, but, however, I do know when they dug the thing to put the sewer in and that was at the end of August during September it was dry down there. I think in June or July your going to run into a water table that's right in the middle of the sewer. Supervisor Brandt-What about going September 30th, can you get it done in that instead of October 30th? Mr. Lungren-I would prefer October 31st, or 30th? Supervisor Brandt-What's the will of the Board? The following resolution was passed. RESOLUTION EXTENDING VARIANCE FROM REQUIRED SEWER CONNECTIONS FOR BRUCE LUNGREN (FALL LINE SKI SHOP, INC.) RESOLUTION NO.: 182,93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is authorized, pursuant to § 136-44.1 of the Code of the Town of Queensbury, to, upon request, waive the sewer connection requirement of § 136- 44 thereof or vary the time in which such connection must be made, provided that certain standards and criteria or conditions are met or demonstrated and provided that a certain procedure is followed, and WHEREAS, in granting a variance or waiver, the Town Board may consider one or all of the following circumstances: (a) The distance from the building to the town sewer pipeline to which connection is required. (b) The cost of the connection. (c) The existence or nonexistence of any physical obstructions. (d) The financial loss to be sustained by the property owner in the event of nonuse of the current system. (e) Whether the current sewage disposal system is properly functioning. (f) Whether any rights-of-way or easements are needed in order for the applicant to make the connection to the town sewer system. (g) Whether strict application of the connection requirement of § 136-44 would result in a specified difficulty to the applicant, for which the applicant has not been given a reasonable time to respond to or address, and whether the variance or waiver would be materially detrimental to the purposes of the sewer connection requirement or that the property and the district in which the property is located or otherwise conflict with the description or objections of the plan or policy of the town and that the interests of justice are served; and WHEREAS, if the Town Board finds any or all of the above circumstances or conditions, the Town Board may grant the following relief: (a) In the event that circumstances giving rise to the request are due to physical obstructions, costs significantly greater than the usual sewer connection costs, a distance greater than two hundred fifty (250) feet from the sewer pipeline to the building or structure to be connected or a documented inability to obtain an easement or right-of-way over which the sewer line must pass in order to connect to the town sewer system, the Town Board may grant a permanent waiver from the requirement that the applicant connect the subject property, provided that the sewage disposal system currently serving the property is operational, in accordance with the Town of Queensbury laws and regulations and appropriate New York State agency rules and regulations, and (b) In the event that the circumstances giving rise to the request are due to excessive costs of connection, the financial loss to be sustained by the property owner in the event of nonuse of the current system or any other specified difficulty which makes it difficult or impractical for the applicant to connect to the town sewer system and the applicant is willing to pay the full and usual sewer rents or taxes accruing against the property, the Town Board may grant an extension of time, not exceeding two (2) years, in which to connect to the town sewer system, provided that the sewage disposal system currently serving the property is operational, in accordance with the Town of Queensbury laws and regulations and appropriate New York State agency rules and regulations, and WHEREAS, Mr. Bruce Lungren (Fall Line Ski Shop, Inc.) previously applied to the Town Board of the Town of Queensbury for a variance and relief from that part of the law requiring sewer connections upon the grounds that: The water table, clay soil, and depth of sewer line will necessitate excavation at the driest possible time of the year - September-October, before the frost sets in. and WHEREAS, the applicant previously indicated that: The current septic system consists of a concrete tank and sufficient leach field for the building. Since this is a seasonal business, the system gets little use 4 to 5 months of the year. They have two full-time and one part-time employee. The business is closed in the summer months, so they wish to defer sewer hook-up, pending full-time utilization of the building; and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on March 15, 1992, and WHEREAS, the Town Board has received a report from Michael Shaw, Waste Water Superintendent, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby extends a temporary variance to October 31st, 1993, and BE IT FURTHER, RESOLVED, that the reasons the variance is granted are as follows: Based on what is being represented to us as a heavy clay soil and very wet area to work in. To give a chance to have the groundwater table lower for more time to work. Requiring them to hook it up now would be a specified difficulty to the applicant. Duly adopted this 15th day of March, 1993, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt, Mr. Tucker NOES: None ABSENT:None DISCUSSION HELD Councilman Tucker-Questioned how may more of these variances are left? Mr. Shaw-Five. Attorney Dusek-Has had discussion with Mike Shaw, and requested him to note status of each applicant. Mr. Shaw is to notify the applicants that are left that the Town Board is thinking of a June 30th deadline. RESOLUTION TO SET PUBLIC HEARING REGARDING AGREEMENT BETWEEN THE TOWN BOARD OF THE TOWN OF QUEENSBURY AND THE BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO. 183, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Bay Ridge Volunteer Fire Company, Inc., heretofore organized within its department, emergency rescue and first aid squads composed of firemen who are members of the Companies and furnished certain ambulance services, and WHEREAS, on or about the 30th day of December, 1991, the Town Board of the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc., entered into an agreement for the provision of certain emergency ambulance services, and WHEREAS, since the time of the aforesaid organization of rescue and first aid squads and since the time of the contract for emergency ambulance service, a new corporation has been formed known as the "Bay Ridge Rescue Squad, Inc.," and said corporation, together with the Bay Ridge Volunteer Fire Company, Inc. and the Town of Queensbury, are desirous of altering the services to be performed by the Bay Ridge Volunteer Fire Company, Inc., and amending the referred to agreement to provide that the Bay Ridge Rescue Squad, Inc., shall stand in the place and stead of the Bay Ridge Volunteer Fire Company, Inc., and be liable and responsible to provide emergency medical service and general ambulance service and generally be liable and responsible for all duties, obligations, and responsibilities under the agreement previously existing between the Town of Queensbury and the Fire Company and receive in connection therewith, all consideration pro rated that would have been paid to the Fire Company under said Agreement, and WHEREAS, an Agreement has been presented at this meeting, whereby the Bay Ridge Rescue Squad, Inc. would assume all duties and responsibilities for emergency medical service and ambulance service currently provided by the Bay Ridge Volunteer Fire Company, Inc., and WHEREAS, a public hearing is required pursuant to Town Law §184 prior to the time that the Town Board may enter into such agreement, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on April 5th, 1993, at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, and that notice of such hearing be published in the Post-Star Newspaper, once at least ten (10) days prior to the said hearing, and that such notice shall specify the time when and the place where said hearing will be held and describe in general terms the proposed contract, and be in the form presented at this meeting, and IT IS FURTHER RESOLVED, that, before the Contract referred to in the preambles of this Resolution is entered into, and, before any public hearing is conducted as herein provided, the consent of the Bay Ridge Rescue Squad, Inc. to furnish such emergency services shall be obtained and such consent shall be evidenced by a copy of a resolution certified by the Secretary of the Volunteer Ambulance Service. Duly adopted this 8th day of March, 1993, by the following vote: A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO.: 184,93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, certain departments have requested transfers of funds for the 1993 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1993 budget: PLANNING, ZONING, BUILDING & CODES: FROM: TO: AMOUNT: 01-8010-4030 01-8010-4400 $200.00 (Zoning & Codes (Misc. Contractual) Postage) 01-8020-4090 01-8020-4040 100.00 (Planning Conf. (Dues & Registration) Expense) SUPERVISOR/BUILDING & GROUNDS FROM: TO: AMOUNT: 01-1990-4400 1-1620-1230 $19,150.00 (Contingency) (Cleaner) and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 15th day of March, 1993, by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION INCREASING PETTY CASH FUND FOR LANDFILL RESOLUTION NO.: 185,93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 117, 92, established a petty cash fund in the amount of $25.00 for use at the Queensbury/Glens Falls Joint Landfill for the purpose of making change, and WHEREAS, the Queensbury Landfill Superintendent has requested the establishment of a petty cash fund for the Luzerne Road Transfer Station in the amount of $25.00, and WHEREAS, such petty cash funds are provided for under §64 of the Town Law, NOW, THEREFORE, BE IT RESOLVED, that the Landfill Petty Cash Fund is hereby increased to $50.00, to provide for the establishment of a $25.00 petty cash fund at the Luzerne Road Transfer Station, for the purpose of making change. Duly adopted this 15th day of March, 1993, by the following vote: A YES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTION CHANGING HOURS LUZERNE ROAD TRANSFER STATION RESOLUTION NO. 186, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz Councilman Tucker-This pertains to changing the hours at the Luzerne Road, Transfer Station from 7:30 a.m. to 3:30 p.m. beginning March 23rd, 1993. Duly adopted this 15th day of March, 1993, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING CONTINUATION OF SERVICES BY EDWARD F. CORLEW, JR. RESOLUTION NO.: 187, 1993 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury by previous resolution no. 242, 92, authorized the hiring of Edward F. Corlew, Jr., to work with the Town of Queensbury and the Volunteer Fire Companies situated in the Town of Queensbury train and offer consulting and other services with regard to compliance with OSHA regulations, and WHEREAS, Edward F. Corlew, Jr., consultant, has been performing the aforesaid services under and in accordance with the terms and provisions of the contract which provides that said services shall be rendered at a cost of $35.00 per hour and not exceed $2,500.00 without first obtaining specific Town Board approval, and WHEREAS, Mr. Corlew has advised that further services desired by the Fire Companies in the Town of Queensbury will exceed the amount of $2,500.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the continuation of the services of Edward F. Corlew, Jr., to assist the Town and Fire Companies with respect to OSHA regulations, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes an additional amount of $2,500.00 to be expended, or a total amount of $5,000.00 without further Town Board approval and payment of said amount to come from Account No.: 05-3410-4400, and BE IT FURTHER, RESOLVED, that other than increasing the amount to be paid to Mr. Corlew under the agreement, the Town Board does not in any other fashion, modify the agreement, and the same shall continue to exist for the additional services to be provided by Edward F. Corlew, Jr. Duly adopted this 15th day of March, 1993, by the following vote: A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING AND TO DESIGNATE THE TOWN AS LEAD AGENCY REGARDING PROPOSED AMENDMENT TO THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 179 THEREOF ENTITLED "ZONING" RESOLUTION NO. 188, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of amending, supplementing, changing and/or modifying the Town of Queensbury Zoning Ordinance, the same having been previously codified and made a part of the Code of the Town of Queensbury as Chapter 179 thereof entitled "Zoning," and WHEREAS, the proposed amendment to the said Code of the Town of Queensbury, Chapter 179 thereof entitled "Zoning" is in the form of a Local Law and is presented to this meeting of the said Town Board with this resolution and is incorporated herein, as if more fully set forth herein, for all purposes, and WHEREAS, a completed Part I of a Short Environmental Assessment Form has also been presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant to Section 265 of the Town Law and the relevant sections of the Municipal Home Rule Law of the State of New York, amend, supplement, change, modify or repeal the Zoning Ordinance as codified by Ordinance of Local Law, and WHEREAS, in order to so amend, supplement, change, modify or repeal the Ordinance as codified, it is necessary to hold a public hearing prior to adopting said proposed amendment, and WHEREAS, it is also necessary to provide notice to other governmental bodies or agencies as required by law, and WHEREAS, it is also necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action which consists of adopting the proposed amendment, and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is a Type I action under the provisions of and regulations adopted pursuant to said State Environmental Quality Review Act (SEQRA), NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to conduct a coordinated review and be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act and directs that such notices be sent by the Zoning Administrator to such other involved agencies as may be required under SEQRA to notify the agencies of this action and that the Town Board desires to be lead agent in a coordinated review and that a lead agency must be agreed to within 30 days, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on April 19th, 1993, at 7:00 p.m. in the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to the proposed amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing a notice in a form to be approved by the Town Attorney and substantially in conformance with the Notice presented at this meeting, for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin Board outside the Clerk's Office said notice, and BE IT FURTHER RESOLVED, that the Zoning Administrator is hereby authorized and directed to give written notice of the proposed amendment to the Zoning Ordinance of the Town of Queensbury as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form, a copy of this resolution and a copy of the written notice previously described 10 days prior to the public hearing to the following: Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 264 of the Town Law and Municipal Home Rule Law of the State of New York, the Code of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER RESOLVED, that the Zoning Administrator is hereby authorized and directed to give notice of said proposed amendment to the Zoning Ordinance as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form, the Notice of Public Hearing and a copy of this resolution to the Warren County Planning Agency and the Town of Queensbury Planning Board for their review in accordance with the laws of the State of New York and Code of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the Zoning Administrator is also hereby directed to send a copy of the proposed amendment, Notice of Public Hearing, a copy of the Environmental Assessment Form and a copy of this resolution to the Adirondack Park Agency. Duly adopted this 15th day of March, 1993, by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION COMMENDATION RESOLUTION NO. 189,93 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, the Entire Northeast was hit by an enormous blizzard starting on March 13th and ending on March 15th, 1993, and WHEREAS, the area of the Town of Queensbury was not spared this extensive weather system now known as the BLIZZARD OF 1993 NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury wishes to express to the Town of Queensbury Highway Dept. Management and employees it's gratitude in their untiring efforts to keep the Town of Queensbury roads open under dire conditions. Duly adopted this 15th day of March, 1993, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt Noes: None Absent:None DISCUSSIONS BAY MEADOWS PROJECT - CHANGE OF ZONE Attorney Mark Schachner - Miller, Mannix, & Pratt, Dick Morse - Morse Engineering representing Garth Allen and owners of Bay Meadows Corporation. Attorney Schachner-Noted they seek a rezoning for the purpose of allowing a clustered housing development. It's a moderately priced somewhat affordable focus on senior housing complex that is proposed on the Bay Meadows Golf Course property. The current zoning is SFR-IA (Single Family Residence 1 Acre) they seek a rezoning to SR-IA (Suburban Residential 1 Acre). Stated the only purpose for seeking the rezoning is to allow for cluster development, noted he feels that cluster development on the property has very significant advances. The Town Planning Board and County Planning Board have reviewed the project and have recommended approval. The density calculations and SEQRA review has been resolved. There have been discussions about utility connections in particular the municipal sewer which Dick Morse has participated in with Jim Martin, he believes there is no ....issue there. Requested that the Board set a public hearing to formally consider the request for rezoning. Councilman Goetz-Asked the status of capacity availability for the sewer? Mr. Morse-Noted several workshop meetings have been held regarding the sewer for the Bay Road area. Out of all of that they are looking at approximately 26,000 gallons as a peak flow coming out of their unit at full development. Believes it's the consensus that all people concur that the existing infrastructure can more than adequately meet that and plans are directed towards that. It would not require any increase in capacity or pumps or pipe sizing. Notes Passarelli project the college and other potential users may require additional infrastructure improvements this is where the project has been left at this point. Talked with the previous Board on this issue had more less received authorization to proceed with the fact that we could sewer as an out of district user that's how they are intending to go forward at this point. If the district is formed would gladly participate in that district and go in with the new district if it does proceed. Mr. Martin-Stated that the Town basically has about 100,000 gallons of it's own capacity left without getting into the Hiland Park issue. They would use 26,000, the next likely project is the Passarelli subdivision which would use potentially another 75,000 gallons so that would use up the available capacity. Councilman Monahan-Questioned where this would leave the Valentes, this was part of his approval of his subdivision that the front of it be sewered when the sewers are available? Mr. Martin-Mr. Valente has been in on discussions and hopefully something could be worked out with the Hiland Park situation. Councilman Monahan-Concerned about prior commitments that have been made. Mr. Martin-Noted they are trying to honor all prior commitments and include everyone on the discussions. Councilman Monahan-Questioned if what was being represented tonight is it the same project as the Planning Board's have seen with no changes? Attorney Schachner-Yes. Councilman Monahan-Questioned the projected price of the housing? Mr. Morse-Stated without Mr. Allen present believes between $90,000 and $100,000. Councilman Caimano-Recommended that Mr. Martin prepare a grid showing who is going to be on or potentially on the sewer district at complete build out, also, at what impact Hiland Park would have on it with or without and what commitments have been made. Attorney Dusek-If you are concerned about your commitments to Mr. Valente, I think they were in the form of a commitment if this Bay Road district that was contemplated at the time ever came to pass. Councilman Caimano-Noted this is why they need to find out exactly where things stands. It was the decision of the Town Board to set a public hearing regarding the rezoning. RESOLUTIONS TO FOLLOW DISCUSSIONS - SURVEY FOR ROAD PROJECTS JIM MARTIN, LEON STEVES PRESENT Mr. Martin-Spoke to the Board regarding a plan and the possibility of some new roads in and around the intersections of Route 254, and Route 9. A plan dealing with transportation problems in that area. Has received some comments from Leon Steves and Tom Nace citizens of the Town regarding this plan. Noted that Mr. Steves and Mr. Nace have recommended that a study be done in the very beginning based on data and professional surveys to understand the problem and then move forward with a plan. Stated that he feels that this is a reasonable comment. The possibility of air photography from the beginning point of a survey could be done possible in April. This would be the base map on which the study would be done. Supervisor Brandt-Asked what region he was proposing? Mr. Martin-Suggested the region north of Price Chopper along Route 9, up to the top of Miller Hill, westward over to the Northway eastward along Quaker Road to the intersection of Lafayette. Supervisor Brandt-Noted the possibility of maybe going to Glen. Councilman Caimano- The possibility going to Weeks Road. Mr. Steves-Suggested to the Board that this process be digitized and the discs be given to the Town for the continuance of the program. Mr. Martin-To report back to the Board with an RFP next week. After further discussion it was the decision of the Town Board to adopt the following resolution. RESOLUTION REQUESTING PROPOSALS ON SURVEY OF ROADS RESOLUTION NO. 190,93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz To obtain proposals for air photography and ground control cost and mapping. Duly adopted this 15th day of March, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None DISCUSSION HELD Councilman Goetz-Spoke to the Board regarding a memo received from the Water Department regarding permission to attend the Adirondack Waterworks Conference. It was the decision of the Board to grant authorization. The following resolution was passed. RESOLUTION AUTHORIZING ATTENDANCE AT CONFERENCE RESOLUTION NO. 191,93 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano Councilman Goetz-Memo from Water Department about Adirondack Waterworks Conference has the authorization been taken care of? Supervisor Brandt-It has not been it hasn't come before the Board. Councilman Goetz-They were asking for our approval. I think the deadline is coming up for reservations. Is it a budgeted item? Mr. VanDusen-Yes. Councilman Goetz-I think if it's budgeted we should allow it. Councilman Monahan-I would agree. Councilman Goetz-I'll move. Councilman Caimano-I'll second it. Duly adopted this 15th day of March, 1993, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent:None DISCUSSION HELD Councilman Caimano-Spoke to the Board regarding a letter received from Feeder Canal Alliance requesting the Town to increase their allocation. It was the agreement of the Board to discuss this at a later date. (No action taken) RESOLUTIONS - GARTH ALLEN D/B/A PETITION FOR CHANGE OF ZONE RESOLUTION OF TOWN BOARD TO BE DESIGNATED AS LEAD AGENCY REGARDING ADOPTION OF PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE - GARTH ALLEN D/B/A BAY MEADOWS CORP. RESOLUTION NO. 192,93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury was previously presented with an application by Garth Allen d/b/a Bay Meadows Corporation, requesting that certain parcels of property owned by said Bay Meadows Corporation, bearing Zoning Map Numbers 60-2-5 and 60-2-10, be rezoned from the current zoning of SFR-IA (Single Family Residential- 1 Acre) to SR-IA (Suburban Residential- 1 Acre), and WHEREAS, by a previous resolution, the Town Board of the Town of Queensbury forwarded the application to the Planning Board for its review and has received a positive recommendation from the Planning Board, and WHEREAS, by earlier resolution, the Town Board of the Town of Queensbury also determined that it was necessary to comply with the State Environmental Quality Review Act and determined that the proposed application and action about to be undertaken by the Town of Queensbury was an unlisted action and that a Short Environmental Assessment Form was to be sent with other materials to other involved agencies, and WHEREAS, the Town Board of the Town of Queensbury is desirous of revising the previous SEQRA determinations and, therefore, amending the previously adopted resolution, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its continued desire to be the lead agency in connection with all reviews necessary pursuant to the State Environmental Quality Review Act and hereby determines that its previous resolution should be amended to indicate that the action about to be undertaken may be a Type I action under the State Environmental Quality Review Act and that a Long Form should be sent to any other involved agencies, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Attorney's Office to notify any other involved agencies of the Town Board's desire to be lead agent and that a lead agency must be designated within 30 days, and the Town Attorney is also authorized to furnish a copy of the original application, together with a copy of Part I of the Long Environmental Assessment Form completed by the applicant, together with correspondence outlining the action about to be considered and requesting that the Town Board of the Town of Queensbury be designated lead agent for SEQRA purposes. Duly adopted this 15th day of March, 1993, by the following vote: A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE FOR GARTH ALLEN D/B/A BAY MEADOWS CORP. RESOLUTION NO. 193,93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance, and more specifically considering a petition for change of zone by Garth Allen d/b/a Bay Meadows Corp., whereby his parcel ofland, known as Tax Map Nos. 60-2-5 and 60-2-10, would be changed from SFR-IA to SR-IA, and WHEREAS, in order to so amend, supplement, change, modify or repeal the Ordinance, it is necessary to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard upon and in reference to a proposed amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance, and BE IT FURTHER, RESOLVED, that the said public hearing shall be held on the 26th day of April, 1993, at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give at least 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town Bulletin Board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Planning Department to ascertain a list of the names and addresses of all property owners within 500' of the area to be rezoned, and provide the same to the Town Attorney's Office, and further authorizes and directs the Town Attorney's Office to arrange for notification of the proposed rezoning to all said property owners, and BE IT FURTHER, RESOLVED, that the Town Attorney's Office of the Town of Queensbury is also hereby authorized and directed to give written notice of the proposed Amendment to the Zoning Ordinance of the Town of Queensbury in accordance with the written notice presented at this meeting, to be delivered at least ten days prior to the public hearing, to the following: Such communities or agencies that it is necessary to give written notice to pursuant to Section 264 or 265 of the Town Law of the State of New York and the Zoning Regulations of the Town of Queensbury. Duly adopted this 15th day of March, 1993, by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD Supervisor Brandt -Spoke to the Board regarding the New York State Spring Festival Campaign letter requesting the Town to purchase banners for the event. David Kenny-Representing Queensbury Business Association. Noted that Warren County is the Spring Festival region for the 1993 year. Every weekend from the beginning of May to the end of June there is something going on throughout Warren County to bring people to the region. The banners would hang at each entrance to each community welcoming people to the 1993 Spring Festival. Noted that the Queensbury Business Association has purchased ten banners to put throughout the Town. It was the decision of the Board not to purchase banners at this time to wait and see how the first festival tums out and look at this next year. DISCUSSION REVALUATION IT WAS NOTED THAT TOWN ASSESSOR HELEN OTTE COULD NOT BE PRESENT DUE TO A CONFLICT OF SCHEDULE Councilman Tucker-Spoke to the Board regarding two gentlemen who represent a company in his ward concerning the assessment. Before the reval their taxes were $10,500 after the reval the taxes went to $21,000. Their assessed evaluation went from $446,000 to $938,000 the annual payroll is 3.2 million dollars a year. Noted that if the reval holds they are going to move out of the Town and the County. Councilman Goetz-Spoke to Helen Otte regarding problems with the reval. Noted as a Town Board member she would like to address this that this is a serious subject. Councilman Tucker-Questioned Town Attorney if the Town Board has the authority to stop this? Attorney Dusek- No. Stated that the reval has gone to far and the funding is all in place. The Assessor is really the person charged under law with coming up with a uniform roll. If she feels it's possible for the Town to be in good shape by stopping the reval that's one thing or if she feels that's necessary that something that has to be talked about with the Town Board. The other point to bring out you have people that are under contract if there are questions there still is time to see if things can't be straighten out, if you feel there are difficulties with the roll. You need to hear from Helen on that whether she feels there is enough time to work it out. Your not in the position right now where there is no time that this is it that nothing could be worked out. First of all, there is a possibility things may be worked out and secondly, I think after you talk to her maybe some other ideas can come forth. It's proper to enter into a dialogue to find out if in fact these types of problems can be resolved. Nick Nicholson-Questioned how the Assessor has so much authority? Attorney Dusek-Under New York State Law they vest a lot of power in the Assessor. Nick Nicholson, Queensbury-Spoke to the Board noting his concern regarding his assessment. Supervisor Brandt-Has met with the Assessor noting his concerns regarding the Assessment. Stated at this point there isn't an awful lot that can be done right now except to communicate with the Assessor. David Kenny, Queensbury-Has spoken with the Assessor noting his questions and concerns regarding his assessment. Charlie Adamson-Assembly Point, Queensbury. Read to the Board an Article entitled, How To File A Complaint On Your Assessment A Taxpayer's Guide. Mr. Kenny-Noted the other problem he has is that he was told that people would not hear back until May 1st and the Assessment goes out May 1st, every question should be addressed at least two weeks prior to that deadline. Lillian Adamson Assembly Point, Queensbury. Spoke to the Board regarding concerns for assessments that have been done on lake properties. Noted she has received a number of phone calls from area residents noting their concerns. Questioned the qualifications of the people who have done the survey if they are licensed appraisers. Would like to know how the company has come up with the figures that they have come up with and when they decided that they didn't have good comps. Noted that the Assessor will not consider on the lake the septic regulations and the park commission regulations, would like the Assessor to consider this because it makes a difference on whether they can sell. Asked the Town Board to advise the Grievance Board to be fair and reasonable and listen to the people who come in and have complaints on Grievance Day. Thanked the Town Board for having the tax roll available for the public....Noted she feels people are entitled to information out of their files without having to pay for it. Councilman Monahan-Agreed with Mrs. Adamson. The public be able to access information out of their own files without having to pay for it. Attorney Dusek-Pointed out to the public that in recent years they have re-evaluated the process of grievance day. Have determined that in working with Helen that it had to be something that was more accessible to the public and a less intimidating atmosphere. Councilman Caimano-Stated in doing the reval it was noted that there would be ten to fifteen percent of problems. Mr. Gilbert Bowen-Spoke to the Board regarding the reason why the revaluation was done. Councilman Tucker-Questioned Attorney Dusek regarding a court case concerning John Burke Apts. Attorney Dusek -Noted that the case has been settled. Councilman Tucker-The property has been reassessed and the assessment has gone up considerably. Supervisor Brandt-Noted the best thing to do is face the problem and try to solve it. Mr. Fred Alexy-part owner of industrial property in Queensbury. Questioned the Board if the Assessor has the right to shift the tax burden more to commercial property and industrial property, asked who makes this decision? Attorney Dusek -Noted if the issue is if she has the ability to determine on her own to shift the tax burden to one segment to another the answer is no. His understanding is the approach the Assessor has taken is to assess people at a assessed value under the law which is market value. To arrive at a true value and to create a uniformed role that should be her primary goals at this point. Mr. Alexy-Questioned the disclosure statement that was prepared on the notice that went out to residents concerning assessments, questioned what was meant by the statement. Attorney Dusek-Noted the comparison was put on there to afford you the opportunity as a taxpayer to see what the effect would be of your new value assuming everything else stayed equal. Councilman Caimano-Asked Mr. Alexy if anyone had approached him to fill out any questionnaire for his business? Mr. Alexy-No. Unknown-Noted he had received a questionnaire regarding his residence in the mail. Requested the Board to contact the Assessor regarding the method that was used in regard to the assessment. Supervisor Brandt-Noted the Board is trying to schedule her to attend the next regular meeting of the Town Board. OPEN FORUM Mr. Bowan-Questioned the amount of money left in the snow removal budget of the Highway Department? Supervisor Brandt-Noted that they are slightly over budget on labor in two categories and under budget in other places. Noted that the truth will be known by December 31st, with the other half of the snow budget. Mr. Martindale-Questioned if it cost $25.00 to go to Grievance Day? It was noted that it cost $25.00 for Small Claims Court. Mr. David Kenny-Spoke to the Board regarding the status of the Water Treatment Plant noting his concerns. Presented to Town Board a copy of a report from an outside engineer for the Town Board to reVIew. Mr. Leon Steves-Questioned his position in the Town. Noting some people use him as a Town Surveyor, but he is not designated as Town Surveyor. Historically since 1949 the firm has been Town Surveyors. For some reason or another a few years ago they weren't by resolution called upon to be Town Surveyors. Supervisor Brandt-To meet with Jim Martin and Mr. Steves to review past contracts and to report back to the Board with suggestions. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 194,93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Audit of Bills appearing on Abstract March 15th, 1993 and numbering 93084000 through 93108900 and totaling $182,985.49 is hereby approved, and BE IT FURTHER RESOLVED, that the following vouchers were pulled from the Audit of Bills; Hill-Pierce Appraisals #93001032, Cole-Layer-Trumble Company #93000841 and #93000906, Parks & Recreation #93000934. Duly adopted this 15th day of March, 1993, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt Noes: None Absent:None Abstain: Councilman Goetz (vendor #00275, Ray Supply), Councilman Caimano (vendor #00127 G.F. Post Star) RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 195,93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss (2) personnel matters, (1) matter concerning the retaining of an expert for litigation. Duly adopted this 15th day of March, 1993 by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk - Queensbury