2008-04-28 SP MTG#18SPECIAL TOWN BOARD MEETING 04-28-2008 MTG#18 1
SPECIAL TOWN BOARD MEETING MTG#18
APRIL 28, 2008 Res #239-241
7:00 P.M.
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
BOARD MEMBERS ABSENT
COUNCILMAN TIM BREWER
TOWN OFFICIALS
CHUCK RICE, SUPERINTENDENT OF BUILDING AND GROUNDS
SUPERVISOR STEC-Opened meeting.
RESOLUTION ENTERING EXECUTIVE SESSION
RESOLUTION NO. 239, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and enters into Executive Session for Zoning Board of Appeals
Alternative Interviews.
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Duly adopted this 28 day of April, 2008, by the following vote:
Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec
Noes: None
Absent:Mr. Brewer
RESOLUTION ADJOURNING EXECUTIVE SESSION
RESOLUTION NO. 240, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Executive Session and enters back into Regular Session.
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Duly adopted this 28 day of April, 2008, by the following vote:
Ayes: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier
Noes: None
Absent:Mr. Brewer
SPECIAL TOWN BOARD MEETING 04-28-2008 MTG#18 2
NO ACTION TAKEN IN EXECUTIVE SESSION
CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT & HILAND
PARK SEWER DISTRICT CONSOLIDATION
WASTEWATER DIRECTOR, MIKE SHAW
Presented graphs of both districts showing what has happened since 1994 and the cost to
the typical user in the districts noting that rates for the Central Queensbury Quaker Road
Sewer District have not been raised in twelve years. By combining these two districts
together you will get the benefit of future costs spread over a wider base and less affects
to the property owners in the two districts. After further discussion it was the decision of
the Board to adjust the rate, but wait two years for the consolidation, until both districts
are debt-free. Board spoke regarding expansion of sewage capacity in the future.
Wastewater Director Shaw noted they will exceed capacity at the Glens Falls Treatment
Plant will be looking for another buy-in. Supervisor Stec-Asked Mr. Shaw to keep on top
of this on how much they will need to buy and when, to come to the board with a
resolution. Councilman Montesi recommended that they may want to do some
engineering work on a feasibility study for the future.
QUEENSBURY SENIOR CITIZENS PROJECTS UPDATE
Representatives from the Queensbury Senior Citizens spoke to board members regarding
future plans, presented power point presentation which included a proposal for a sign
promoting the seniors or any Town function that takes place, which would cost $8,600
board members, noted they may cover half the cost of the project. Superintendent Rice,
spoke regarding his concerns with placement of the sign. Supervisor Stec would like to
move forward with this need to pin down an exact location he will speak with the
Attorney regarding going in with the seniors on the sign. Representative spoke regarding
purchase of a bus for the seniors to be used to drive Queensbury seniors and events
among other destinations. The Federal Grant pays for eighty percent of the upfront cost
the base price for the vehicle is $56,000 the federal funding is $44,000 the local cost is
$11,230. The expected life of the vehicle is five years or a hundred and fifty thousand
miles. After further discussion the board noted their concern with the cost of this and
questioned if drivers would be volunteers or paid and the scheduling of this noting this is
what Greater Glens Falls Transient is for. Asked the representatives to contact other
municipalities regarding this to see how it works, representatives noted they would be
willing to work with the Town.
TUKENDEWIDE
ATTORNEY MICHAEL O’CONNOR
Attorney O’Connor spoke to the board regarding three homeowners within the
Homeowners Association that obtained area variance in November 2006 to expand their
units. The variance was conditioned upon the applicants satisfying the planning board
with the septic, looked at doing a community system for those units. In March 2008
Planning Board approved and gave site plan approval for the community system that was
proposed. The negative declaration was reviewed by the Town Engineer and approved
by the Town Engineer. It also has been given preliminary approval by DEC, which is the
ultimate permitting agency for the community septic system. DEC will not allow
construction until a Transportation Corporation is set up to oversee the operation and
maintenance of the septic system. The law that provides for the setting up for the
Transportation Corporation says that you cannot set it up except with the consent of the
municipality in which it is located in this is why we are here to get the approval of the
board for the Transportation Corporation. Supervisor Stec when we did this last time we
sent this to our engineer to look at it and to the Attorney to prepare resolution. Attorney
O’Connor they need a sign off with Town Engineer, Ryan showing that they have added
two items that he wanted to have added. We put in a couple observation wells to look at
the water and he was concerned about limiting vehicular access to the field. We talked
about fencing, signs and we ended up with a hedge. After further discussion it was the
SPECIAL TOWN BOARD MEETING 04-28-2008 MTG#18 3
recommendation of the Supervisor to get the map signed then submit information to
Town Attorney.
DUNHAM’S BAY RESORT LODGE REZONING
MIKE O’CONNOR, ATTORNEY
- Submitted an application for rezoning on behalf of
the owners of the Dunham’s Bay Resort Lodge. They are proposing a portion of land be
rezoned from rural residential to recreational commercial. Spoke with John Salvador who
would like to have his land included in this rezoning. The original application he
submitted did not include the surrounding lots, therefore submitted a revised copy to the
Board. Noted that he is aware that his application is incomplete but there is a lot of
expense in completing the application but does not want to spend a lot of money with the
surveyors and the engineers and have it be completely wasted without getting the
consensus from the Board first. In reference to the Comprehensive Land Use Plan of
1988 that plan specifically recommended a change of the zoning to accommodate the
existing uses. This is the problem with pre-existing non-conforming operations. I don’t
think there is anybody that thinks that this lodge or resort property is ever going to go
back to residential because the investment is too significant. Councilman Strough
questioned why they are asking for the change? Attorney O’Connor explained that it puts
the property owners at a great commercial disadvantage. For example, if they want to put
an outside deck on they would have to get a use variance. Use variances are very, very
difficult to get. Councilman Strough noted his concerns about rezoning the entire thirteen
acres. He understands that by rezoning the property that the Dunham’s Bay Resort Lodge
is on, would free them to do some of the things that make sense for them to do. He has a
problem expanding it beyond that. Attorney O’Connor explained that part of the reason
for doing this is to correct the mistake that was made in the past. It doesn’t make any
planning sense to rezone the front part and not the back part (Councilman Strough feels
this makes sense). The back part was originally intended to stay fairly undeveloped.
Attorney O’Connor suggested that if they are going to leave the back part as is then they
should make it LC-42 acre. Councilman Strough is willing to go along with that
suggestion. Attorney O’Connor noted that with LC-42 acre campsites are permitted. That
is a logical thing to do. After further discussion it was the decision of the Board to go
ahead with the application to rezone the Dunham’s Bay Resort Lodge property. However,
the Board was not in favor of rezoning more than that, due to the fact that it would open it
up for other uses which many of the neighboring residents are opposed to. Attorney
O’Connor questioned the Town’s regulations on rezoning with regards to the application
and the map required. When he redoes the application he will put in a request for a
waiver. Supervisor Stec noted that he did not feel this is needed to go to the Planning
Board for a recommendation to decide whether or not we want to rezone. He advised him
that if he can get it to the Town Clerk’s Office within the next couple of days he can put
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him on the agenda for the next Regular Town Board Meeting on May 5 to set a public
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hearing for May 19. Attorney O’Conner questioned why Craig Brown took objection to
Paul Getner, Manager of the Dunham’s Bay Resort Lodge, signing the application on
behalf of the owner. Councilman Strough informed him that the corporation can
designate anybody they want. Stuart Baker advised them to submit a letter designating
Mr. Getner as an authorized signatory for the purposes of the rezoning application.
OTHER BUSINESS
:
COUNCILMAN STROUGH-
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Questioned Supervisor Stec regarding a resolution on the Rush Pond project for
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the next Regular Town Board Meeting on Monday, May 5.
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Glens Falls is having their centennial and has suggested the Board put together a
resolution of congratulations.
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On Sunday, May 4 at 1:30pm Councilman Strough, Councilman Montesi and the
Post Star will go for a walk on the Rush Pond Trail. Anyone else interested is
welcome to come along.
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Spoke regarding the Ethics Committee and the interest in beginning the
interviewing process.
SPECIAL TOWN BOARD MEETING 04-28-2008 MTG#18 4
SUPERVISOR STEC-
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Friday is the advertising deadline for the IT Director. We will need to go through
those applications.
COUNCILMAN MONTESI-
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The North Queensbury Fire Department has been in contact with him regarding
establishing a district and would like to get together with the Board to discuss
this.
RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING
RESOLUTION NO. 241, 2008
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its
Special Town Board Meeting.
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Duly adopted this 28 day of April, 2008, by the following vote:
Ayes: Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi
Noes: None
Absent:Mr. Brewer
Respectfully Submitted,
Darleen M. Dougher
Town Clerk
Town of Queensbury