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2008-08-18 MTG. #35 1 TOWN BOARD MEETING 08-18-2008 MTG. #35 TOWN BOARD MEETING MTG. #35 August 18, 2008 RES. 377-400 7:00 p.m. BOH 17-18 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS TOWN COUNSEL BOB HAFNER BUDGET OFFICER BARBARA TIERNEY PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC RESOLUTION CALLING THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 377, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. th Duly adopted this 18 day of August, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 1.0QUEENBURY BOARD OF HEALTH 1.1PUBLIC HEARING ON SANITARY SEWAGE DISPOSAL VARIANCE APPLICATION OF MARILYN G. MATRICCINO NOTICE SHOWN PUBLICATION DATE: 08-08-2008 Supervisor Stec-This public hearing was set a couple of weeks ago and it is for consideration of an absorption field, ninety one feet from the neighboring well instead of a hundred feet, which is in the code. The property is located at #10 Hall Road Extension in the Town of Queensbury. Is there anyone that would like to address this Board of Health Public Hearing? Either the applicant or agent or any other interested parties? Is the applicant’s agent here, or the applicant here? Do you have anything that you would like to add? Does the Board have any questions? Councilman Strough-Yes Supervisor Stec-Sir, if you would come to the microphone and just your name and address please. 2 TOWN BOARD MEETING 08-18-2008 MTG. #35 Mr. Tom Hutchins-I am here on the behalf of Marilyn Matriccino and she is with us tonight. Councilman Strough-My only question, otherwise it looks fine, I am just a little bit worried about parking in that area, it looks like it would be a flat area right off the road, have you made an assurances or have you done anything to assure there would not be any parking over this area? Mr. Hutchins-In the area of the absorption field there won’t be, the topography will limit it because it will be terraced, up from the road. Parking on this area would not be feasible. In the area of, you do make a good point, the driveway as it is shown and as it exists is not shown over the septic tanks. We are probably going to take provisions that the two tanks be capable of supporting a traffic load. I think in the absorption field parking in that area wouldn’t be an issue. Councilman Strough-You are saying there is a little rise from the road that would deter people? Mr. Hutchins-Yes. Councilman Strough-I see it now. Councilman Brewer-Would you mind if that was a stipulation in your approval that it would be a cast cover so that if some chance somebody does park on there it will not harm it? Mr. Hutchins-The tanks? Councilman Brewer-Yes. Mr. Hutchins-No, I would not, we would not object to that. Supervisor Stec-Any other questions from other Board Members? Again the public hearing is open if there is anyone that would like to comment on this public hearing, I would just ask that you raise your hand. Seeing none, I will closed the public hearing. With that stipulation added as condition of approval, I will entertain a motion. RESOLUTION APPROVING MARILYN G. MATRICCINO’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: 17, 2008 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Marilyn G. Matriccino filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install an absorption field 91’ from the neighboring well instead of the required 100’ setback on property located at #10 Hall Road Extension in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance request on Monday, August 18, 2008, and 3 TOWN BOARD MEETING 08-18-2008 MTG. #35 WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variance, the Local Board of Health determines that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant, contingent upon the tanks to be installed to be load-bearing in case of parking in the tank area; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Marilyn G. Matriccino for a variance from the Sewage Disposal Ordinance to install an absorption field 91’ from the neighboring well instead of the required 100’ setback on property located at #10 Hall Road Extension in the Town of Queensbury and bearing Tax Map No.: 289.11-1-18. th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 18, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED , that the Queensbury Board of Health hereby adjourns its meeting and moves back into regular session. th Duly adopted this 18 day of August, 2008 by the following vote: 4 TOWN BOARD MEETING 08-18-2008 MTG. #35 AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 2.0PUBLIC HEARINGS 2.1PUBLIC HEARING-WITHDRAWAL FROM CAPITAL RESERVE FUND FOR PURCHASE OF TELEPHONE SYSTEM NOTICE SHOWN PUBLICATION DATE: August 8, 2008 Supervisor Stec-We had set this public hearing at our last regular Town Board Meeting two weeks ago, our own internal procedures require that any time that we entertain funding something from the capital reserve that we conduct a public hearing that is why we are having the public hearing. I can tell you that our Head IT Person Ryan Lashway is here in case the Board or any members of the public ask any technical questions. The town’s current telephone system is approximately eighteen years old, has been giving us a hard time for the last year or two and repair parts are becoming more and more scarce to get, it is a project that has been on the back burner for about six months or so. Ryan Lashway went thorough and did some research and found some alternatives for us to consider this is off the State contract and the nice thing is that when this is finished is that the Town Hall, the Water Department and the Court will all be linked on the same telephone system It is eighteen years of newer technology but right now there is a great deal of difficulty communicating between those three, it is physically impossible to transfer a call from one to the other. Frankly there has been a few instances in the not too distance past where you dial one extension and you get another. With that said the amount which was the lowest amount that Ryan found and again it was off State Contract and additionally it is with a company that we are already doing business with for our data and internet service, they are the service provider but this would be hardware for the telephone system. Cornerstone Telephone Company and the amount is $49,748.45. With that said I will open the public hearing and if there are any members of the public that would like to comment or ask questions on this public hearing I will just call on you one at a time. Yes, Sir, Mike would you come to the microphone, please. Mr. Michael Siegel-I am a Queensbury Resident I just have one question, with the new system coming in will the public be able to contact the Senior Center through the main system, they cannot do it now? Supervisor Stec-Ryan is nodding his head emphatically yes. Mr. Siegel-Thank you. Supervisor Stec-Thank you Mr. Siegel, is there anyone else that would like to address the Board on this public hearing? Ok, this that said I will close this public hearing and entertain a motion. RESOLUTION AUTHORIZING WITHDRAWAL FROM CAPITAL RESERVE FUND FOR PURCHASE OF TELEPHONE SYSTEM RESOLUTION NO.: 378, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi 5 TOWN BOARD MEETING 08-18-2008 MTG. #35 WHEREAS, the Town of Queensbury’s Technology Coordinator has advised the Town Board that the Town’s current phone system is experiencing ongoing and un- resolvable issues and therefore he has requested Town Board approval for the purchase of an up-to-date replacement phone system, and , WHEREAS the Technology Coordinator requested proposals for the purchase and installation of such telephone system and recommended that the Town Board approve such purchase and installation from CornerStone Telephone Company for an amount of $49,748.45, to be funded from the Capital Reserve Fund, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract pricing, and WHEREAS, the Town Board duly conducted a public hearing concerning the th proposed purchase and installation on Monday, August 18, 2008 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the purchase and installation of a telephone system from CornerStone Telephone Company for an amount not to exceed $49,748.45, to be funded from the Capital Reserve Fund as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to effectuate the following 2008 Budget Amendment: ? Increase Appropriation 001-9950-9128-0064 Interfund Transfer by $49,748.45; ? Increase Revenue 001-0000-55031 Interfund Revenue by $49,748.45; ? Increase Appropriation 001-1680-2001 Misc. Equipment by $49,748.45; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Technology Coordinator to take any and all actions necessary to effectuate all terms of this Resolution. 6 TOWN BOARD MEETING 08-18-2008 MTG. #35 th Duly adopted this 18 day of August, 2008 by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : None 2.2PUBLIC HEARING-ESTABLISHMENT OF EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE PROPERTIES IN TOWN OF QUEENSBURY WHERE TOWN WATER SERVICE CURRENTLY EXISTS BY CONTRACT OR SERVICE NOTICE SHOWN PUBLICATION DATE: August 8, 2008 Supervisor Stec-Again we had set this two weeks ago and any time we want to extend the district it requires a public hearing. Right now, we have about thirty three properties that are receiving water as out of district contract users, predominantly or about to they have not actually tied in yet but there is a handful that is expected to, so we want to include them within the Consolidated Water District. This would change the district boundary lines which is why we are having the public hearing tonight. Is there anyone that would like to comment on this public hearing? All right. Does the Board have any questions before we close the public hearing? All right we will close the public hearing and we do have two resolutions an A and B. PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY) A.DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE FULL EAF. No B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED AGENCY. No ANY C.COULD ACTION RESULT IN ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF LEGIBLE) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal. Potential for erosion, drainage or flooding problems? Explain briefly. NO C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources or community or neighborhood character? Explain briefly. NO C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly. NO 7 TOWN BOARD MEETING 08-18-2008 MTG. #35 C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land, or other natural resources? Explain briefly. NO C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. NO C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly. NO C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly. NO D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? IF YES, EXPLAIN BRIEFLY NO E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN BRIEFLY. NO RESOLUTION ADOPTING DETERMINATION OF NON- SIGNIFICANCE REGARDING EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE PROPERTIES IN TOWN OF QUEENSBURY WHERE TOWN WATER SERVICE CURRENTLY EXISTS BY CONTRACT OR SERVICE RESOLUTION NO.: 379, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve 33 separate, non-adjacent properties currently outside of the Water District, but where Town water service currently exists to such property owners by contract or by service in accordance with New York Town Law Article 12-A, and 8 TOWN BOARD MEETING 08-18-2008 MTG. #35 WHEREAS, no comments have been received from any potentially involved agencies, the New York State Department of Environmental Conservation and the New York State Department of Health, and WHEREAS, the Town’s Water Department has not identified any environmental impacts, and WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action in accordance with the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Town Board, after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE 9 TOWN BOARD MEETING 08-18-2008 MTG. #35 PROPERTIES IN TOWN OF QUEENSBURY WHERE TOWN WATER SERVICE CURRENTLY EXISTS BY CONTRACT OR SERVICE RESOLUTION NO. 380, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve 33 separate, non-adjacent properties currently outside of the Water District, but where Town water service currently exists to such property owners by contract or by service in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by Christopher Harrington, P.E., Civil Engineer in the Town of Queensbury’s Water Department, concerning the proposed Water District Extension, and WHEREAS, water mains and fire hydrants currently exist to serve the additional parcels proposed for inclusion in the District and therefore, no new capital improvements are required to serve any of the parcels proposed for inclusion in the District, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Water District Extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and distribution system capacity, and WHEREAS, an Environmental Assessment Form (EAF) was submitted with the Map, Plan and Report and Part I of the EAF was completed by the Town’s Water Department Civil Engineer, and st WHEREAS, on July 21, 2008, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the proposed Water District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Water District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; (g) that all expenses of the District, including all 10 TOWN BOARD MEETING 08-18-2008 MTG. #35 extensions, shall be a charge against the entire District; and (h) the time and place of a public hearing on the proposed Water District Extension, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the New York State Comptroller’s Office, all as required by law, and WHEREAS, the Town Board held a public hearing and heard all interested persons th concerning the proposed Water District Extension on Monday, August 18, 2008 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Water District Extension in accordance with Town Law Article 12-A and consolidate the Extension with the Queensbury Consolidated Water District in accordance with Town Law §206-a, and WHEREAS, the Town Board has considered the establishment of the proposed Water District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to establish, authorize, and approve the Water District Extension to the existing Queensbury Consolidated Water District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 3. All property and property owners within the Extension are benefited; 4. All benefited property and property owners are included within the limits of the Extension; 5. In accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established, as a charge against the entire area of the District as extended, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes, approves and establishes the Water District Extension to serve 33 separate, non-adjacent properties currently outside of 11 TOWN BOARD MEETING 08-18-2008 MTG. #35 the Water District, but where Town water service currently exists to such property owners by contract or by service, to the Queensbury Consolidated Water District and the Extension is in accordance with the boundaries and descriptions set forth in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided, subject to the adoption of a Final Order by the Queensbury Town Board, and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum pursuant to Article 7 of Town Law and subdivision 3 of Section 209-3 of Town Law and shall not take effect until such time as provided therein. The Town Clerk is hereby authorized and directed to post and publish the notice required for Resolutions subject to permissive referendum, to make available proper forms for a Petition for Referendum and distribute a supply to anyone who requests them and, if no such Petition is filed with 30 days after the date of this Resolution, to file a Certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None 3.0HEARINGS 3.1HEARING ON JOHN JAROSZ’S APPLICATION FOR SECOND VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136-SEWERS AND SEWAGE DISPOSAL Supervisor Stec-This is 920 State Route 9 which is Gambles Bakery and again they have been granted one before they have asked for us to consider a second waiver to delay and as before all of these are paying as though they were connected so there is not a financial issue for the district itself. With that said I am not sure if the applicant or any agent for the applicant is present tonight. All right, this is just a hearing it is not a public hearing no need to receive comments, it just between us unless someone has a burning desire to address this. I will close the hearing. APPROVING RESOLUTION JOHN JAROSZ’S APPLICATION FOR SECOND VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 381, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 12 TOWN BOARD MEETING 08-18-2008 MTG. #35 WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, John Jarosz applied to the Town Board for a second variance/waiver § from Town Code 136-44 to connect the Gambles Bakery property located at 920 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the property has a fully functioning septic system and grease trap, as more fully set forth in the application presented at this meeting, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on Monday, th August 18, 2008, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves John Jarosz’s § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and hereby grants John Jarosz a one-year extension of time th or until August 18, 2009 in which to connect the Gambles Bakery property located at 920 State Route 9, Queensbury (Tax Map No.: 296.17-1-45) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and 13 TOWN BOARD MEETING 08-18-2008 MTG. #35 BE IT FURTHER, RESOLVED , that John Jarosz shall pay all charges due as if its property was ] connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of August, 2008 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 3.2HEARING ON GREAT ESCAPE THEME PARK’S APPLICATION FOR THIRD VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136-SEWERS AND SEWAGE DISPOSAL Supervisor Stec-Likewise this one has been granted before, of course they have a lot more connections to worry about and I know that Mike Shaw has informed us that they are nearing completion but they are not quite complete yet. Councilman Brewer-They are about 95% Mike? Director Shaw-About 90-95% Supervisor Stec-So, they are almost done with their connections and they are continuing to work on that. Their time has run out on their last extension which is why they are asking for this extension. I am not sure if anyone from Great Escape their agent is here to address or answer any questions for the Board? You are? Does the Board have any questions for? Councilman Brewer-Do you expect you will have this done by next year at this time? Representative of Great Escape-It is anticipated, but time will tell. Supervisor Stec-All right any other questions for the applicant? Ok. I will entertain a motion. APPROVING RESOLUTION GREAT ESCAPE THEME PARK’S APPLICATION FOR THIRD VARIANCE/WAIVER REQUEST FROM SANITARY SEWER 14 TOWN BOARD MEETING 08-18-2008 MTG. #35 CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 382, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, the Great Escape Theme Park, LLC (Great Escape) applied to the Local § Board of Health for a third variance/waiver from 136-44, as the Great Escape has requested an extension of time in which to complete the connection of Great Escape owned properties to the Town of Queensbury’s Route 9 Sewer District, as the Great Escape continues to undergo a multi-phased installation of on-site sanitary collection sewers to connect the properties to the Route 9 Sewer District and a majority of the new sewer installation involves routing new sewer collection main around, through and between existing buildings, facilities, buried utilities and sensitive natural features, with such sewering requiring construction in excess of 800± additional feet of collection sewer to connect its remaining facilities, as more fully set th delineated in Jarrett-Martin Engineers, PLLC’s July 18, 2008 letter and application presented at this meeting, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on Monday, th August 18, 2008, NOW, THEREFORE, BE IT RESOLVED, that c) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and d) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and 15 TOWN BOARD MEETING 08-18-2008 MTG. #35 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves the Great Escape Theme Park, LLC’s application for a variance/waiver from Queensbury Town Code Chapter § 136, 136-44 “Connection to sewers required” and hereby grants the Great Escape Theme th Park, LLC a one-year extension of time or until August 18, 2009 in which to connect the Great Escape & Splashwater Kingdom property located at 1172 State Route 9, Queensbury (Tax Map No.: 288.20-1-20) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Great Escape Theme Park, LLC shall pay all charges due as if its property was connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of August, 2008 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 4.0 PRIVILEGE OF THE FLOOR (LIMIT -4 MINUTES) Mr. Pliney Tucker-41 Division Road Res. 5.13 Supervisor Stec-Announced that Resolution Number 5.13 and 5.16 have been pulled. Res. 5.13 centers around authorizing the issuance of serial bonds up to 3.7 million dollars having to do with Main Street, in particular involving underground utilities on Main Street. That was because we needed to move the project forward and there was pending litigation initiated by National Grid three years ago over a town’s local law to require in certain corridors this being one of them that if the utilities needed to be moved in the future that they needed to be undergrounded. That initiated legal action by National Grid and we have been waiting for the court to render a decision and I think there was wisdom in the court taking a 16 TOWN BOARD MEETING 08-18-2008 MTG. #35 little bit of time with this because this morning we received the judge’s decision and the judge has ruled in favor of the Town of Queensbury. We are very pleased with the Court’s ruling today, with that said we do not see the need to worry about acting tonight on our resolution to authorize the issuance of bonds. Councilman Brewer-If this is appealed does this cut into our time line for the need to pay for this up front? Town Counsel Hafner-We will analyze this. Councilman Montesi-We will be continuing with the land acquisition. Councilman Brewer-If we have to bond the money will we have time? Supervisor Stec-Yes. Mr. Tucker-Are there any guarantee’s from Warren County that this thing is going to go right away? Supervisor Stec-It is going to go, they are spending money on it, the litigation has been the hold up. Mr. Richard Linke-214 Gurney Lane It appears that Queensbury still doesn’t have an Ethics Board is that correct? Supervisor Stec-We do not have an Ethics Board. Mr. Linke-It looks unethical not to have an Ethic’s committee it looks as if the Board or the Town Government has something to hide. Please get an Ethic’s Board in place for the Town’s good that is what the community wants. Re: Code for Professional Office The public wants to see a distinguishing document about what really is an office building and what is an professional building. The community is looking for intelligent leadership in this matter, clarification, and reform. There is a problem with the PO Zoning we have seen what that problem can do, all because there is not clear language in the code. I think we need more zoning details, and more clarification. Councilman Strough-Announced that he is bringing from the floor a resolution that offers our current definition of Professional Office and offers a potential definition for Commercial Office. It is asking that we send it to the Planning Board for their advisement. Dr. Mark Hoffman-Fox Hollow Lane-1. Zoning Process try to be as transparent as possible, when the PORC was working on this every meeting was an open meeting with public comment. Every proposed change was red lined so everyone knew what was being taken out and added, it was posted on the town’s web site. Noted he attended a workshop a week ago and observed that many people even on the Town Board did not know what was being changed, why it was being changed, where the changes came from, I think we need work on making this a transparent process. Two issues : mixed uses on Quaker and Route 9 I think the final version of the Comprehensive Land Use Plan did take out the terms mixed use on those two corridors. I think the idea of having mixed uses especially in the current situation where we are having gas shortages and environmental issues the idea of having people’s residences closer to where they shop and work is a good one the problem was the way it was proposed by Saratoga Associates was really not sufficient to make it into a manageable or livable type of a situation that would work for the Town of Queensbury. I think we could design it so some kind of mixed use would be feasible along the corridors. There is another issue we do not want residential to take over commercial since commercial is so important to the economy of the Town. Regarding the Professional zones especially Bay Road I think there has been discussions regarding set backs they are important especially to residences you do not want them subjected to massive traffic impacts. If there is a real concern, residential is going to overwhelm the Professional and Commercial that we should look at setting some sort of percentage. If you want to develop such and such property x percent I would say 70% in a Professional Office should be Professional Office or you could do it on square footage or total property area. Lastly design guidelines are very important I support the idea these should be 17 TOWN BOARD MEETING 08-18-2008 MTG. #35 low impact corridors that appear to be residential, minimal traffic impacts, they should not have large spaces occupied by large numbers of employees that are constantly coming and going. Ms. Kathleen Sonnabend-Cedar Court Agreed with Dr. Hoffman re: Bay Road that is a Professional Office Corridor and my understanding that was developed to be a transition from the more commercial type of development on Quaker Road and the residential properties that are around us. Most of the road is developed according to the current zoning, requiring a 1000’ set back for residential property. I am hearing that there is being some re-writing behind the scenes to remove that set back and that concerns me. If Professional Office allows residential in that area and you do not have a set back we are going to be getting developers and landowners like Michael O’Connor who want to have huge apartment complexes and not have any Professional Offices at all. Most of Bay Road has been developed the only areas not developed is his property, the Marshals if they choose to sell their home eventually, the rest of the land is mostly wetlands or College property which isn’t going to be developed according to Professional Office anyway. If we get rid of the set back which the community supports having a set back like that it looks like a special favor is being done to a special interest. If we go with the 70% Professional Office use that sounds like it would probably work too. We do not want a situation where most or all of the property ends up being residential it is bad for our tax base. We are running out of developable property in this Town we want to be able to have the space for good jobs if the Nano Park works out we do not want a lot more residential which is going to be bad for our tax base, we need the right balance. Mr. John Salvador-North Queensbury resident Re: Assessment Grievance Settlement concerned around terms and conditions of the settlement. Spoke to the Board regarding his investigation of assessment grievance settlements; if this Board refuses to repeal your th resolution No. 374 of 2008 dated August 4 I shall contact the State Board of Equalization and Assessment with an inquiry as to the appropriateness of our Assessor’s action. Passed out to the Town Board Opinions of Counsel Volume 5: Opinions of Counsel SBEA No. 23. Mr. Michael Seagle- Waverly Place RE: Comprehensive Town Plan requirement setbacks for townhouses, Waverly Home Owners Association have discussed the Town Plan and it seems that they all feel that apartment houses coming into this particular area will over crowd with traffic, over crowd with population, will over crowd our schools will cost us more money for the schools for sewerage for everything that the municipality has to provide for large housing corridors, therefore I am speaking for those that I spoke to in the Waverly Home Owners Association they would love to see the Comprehensive Plan continue the way it is, it is doing a great job, we would really not like to see large apartment houses built. Thank you. Ms. Darlene Kosinski-150 Aviation Road I think the differences between Professional and Commercial Buildings needs to be addressed and looked at. Commercial Building in a residential neighborhood simply does not fit. The issues are lighting, building size and traffic. The traffic would be in big bursts and our narrow residential roads just cannot handle it. Professional Buildings would blend into the neighborhood, the lighting would be the same as a residential home, it would not have huge bursts of traffic, traffic would flow throughout the day, also you would have shared driveways instead of a big paved parking lot. An example of a nicely developed Professional Building would be the Evergreen Offices near Sokols, this is what we the people of our community want and I think the Planning Board needs to address the importance of these zoning issues, after all we are the ones paying the high taxes. Thank you. Mr. Doug Auer-1. When the re-val was done in 2005 did the town follow guidelines established by the Office of Real Property Services? Specifically the requirements that the assessments fall within a standard deviation range, that is established through a formula this algorithm as I called it by looking at comparable property in a neighborhood proximity. Do you know what this value was? Councilman Brewer- We are not assessor’s Doug. Supervisor Stec-That was three years ago, you are asking for a statistic. Councilman Brewer-You are asking us for something that we have no expertise in. 18 TOWN BOARD MEETING 08-18-2008 MTG. #35 Mr. Auer-The answer is you do not know. When the crank was turned on this basically it is a computer program, they put the data in based on the number of bedrooms, square foot whatever, standard data base stuff, when that was turned and the assessment values were established were any of the assessment to your knowledge subject to further scrutiny or refinements, specifically lake front property owners? Councilman Metivier-After all the assessments were done you had a three week period where you could set up an appointment, go down to the CNA building down town and meet with somebody you had to go on your time, you could present your case to them if they found any errors they would re-adjust the assessment . Mr. Auer-That is not what I am saying, Tony, what I am saying is when the crank was turned Councilman Metivier-What do you mean by crank? Mr. Auer-When the analysis was done, it was a key stroke on the computer, they put the data in they hit run and it spits the assessments out. Councilman Metivier-Correct and I am explaining to you after the crank was turned you could go downtown and argue your case. Mr. Auer-Ok, no, that is not my question, Tony, my question is when these values then came up when they were printed out was there any scrutiny and re-adjustment of those values? Councilman Brewer-In otherwords did somebody go back and look at a few of these houses just to make sure things were true. I presume so,yes. Supervisor Stec-That would be a question for the Assessor. The person that would have done that would have been the assessor. Councilman Metivier-But they also applied to what you assessment was based on what it was so if you found problems in your assessment you could investigate. Mr. Auer-But that is after the fact. Councilman Metivier-But it is really not. Mr. Auer-Yea, it is because I am speaking specifically for what the Town is doing because it is a re-val they get the data, they do something with it. Re: Law suit settlement Why would you settle with only some of those bringing the action? Supervisor Stec-I am sure that the advice of Counsel would be that we are not going to discuss what is continuing litigation, it is not in the interests of the taxpayers. Mr. Auer-There was a comment, Tony did comment about this, he said that if the intention was to remove the costly continuation of litigation which he did say why would you settle with some of the people. Because the reality is if this continues you have solved nothing, these people are going to be back and possibly even more visceral about this. I had asked the question was Lake George School District on board with this? Supervisor Stec-Yes. Mr. Auer-I talked to an official up at Lake George, they said no. Supervisor Stec-Our Counsel talked to us and told us that, that was the case. Mr. Auer-Bob does not look too happy with that answer. Town Counsel Hafner-I wasn’t the person who did it, I will be glad to check into that and report back to the Town Board. 19 TOWN BOARD MEETING 08-18-2008 MTG. #35 Mr. Auer-I think the four minutes that we have is illegal I think it is a breach of our first amendment rights and again gentlemen you pledge allegiance to the flag a symbol of the republic. Councilman Metivier-I read a blog the other day that you wrote Mr. Auer-That is correct, I think it is criminal what you have done. Councilman Metivier-criminal, socialist criminal do Mr. Auer-Yes Supervisor Stec-You wrote that? Mr. Auer-Yea I did, I put my name down I have no compunctions about putting my name. Councilman Metivier-What about this follow the money trail? Can you explain to me what you mean by follow the money trail? Mr. Auer-Follow the money, I think that is something that we have come to understand that it means that when one is speaking to moneyed interests they have great sway. Ok. That is what we are talking about. Councilman Montesi-So, you do not have an answer a specific answer. Mr. Auer-I will have an answer at another time. I will bring specificity Councilman Montesi-Something specific, not generality a specific thing. Mr. Auer-Oh yea, I will bring specificity. Councilman Montesi-Ok. Good. Mr. Auer-I think you know Ron, I am well enough, I am not going to go away. Councilman Montesi-I know that you are a very mean spirited person. Mr. Auer-No, no, no that is not mean spirited. Councilman Montesi-Call me a socialist Mr. Auer-Don’t confuse my passion, for quality government. Councilman Montesi-You are done, sit down. Mr. Auer-Next time I am here I will bring the letter of resignation that you tendered in 1997 because you were fed up with Town Government,. Thank you. Councilman Metivier-I want the record to reflect and make sure you put this down that he admitted to that blog dated August 6, 2008. Mr. Paul Naylor-Division Road All I would like to say is one thing I have lived here for seventy two years and I have never tried to keep anybody up, I like kids and I like families and I do not like this stuff. We had a very good town for a hundred years now and it has been going good so as far as I am concerned FC Dobbs as old Humphrey Bogart used to say, let them come. Mr. David Bruno-RE: Rezoning Why have we spent so much money to have professional do a rezoning plan, spent so much of the town’s time, valuable time of the people on the committee to look at the rezoning, valuable time from the town’s people that participated in the public discussion and now it seems that we are throwing these valuable individual ideas and effort out the door and re-writing the zoning on our own terms. Time and again it was 20 TOWN BOARD MEETING 08-18-2008 MTG. #35 asked how long this was going to take to be completed Dan, how long this was going to take to be completed, and it was put off, then we find out it was not being put off, it was just being done in private shall we say and now we have come to a point where you have got something that you are trying to push through I believe you said you wanted it, looking for an October adoption. Supervisor Stec-Until last Monday night I would have said that was achievable. Mr. Bruno-So we are not looking for October anymore? Supervisor Stec-Not at the pas we were going last Monday night. Councilman Strough-Not with me around, I guess. Councilman Montesi-Dan asked me to serve on a committee with the two enforcement guys that have to enforce the zoning. We sat through five months weekly during the day when they were here, why did Dan pick me, I had done this twice before on the Town Board, Comprehensive Plans and I am retired, I had the flexibility of being here with the staff. We sat through that and we asked the principal question was not to change what the professionals or PORC had done but how enforceable is this. Is there come change in words that we need to do, is there an situation you have encountered before and that in essence was what we did. To make a point when you talk about re-writing it my friend here John Strough came in with fifty five pages of changes. Mr. Bruno-Did you read any of it before hand was it handed out before hand for your pleasure to read? Yes or no Councilman Montesi-Yes. What does that mean? You are not being fair, you said we changed things do you think fifty five pages of changes is going against. Supervisor Stec-A hundred and fifty five and that was just the Comp Plan. Councilman Montesi-If you do not know what you are talking about don’t come up here and make a presentation. Mr. Bruno-Don’t tell me that you are not wasting the taxpayers money by sitting on this and then redoing at your own leisure. Supervisor Stec-I think is it very fair to say that in the last couple of weeks we found out who was doing some re-writing of the code, Ron and I are working off of what was provide to us by the PORC we were not writing off new language. Mr. Bruno-You have got people on the Town Board that sat in that meeting last weeks and did not even know what the PORC committee had discussed. We are trying to address issues that you were bring up about the rezoning. When I was sitting two feet in back of you Dan and you comment that the Planning Board creates your own problems, in this situation when we are trying to make clear guidelines so that builders and the Planning Board can come before the Town lay out their plans and move quickly through you still seem to wish to stand in the way of easing the burden on both the builder and the Planning Board by refusing to identify the difference between a Professional Office and a Commercial Office. Your lack of desire to go along with what the Town has set forth as their desires in building in this town and developing this town we have a huge opportunity in this town for economic development, it can be squandered. Supervisor Stec-Some of us are working very hard on that. My concerns about the Planning Board and the hiccup right now that they have with their litigation has nothing to do with a lack of clarity in the current zoning code. Mr. Bruno-I think it does. Supervisor Stec-I disagree and I am from a position where I know what is going on around here. 21 TOWN BOARD MEETING 08-18-2008 MTG. #35 Mr. Bruno-Obviously you are telling me that you are a smarter man than I am. Supervisor Stec-I am not saying that, I am saying that I am in a position where I am more familiar with these subjects than you are. Mr. Bruno-Exactly what does that mean, does that mean you are making decisions Supervisor Stec-It means that we are in the middle of litigation and that the less that we say about it the better. Mr. Bruno-I am not talking directly to any litigated Supervisor Stec-You referred to the litigation that we have right now. Mr. Bruno-No,I haven’t. I have not said a word. Supervisor Stec-I think you did. Is there anything else. I am sorry I mis-spoke you said that I made some sort of reference to the Planning Board’s problems. Mr. Bruno-You seem to misspeak quite often. Councilman Strough-My name was mentioned and my hundred and fifty five pages of work that I have been working on and trying to plan this community. Three years ago this board the public we all realized even the attorneys for some of the developers all realized that there was problems with professional office and so I along with actually one of the attorneys for one of the developers helped develop this particular document which is, it is twenty one pages and it addresses many of the issues that were abounding in this community at that time. Now, this is two years old. This Board has not dealt with this topic I think they need to deal with this topic. Councilman Brewer-Nor did the last Board Supervisor Stec-Nor did the last Board, John. Councilman Montesi-Nor did PORC Councilman Strough-Nor did PORC that you sat on John. Councilman Brewer-Nor did the Planning Board…what does that tell you. Supervisor Stec-It has been a two year process Warren County Supervisor David Strainer-I know you were over here at Meadowbrook and you’re trying to come up with a walking trail and John is trying to create a walking trail and I think both are great, I think it is definitely something the community could support. The only thing that bothered me, if the Town is basically sponsoring putting the trail in doesn’t it have to be handicapped accessible? Councilman Montesi-An individual representing handicapped individuals will be walking the proposed trail this Wednesday morning. Town Counsel Bob Hafner-1. There was a claim about whether or not Lake George School signed off on the Article 7’s it typically is the process that they have to sign off, I know that is the requirement if we are giving refunds, this particular deal did not give refunds so I do not know. I will confirm whether or not we spoke with them, we might not have for that reason. We usually keep them informed because it impacts them more than any other taxpayer. I will report on that. 2. There were certain comments made by one person about that lawsuit being settlement for too long, and we do lots of these types of litigations we have lots of these stipulations approved by Court, what you approved was a stipulation for the Court then to approve, it is not effective until the Court approves it and the Court is the party that makes it a 22 TOWN BOARD MEETING 08-18-2008 MTG. #35 valid binding thing on both parties. It is my recollection that there were no refunds, it was specifically done to be prospective with no refunds of money. 4.0 RESOLUTIONS RESOLUTION SETTING HEARING ON GLENS FALLS KNIGHTS OF COLUMBUS’ APPLICATION FOR THIRD VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING ITS PROPERTY LOCATED AT 989 STATE ROUTE 9 RESOLUTION NO.: 383, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, the Glens Falls Knights of Columbus has submitted its third application § to the Town Board for a third variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect its property located at 989 State Route 9 to the Town of Queensbury’s Route 9 Sewer District, as the Applicant states that there is a financial impact to connect and the current septic system is very adequate and functioning properly, as more fully set forth in the application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th September 8, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Glens Falls Knights of Columbus’ sewer connection variance/waiver application concerning its property located at 989 State Route 9, Queensbury (Tax Map No.: 296.13-1-22), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. 23 TOWN BOARD MEETING 08-18-2008 MTG. #35 th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None Discussion held before vote: Councilman Brewer-Director Shaw would you ask them if they expect that they will hook up at sometime in the near future. RESOLUTION SETTING PUBLIC HEARING ON CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2009 RESOLUTION NO. 384, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2009 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on nd Monday, September 22, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2009 Central Queensbury Quaker Road Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None 24 TOWN BOARD MEETING 08-18-2008 MTG. #35 RESOLUTION SETTING PUBLIC HEARING ON ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2009 RESOLUTION NO. 385, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Route 9 Sewer District Benefit Tax Roll for 2009 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on nd Monday, September 22, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2009 Route 9 Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2009 RESOLUTION NO. 386.2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2009 as presented at this meeting, NOW, THEREFORE, BE IT 25 TOWN BOARD MEETING 08-18-2008 MTG. #35 RESOLVED, that the Queensbury Town Board shall hold a public hearing on nd Monday, September 22, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2009 South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR ASPHALT ROLLER AT TOWN WATER DEPARTMENT RESOLUTION NO.: 387, 2008 INTRODUCED BY: Mr. Anthony Metivier SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury Water Superintendent wishes to advertise for bids for an Asphalt Roller, as will be more clearly specified in bid specifications to be prepared by the Water Superintendent and/or Town Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for an Asphalt Roller in the official newspaper for the Town of Queensbury, and BE IT FURTHER, 26 TOWN BOARD MEETING 08-18-2008 MTG. #35 RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, 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. th Duly adopted this 18day of August, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ESTABLISHING WARREN COUNTY OCCUPANCY TAX FUND #50 FOR PURPOSE OF ACCOUNTING FOR OCCUPANCY TAX REVENUES AND EXPENDITURES RESOLUTION NO.: 388, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 484,2004, the Warren County Board of Supervisors established the Occupancy Tax Program (Program), which Program provides for the distribution of monies collected through occupancy tax charged on accommodations in order to allow municipalities within its boundaries to use such funds for the promotion of area tourism, and WHEREAS, by Resolution No.: 375,2004, the Queensbury Town Board authorized a Local Tourism Promotion and Convention Development Agreement (Agreement) between the Town and Warren County, which such Agreement provided specifically for the use of such funds, and WHEREAS, since 2004, the Town Board has adopted annual Resolutions providing for such Program and Agreement, and WHEREAS, the Town Board wishes to establish a separate fund for the purpose of accounting for the occupancy tax revenues and expenditures, which shall be known as the Warren County Occupancy Tax Fund #50, NOW THEREFORE, BE IT 27 TOWN BOARD MEETING 08-18-2008 MTG. #35 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to establish the Warren County Occupancy Tax Fund #50 in the Town of Queensbury’s accounting system, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Accounting Department to establish a separate bank account with Glens Falls National Bank, the Town’s official bank, for such funds, transfer any unexpended balances (exact amount to be determined by the Town Accountant) from the General Fund account to such bank account, and deposit any occupancy tax monies received in the future to such account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to make any necessary adjustments to the Town’s financial records and accounting system to reflect the establishment of such new Fund, and the Town Supervisor and/or Town Budget Officer to take any further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of August, 2008 by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION REQUESTING AND AUTHORIZING WARREN COUNTY TO RETAIN SALES TAX REVENUES AND OFFSET PROPERTY TAXES RESOLUTION NO.: 389, 2008 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY : Mr. Tim Brewer 28 TOWN BOARD MEETING 08-18-2008 MTG. #35 WHEREAS, Warren County receives sales tax revenues resulting from sales transactions taking place within the County and a substantial portion of such transactions occur within the Town of Queensbury, and WHEREAS, portions of the Warren County sales tax revenues are annually allocated and paid to the municipalities of Warren County, and WHEREAS, the Queensbury Town Board has lowered Town residents’ County tax in the years 2004, 2005, 2006, 2007 and 2008 by authorizing Warren County to withhold sales tax revenue, and WHEREAS, the Town Board would like to again authorize sales tax to be withheld by Warren County which would be applied to reduce 2009 Warren County property taxes, and WHEREAS, the Town Board has determined that the current total fund balance again exceeds the reasonable amount needed for revenue stabilization, cash flow, contingencies, and contemplated capital projects, and the Town Board wishes to again undertake a reduction of county taxes on Queensbury property, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes Warren County to retain $2,000,000 of Warren County sales tax revenues allocated to the Town of Queensbury in 2009 and apply such revenues to reduce the annual County property taxes on real property in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board requests that Warren County evenly redistribute the annual amount(s) to be retained, thereby retaining the Town’s sales tax rebate on a quarterly basis, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to file a certified copy of this Resolution with Warren County’s Chief Fiscal Officer by st mailing such Resolution by registered or certified mail before September 1, 2008 in order to take effect for the calendar year 2009, and BE IT FURTHER, 29 TOWN BOARD MEETING 08-18-2008 MTG. #35 RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Supervisor and/or Town Budget Officer to provide any other required documentation st to Warren County prior to September 1, 2008 and take any and all other action necessary to effectuate all terms of this Resolution. th Duly adopted this 18 day of August, 2008, by the following vote: AYES : M r. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-This will bring the grand total of sales tax rebates under my time as Town Supervisor to 9.5 million dollars. This is my favorite resolution of the year when we get to return taxpayers money to the taxpayers. Thank Budget Officer Barbara Tierney for her assistance. RESOLUTION AUTHORIZING AGREEMENT BETWEEN MMA CONSULTING GROUP, INC. AND TOWN OF QUEENSBURY RESOLUTION NO.: 390, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 305.95, the Queensbury Town Board engaged the consulting services of MMA Consulting Group, Inc. in connection with the Town's fire protection needs, and WHEREAS, the Town Board has again determined it appropriate to engage the services of MMA Consulting Group, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes an Agreement between the Town of Queensbury and MMA Consulting Group, Inc., in form acceptable to the Town Supervisor and Town Counsel for an amount not to exceed $32,600, and authorizes and directs the Town Supervisor to execute such Agreement, and BE IT FURTHER, 30 TOWN BOARD MEETING 08-18-2008 MTG. #35 RESOLVED, that the services to be provided by MMA Consulting Group, Inc., shall be paid for from Account No.: 005-3410-4400-4980 - Misc. Contractual, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves, authorizes and directs that the 2008 Budget be amended by authorizing a $32,600 increase in the Miscellaneous Contractual Budget to be transferred from Fund Balance, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to transfer funds and amend the 2008 Town Budget accordingly and take such other and further action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION TO AMEND 2008 BUDGET RESOLUTION NO.: 391, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2008 Town Budget as follows: 31 TOWN BOARD MEETING 08-18-2008 MTG. #35 From To CodeAppropriationCodeAppropriation$ 001-3620-4090Bldg&Codes Training001-3410-4100Fire Marshal Vehicle R&M1,000 001-3510-4760Vet Services001-3410-4100Fire Marshal Vehicle R&M300 001-1640-2020Vehicles001-3410-4410Fuel500 001-8020-1010Planning Salaries001-3410-4030Postage100 001-8020-1010Planning Salaries001-3410-4100Fire Marshal Vehicle R&M1,060 004-5130-4200Insurance004-5140-4090Tree Trimming5,000 040-8320-2899Water Capital Construction040-8340-4410Fuel for Vehicles18,000 040-8320-2899Water Capital Construction040-8310-4190Admin Refunds8,000 133-8510-2899Construction - Sign Project133-9950-9030Interfund Transfer4000 167-0000-55031Interfund Revenue167-1620-2899Capital Construction *4000 *Increase in Revenue and Expense in 167 due to interfund transfer from Fund 133 th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON CHANGE OF ZONE FOR PROPERTY OWNED BY FRANK AND JIM, INC. FROM MIXED USE (MU) TO LIGHT INDUSTRIAL (LI) RESOLUTION NO.: 392, 2008 INTRODUCED BY : Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board is considering a request by Frank and Jim, Inc., to amend the Town Zoning Ordinance and Map to rezone a portion of its property bearing Tax Map No.: 304.17-1-32 and located at 67 Boulevard, Queensbury from Mixed Use (MU) to Light Industrial (LI), 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, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on nd Monday, September 22, 2008 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 a portion of the property bearing Tax Map No: 304.17-1-32 owned by Frank and Jim, Inc., and located at 67 Boulevard, Queensbury would be rezoned from Mixed Use (MU) to Light Industrial (LI), and 32 TOWN BOARD MEETING 08-18-2008 MTG. #35 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 a 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 directs the Community Development Department to forward the petition to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M, 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. th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF AUGUST 18, 2008 RESOLUTION NO.: 393, 2008 33 TOWN BOARD MEETING 08-18-2008 MTG. #35 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of August 14, 2008 and a payment date of August th 19, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of August 14, 2008 and payment date of August 19, 2008 totaling $1,099,945.07, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ONEIDA COMMUNITY CHURCH TO USE TOWN PROPERTY RESOLUTION NO.: 394, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Oneida Community Church (Church) has requested permission to use the back lot at the Town-owned property located at the former Bay Ridge Firehouse, 195 th Sunnyside Road, to host an overnight sleeping event on Friday, August 29, 2008, and 34 TOWN BOARD MEETING 08-18-2008 MTG. #35 WHEREAS, the Church will provide a certificate of liability insurance naming the Town as an additional insured party, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Oneida Community Church to use the back lot at the Town-owned property located at the former Bay Ridge Firehouse, 195 Sunnyside Road, to host an overnight sleeping event on Friday, August th 29, 2008, contingent upon the Town receiving a certificate of liability insurance in form satisfactory to the Town Budget Officer prior to entering on such property for such event, and BE IT FURTHER, RESOLVED, that the Town Board further directs that the Oneida Community Church shall have the responsibility to clean and/or repair the site to the satisfaction of the Town’s Facilities Manager after the event. th Duly adopted this 18 day of August, 2008 by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT : Mr. Brewer RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $1,000,000 IN SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY THE COST OF ACQUISITION OF INTERESTS IN REAL PROPERTY NEEDED FOR MAIN STREET IMPROVEMENTS; AND AUTHORIZING THE ISSUANCE OF UP TO $1,000,000 IN BOND ANTICIPATION NOTES OF THE TOWN OF QUEENSBURY FOR THE SAME PURPOSE RESOLUTION NO.:395, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS , the Queensbury Town Board has determined that it is in the best interests of the Town to place public and private utilities below ground and to place ancillary utility facilities above ground along County Route 28 from west of the intersection with Big Bay Road to the intersection with Hudson Avenue in the City of Glens Falls, and to acquire easements over certain properties along County Route 28 in connection therewith; 35 TOWN BOARD MEETING 08-18-2008 MTG. #35 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is the acquisition by condemnation, purchase or otherwise of permanent easements needed for placement of public and private utilities below ground and ancillary utility facilities above ground concurrently with a Warren County public project (PIN 1753.80) to reconstruct and widen approximately 2.9 kilometers of County Route 28 (also known as Corinth Road, Main Street and/or Broad Street), and further including related preliminary and incidental costs (the "Project"), and such specific object or purpose is hereby authorized at a maximum estimated cost of One Million Dollars ($1,000,000.00). Section 2. The plan for the financing of such maximum estimated cost is issuance of up to One Million Dollars ($1,000,000.00) in serial bonds or bond anticipation notes of the Town, hereby authorized to be issued pursuant to the Local Finance Law. The proceeds of the bonds or bond anticipation notes may be used to reimburse expenditures paid by the Town from other funds or otherwise on or after the date of adoption of this Bond Resolution. Pursuant to Local Finance Law Section 107.00(d)(9), no down payment from current funds is required. Section 3. The Town Board hereby determines that it is in the public interest to acquire and construct the Project. Section 4. It is hereby determined that the period of probable usefulness of the specific object or purpose is thirty (30) years, pursuant to Subdivision 21 of paragraph (a) of Section 11 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five (5) years. Section 5. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be levied on all the taxable real property of the Town a fee sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 6. For the purpose of paying the cost of the Project, including related preliminary and incidental costs, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of $1,000,000, the maximum maturity of which shall not exceed the thirty (30) year period of probable usefulness set forth above, and which shall mature on or before the date of the expiration of the period of probable usefulness as measured from the date of the bonds or from the date of the first bond anticipation note 36 TOWN BOARD MEETING 08-18-2008 MTG. #35 issued in anticipation of the sale of such bonds, whichever date is earlier. The bonds may be issued in the form of a statutory installment bond. Section 7. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $1,000,000 maximum amount of serial bonds authorized to be issued, in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 8. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Section 23.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 9. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds. Neither are the bond anticipation notes hereby authorized renewal notes. These bond anticipation notes will not be issued in anticipation of bonds for an assessable improvement. These notes shall mature at such time as the Town may determine and may be renewed from time to time, provided that in no event shall such notes or renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 10. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds and bond anticipation notes issued pursuant to this Resolution by manual signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the serial bonds or bond anticipation notes and to attest such seal by manual signature. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 11. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer, provided, however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance Law. 37 TOWN BOARD MEETING 08-18-2008 MTG. #35 Section 12. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law including, but not limited to, the provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate to be borne by such bonds and/or notes. The Town Board authorizes the Chief Fiscal Officer to establish substantiallylevel or declining annual debt service for the repayment of such Bonds if he believes it is in the best interests of the Town. Section 13 . The bonds and/or notes may be sold at public or private sale in accordance with the provisions of the Local Finance Law. If the bonds and/or notes are to be sold at public sale, the Chief Fiscal Officer is hereby authorized to engage the services of Fiscal Advisors and Marketing, Inc., or other qualified fiscal advisor to assist the Town in matters relating to such public sale. Section 14. If issued, the notes shall be in registered form, and shall bear interest at the determined rate. Section 15. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law, and the power to invest the proceeds of sale is hereby delegated to the Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 16. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended (the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 17. The Town of Queensbury is a town partially within the Adirondack Park. However, State lands subject to taxation within the Town's boundaries are assessed at less than thirty percent (30%) of the total taxable assessed valuation of the Town, so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 18. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 19. This Resolution is subject to permissive referendum pursuant to Article 7 of Town Law and Section 35 of Local Finance Law, and shall not take effect until such time as provided. The Town Clerk is hereby authorized and directed to post and publish the notice required for Resolutions subject to permissive referendum. 38 TOWN BOARD MEETING 08-18-2008 MTG. #35 Section 20. The validity of these serial bonds and bond anticipation notes may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (2) The provisions of law which should be complied with at the date of publication of this Resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 21. The full text of this Resolution or a summary thereof shall be published in the Glens Falls Post Star, which has been designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 22. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH SWEET BASIL’S RESTAURANT RESOLUTION NO.: 396, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Mamaroneck Pizza Connection II, Inc., owns and operates the Sweet 39 TOWN BOARD MEETING 08-18-2008 MTG. #35 Basil’s Restaurant (Sweet Basil) located at 1012 Route 9, Queensbury, New York, and WHEREAS, Sweet Basil has applied for a renewal of its liquor license, and WHEREAS, Sweet Basil has requested that the Town of Queensbury waive the 30- day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the renewal of Sweet Basil’s liquor license, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before Sweet Basil’s liquor license is renewed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the liquor license that is issued to Mamaroneck Pizza Connection II, Inc., - Sweet Basil’s Restaurant is renewed and that the Town Board has no objection to such license being renewed, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of August, 2008 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION REFERRING THE BELOW PROPOSAL, AMENDING OF ZONING LAW TO AMEND DEFINITIONS AND ALLOWED USES, TO THE TOWN’S PLANNNING BOARD FOR ADVISEMENT AND RECOMMENDATION INTRODUCED BY JOHN STROUGH MOTION NOT CARRIED DUE TO LACK OF SECOND ( SEE COMMENTS AT END OF PROPOSED RESOLUTION) WHEREAS, our current zoning does not address or define Commercial Office uses; no definition of Commercial Office uses exists in Chapter 179 Zoning, Article 2, Definitions, 179-2-010, Definitions and Word Usage, (SEE ATTACHED APPENDIX A) 40 TOWN BOARD MEETING 08-18-2008 MTG. #35 and WHEREAS, as widely recognized by town and community, our current Professional Office zone, which is currently described and defined as: PROFESSIONAL OFFICE P0. The P0 District encompasses areas where professional offices are encouraged. These are located along arterials adjoining residential areas where compatibility with residential uses is important. The Town desires to see development of high-quality offices where structures and facilities are constructed with particular attention to detail, including but not limited to architecture, lighting, landscaping, signs, streetscape, public amenities, and pedestrian connections. The P0 District can function as a transition zone protecting residential zones from more intensive commercial uses, while providing convenient professional services to residential neighborhoods. Office and residential facilities should be sited and built to demonstrate compatibility with adjoining uses and to minimize any negative impacts on adjoining land uses. It is the intent of the P0 District to locate residential uses set back a minimum of 1,000 feet from roadways, as outlined in the dimensional tables, and behind professional offices. It is further the intent to locate all nonresidential uses only within 1,000 feet or roadways (Article 3, Zoning Maps and Zoning Districts, 179-3-040, page 17943), and WHEREAS, through recent practice and history, it has come to the town’s attention that our current Professional Office zone definition may not be suitable for a Commercial Office, because, as widely recognized by town and community, Commercial Office uses are generally more commercial and intensive in nature and impact, do not provide professional services to residential neighborhoods, and are not compatible with adjoining residential uses, and WHEREAS, the Town Board wishes to attend to this deficiency in its current zoning, and WHEREAS, the Town Board wishes to consider amending Chapter 179 Zoning, Article 2, Definitions, 179-2-010, Definitions and Word Usage, and has drafted the following Commercial Office definition: Commercial Office: A building or building complex that is used primarily as an administrative facility. However, other uses such as research and development may also be considered representative uses. The building styles are typically characterized by larger, multi-storied buildings and usually appear more commercial than residential. It may include full ancillary uses such as, but not limited to a bank, restaurant/coffee shop, health club, printing shop, etc. The offering of professional services may be non-existent or secondary. Commercial offices need to be located in commercial or industrial zones that assure their compatibility with adjacent uses and are serviced by appropriate infrastructure and transportation systems. Commercial offices, often staffed with several hundred employees, should ideally be located in arenas that offer, or could offer, commercial amenities, like breaktime-walkable easy-access cafes, restaurants, mail boxes, etc. — a synergistic economic arrangement that is good for the commercial office workers and good for the community, and 41 TOWN BOARD MEETING 08-18-2008 MTG. #35 WHEREAS, the Town Board is considering including Commercial Office use in its Allowed Use Tables, and WHEREAS, the Town Board is considering Commercial Office use as an allowed use in the following zones: Highway Commercial Intensive, Highway Commercial Moderate, Commercial Industrial, Light Industrial, Light Industrial Veteran’s Field, Bay Road/Professional Office and Mixed Use/Main Street, and WHEREAS, through recent practice and history, it has come to the town’s attention that our current Professional Office zone definition may not be suitable for a Commercial Office, because, as widely recognized by town and community, Commercial Office uses are generally more commercial and intensive in nature and impact, do not provide professional services to residential neighborhoods, and are not compatible with adjoining residential uses. THEREFORE, in addition to the above, the Town Board wishes the advisement and recommendation on the following proposed standards and regulations: Parking Requirements: Commercial Office parking requirements are not currently listed or addressed in town’s current zoning code. Suggested amending (Article 4, Schedule of Regulations, 179-4-040. Parking and Loading Regulations, Table 6) to include parking requirement for Commercial Office use. Recent practice and history would support a 5 per 1000 sf of gross leasable floor area parking requirement standard. Parking lot lighting: For Commercial Office, not currently addressed in zoning code 179-6-020, which allows a 2.5 footcandles horizontal illuminance standard for commercial parking lots but only a 1.0 standard for an office parking lot. Clearly the “office” standard was meant for lower- impact professional offices, not commercial offices; commercial offices would require the 2.5 footcandles to service the shift work of several hundred employees.2.5 footcandles. Allow 2.5 footcandles for Commercial Office uses. Parking Lot Light fixtures: For Commercial Office, regulations and standards are not currently addressed in zoning code. Allow current commercial fixtures and standards for Commercial Office uses. WHEREAS, the Town Board wishes the advisement and recommendation of the town’s Planning Board. NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall forward the above and attached to the town’s Planning Board for advisement and recommendation Duly adopted this 18th day of August, 2008, by the following vote: AYES: NOES: ABSENT: 42 TOWN BOARD MEETING 08-18-2008 MTG. #35 APPENDIX A 1. Professional Office v. Commercial Office: There is a difference! 2. Definitions: Professional Office is used to conduct a professional occupation and provide professional services: Commercial offices do not provide those types of services. 3. Purpose and intent of Professional Office Zoning District: Be transitional/ compatible with residential: Commercial offices are neither transitional nor compatible with residential. 4. Community plans and discussions: it was understood that low-impact professional office uses could be compatible with rural, residential and environmentally sensitive areas: It was never stated nor inferred that commercial offices were compatible with rural, residential and environmentally sensitive areas: It was never inferred a commercial use was an allowed use in a Professional Office Zoning District. 5. Summary 1. Professional Office v. Commercial Office: There is a difference! PROFESS. OFFICE COMM. OFFICE Impact: Low High Service provided: Professional Clerical Traffic: low to mod. Heavy (even through day) (AM Noon PM bursts) Time: 8 to 5 Shifts Compatibility with Residential: Yes No Sensitive environment: Yes No Rural character: Yes No Transitional: Yes No Impact on adjacent uses: Minimal Substantial Parking allotment: 1/300 glf 5/1000 glf Parking lot lighting: 1.0 footcandles 2.5 footcandles Parking Lot Light fixtures: 8’ Antique driveway Cobra head/30” mast lamp pole Road infrastructure: Design for moderate use Designed for heavy use 2 lane 4 to 6 lane Walkable Amenities: Not needed Needed Building appearance: Residential Commercial “Provide convenient professional services to residential neighborhoods”, as per code 179-3-040: Yes No Defined adjective used to describe zone character: Yes/Professional No Code’s pictorial: Residential Style Not considered Professional Buildings 2. Definitions: Professional Office is used to conduct a professional occupation: Commercial offices do not provide those types of services. The uses described in the Town of Queensbury’s Professional Office Zone are narrow in scope and specific in description. The definitions used in the town’s code are clear; the zone is intended to accommodate those who provide professional services, services and professions of “members of the fields” as detailed below: 43 TOWN BOARD MEETING 08-18-2008 MTG. #35 The Town’s Zoning Code, Chapter 179, adopted in 2002, Article 2, definitions, 179-2-010. Definitions and Word Usage, page 17931, states as follows: One who is engaged in professional PROFESSIONAL OCCUPATION — services, including but not limited to all members of the fields of medicine, law, architecture, engineering, surveying, accounting, insurance, planning or financial planning. An office used to conduct a professional PROFESSIONAL OFFICE — occupation. Article 3, Zoning Maps and Zoning Districts, 179-3-040, page 17943, describes Professional Office P0 as: PROFESSIONAL OFFICE P0. The P0 District encompasses areas where professional offices are encouraged. These are located along arterials adjoining residential areas where compatibility with residential uses is important. The Town desires to see development of high-quality offices where structures and facilities are constructed with particular attention to detail, including but not limited to architecture, lighting, landscaping, signs, streetscape, public amenities, and pedestrian connections. The P0 District can function as a transition zone protecting residential zones from more providing convenient professional intensive commercial uses, while services to residential neighborhoods. Office and residential facilities should be sited and built to demonstrate compatibility with adjoining uses and to minimize any negative impacts on adjoining land uses. It is the intent of the P0 District to locate residential uses set back a minimum of 1,000 feet from roadways, as outlined in the dimensional tables, and behind professional offices. It is further the intent to locate all nonresidential uses only within 1,000 feet or roadways. Merriam-Webster: Professional: of, relating to, or characteristic of a profession. Profession: a calling requiring specialized knowledge and often long and intensive academic preparation. 3. Purpose and intent of Professional Office Zoning District: Be transitional/ compatible with residential: Commercial offices are neither transitional nor compatible with residential. The use described in the Town of Queensbury’s Professional office Zone is not ambiguous, it describes the use as one which is meant to accommodate low-impact professional office uses which would be compatible with residential uses, see below: Article 3, Zoning Maps and Zoning Districts, 179-3-040, page 17943, describes Professional Office P0 as: PROFESSIONAL OFFICE P0. The P0 District encompasses areas where professional offices are encouraged. These are located along arterials adjoining residential areas where compatibility with residential uses is important. The Town desires to see development of high-quality offices where structures and facilities are constructed with particular attention to detail, including but not limited to architecture, lighting, landscaping signs, public amenitiesThe P0 District streetscape, , and pedestrian connections. can function as a transition zone protecting residential zones from more intensive commercial uses, while providing convenient professional services to residential neighborhoods. Office and residential facilities should be sited and built to demonstrate compatibility with adjoining uses and to minimize any negative impacts on adjoining land uses. It is the 44 TOWN BOARD MEETING 08-18-2008 MTG. #35 intent of the P0 District to locate residential uses set back a minimum of 1,000 feet from roadways, as outlined in the dimensional tables, and behind professional offices. It is further the intent to locate all nonresidential uses only within 1,000 feet or roadways. (Italics —added to local law 07/15/2006) The parking limitations listed in the town’s code make it clear that the zone was originally designed to accommodate low-impact professional office uses which would be compatible with residential uses, see below: Article 4, Schedule of Regulations, 179-4-040. Parking and Loading Regulations, Table 6, page 17950: USE: Professional office PARKING REQUIREMENT: 1 per 300 sf of gross leasable floor area. Clearly, as indicated by the very restrictive parking requirement, professional office use was the intended permitted land use. A town parking requirement for “commercial office” is nonexistent. Another interesting contrasting item, that distinctly shows there was meant to be a difference between commercial and offices is the town’s lighting code, 179-6-020, which allows a 2.5 footcandles horizontal illuminance standard for commercial parking lots but only a 1.0 standard for an office parking lot. Clearly the “office” standard was meant for lower-impact professional offices, not commercial offices; commercial offices would require the 2.5 footcandles to service the shift work of several hundred employees. In addition to all the above, the town’s zoning code offers pictorial representations of professional offices (see page 18088 or see appendix A); notice the “Residential Style Professional Buildings.” What are depicted are low-impact single-story residential- appearing professional offices, well-vegetated, buildings clustered, and parking is shared and limited. A professional office is not of the same character and type as a commercial office; in fact, there exists substantial dissimilarity between the two uses. In contrast to the professional office uses described above, a several hundred employee big box “commercial” office requires an extensive infrastructure to support it. Commercial offices need municipal sewers, multilane arterials designed to service heavy traffic flows and much more. Commercial offices need vast parking areas and parking allotments that far exceed our town’s professional office limitations. Commercial offices staffed with several hundred employees should be located in/surrounded by commercial amenities, like breaktime- walkable easy-access cafes, restaurants, mail boxes, etc. — a synergistic economic arrangement that is good for the commercial office workers and good for the community. Commercial offices and their accompanying vast parking areas do not appear residential, are not environmentally friendly, are not aseptically pleasing, and most importantly are not transitional, not residentially friendly. As per town code, “commercial” offices should locate in commercial zones that are located in areas better designed to accommodate high- impact uses and should not be allowed in our town’s transitional-residential-friendly-low- impact Professional Office zones. 4. Community plans and discussions: it was understood that low-impact professional office uses could be compatible with rural, residential and environmentally sensitive areas: It was never stated nor inferred that commercial offices were compatible with rural, residential and environmentally sensitive areas: It was never inferred a commercial use was an allowed use in a Professional Office Zoning District. 45 TOWN BOARD MEETING 08-18-2008 MTG. #35 5. Summary A professional office is not of the same character and type as a commercial office; in fact, there exists substantial dissimilarity between the two uses. In contrast to the professional office uses described above, a several hundred employee big box “commercial” office requires an extensive infrastructure to support it. Commercial offices need well-lit parking area, municipal sewer, multi-lane arterials designed to service heavy traffic flows and much more. Commercial offices need lighting standards, buffer standards, vast parking areas and parking allotments that far exceed our town’s professional office limitations. Commercial offices staffed with several hundred employees should be located in/surrounded by commercial amenities, like breaktime-walkable easy-access cafes, restaurants, mail boxes, etc. — a synergistic economic arrangement that is good for the commercial office workers and good for the community. Commercial offices and their accompanying vast parking areas do not appear residential, are not environmentally friendly, are not aseptically pleasing, and most importantly are not transitional, not residentially friendly. As per town code, “commercial” offices should locate in commercial zones that are located in areas better designed to accommodate high-impact uses and should not be allowed in our town’s transitional-residential-friendly-low-impact Professional Office zones. In Addition: CHAPTER 140: One double-faced freestanding sign and one single-faced attached sign for professional offices (physician, dentist, architect, engineer, surveyor or lawyer) and permitted home occupations, not to exceed two square feet of surface area per face, stating name and vocation only. COUNCILMAN STROUGH – I will introduced a resolution tonight it is basically titled Commercial Office and it reads: RESOLUTION REFERRING THE BELOW PROPOSAL AMENDING OF ZONING LAW TO AMEND DEFINITIONS AND ALLOWED USES, TO THE TOWN’S PLANNING BOARD FOR ADVISEMENT AND RECOMMENDATION WHEREAS, our current zoning does not address or define Commercial Offices uses; no definition of Commercial Office exists in Chapter 179 our Zoning Code. What we currently have and I mention that in the resolution is we do have a definition for Professional Office. It reads like this; Professional Office district encompasses areas’ where professional offices are encouraged. These are located along arterials adjoining residential areas where compatibility with residential uses is important. The Town desires to see development of high-quality offices where structures and facilities are constructed with particular attention to detail, including but not limited to architecture, lighting, landscaping, signs, streetscape, public amenities, and pedestrian connections. The PO District can function as a transition zone protecting residential zones from more intensive commercial uses, while providing convenient professional services to residential neighborhoods. Office and residential facilities should be sited and built to demonstrate compatibility with adjoining uses and to minimize any negative impacts on adjoining land uses. It is the intent of the PO District to locate residential uses to set back a minimum of 1,000 feet from roadways, as outlined in the dimensional tables, and behind professional offices. It is further the intent to locate all nonresidential uses only within 1,000 of roadways. Now, that is the definition that is currently in our town code, and that is nice because it talks about residential appearing it talks about it being transitional in nature, it talks about how it has got to be compatible with adjacent land uses. Professional Offices are, if you take a look at Evergreen Office Park over near Sokols, it is very residential appearing, single story well landscaped, you could drive by it and never even know they were Professional Offices, but they are commercial professional offices. Councilman Brewer-Are they commercial or are they professional? Councilman Strough-They are commercial, commercial in nature but they are not commercial offices. Now, we do have commercial office like the Tribune, which is well suited where it is. Commercial Offices are completely different in their nature. I mentioned to the Planning Board please refer to the attachment, attachment A, and I am not 46 TOWN BOARD MEETING 08-18-2008 MTG. #35 going to go over all the attachment A but attachment A just goes over and discusses and describes the differences between Professional Office and Commercial Office. I just want to give you, for example, Professional Office impact generally is low a Commercial Office generally considered to be a high impact use. Services provided, well with Professional Offices like it says in our definition it provides professional services. Commercial Offices generally provide clerical services. Traffic behavior is completely different. Traffic behavior for Professional Offices is steady and throughout the day, Commercial Offices they tend to be eight to five so you are going to get an AM burst you are going to get a PM burst, completely different behavior as far as traffic pattern goes. Compatibility with residential, Professional Office is compatible with residential, Commercial Offices are not. Rural Character, Professional Offices if done right and residential appearing can be very rural in their appearance. You cannot do that with Commercial Offices, not easily. Parking lot lighting, we require one foot candle for Professional Offices, that is about the same as your little lamp post on your driveway, very residential. But for commercial enterprises, such as a Commercial Office it should be at least 2.5 foot candles. That is equivalent to what you are going to see in the Walmart parking lot. In talking about lighting the lighting fixture itself for Professional Offices is residential lighting, for Commercial Offices they are, they big thirty foot high ..head lighting it is very commercial in appearance, it is not transitional it is not residential. I go on and I explain many other things and I even offer a definition for Commercial Office in my resolution. Commercial Office: A building or building complex that is used primarily as an administrative facility. However, other uses such as research and development may also be considered representative uses. The building styles are typically characterized by larger, multi-storied buildings and usually appear more commercial than residential. It may include full ancillary uses such as, but not limited to a bank, restaurant/coffee shop, health shop, printing shop etc. The offering of professional services may be non-existent or even secondary. Commercial Offices need to be located in commercial or industrial zones that assure their compatibility with adjacent uses and are serviced by appropriate infrastructure and transportation systems. Commercial offices, often staffed with several hundred employees, should ideally be located in arenas that offer, or could offer commercial amenities, like breaktime-walkable easy-access cafes, restaurants, mail boxes, etc. a synergistic economic arrangement that is good for the commercial office workers and good for the community. So, my resolution is just asking this Board to give this information to the Planning Board for their feed back, what do they think. Because the Planning Board deals with this on a regular basis and have dealt with this and many members of this community have expressed a need in our zoning code to include a separate definition for commercial office. This Board does not have to take the advisement of the Planning Board and this resolution is only asking that the Planning Board give us their advisement on this matter. Councilman Metivier-You just said we do not have to take it under advisement now, you expect that if they come back and say we love this we are not going to have retaliation if we don’t? John there are so many issues with what you have here. Let me ask you this? How big is the new cardiology building down the street? Councilman Montesi-Twenty thousand Councilman Metivier-Twenty thousand square feet, lets say they move out and …technologies moves in is it allowed? Councilman Strough-Yes, what is wrong with that? Councilman Metivier-According to your law which you are proposing it is not. Councilman Strough-Well, Tony, all I am saying is there might be issues beyond this I am not saying I have written this perfectly. I am just saying this has been very controversial, all I am saying the people that deal with this on a regular basis is the Planning Board why don’t we ask them for their advisement and see what issues, because there might be some issues I did not foresee and I did not address and they might enlighten us. They may even come back and say there is no need for us to distinguish between the two types of offices we do not know. All I am asking is why don’t we ask the Planning Board their advice. 47 TOWN BOARD MEETING 08-18-2008 MTG. #35 Supervisor Stec-Why not, because tonight we had people coming here and accuse some of us from dragging our feet on this process because we have been in this process for a couple of years already. Because we did spend a hundred and thirty five thousand dollars on a consultant that held their hand with the Planning Ordinance Review Committee for a couple of years, with that all said this was brought to the Planning Ordinance Review Committee and according to their Chairman today and according to Councilman Strough-No, the Planning Ordinance Review Committee we did not discuss it. Supervisor Stec- The Chairman told me that chose not to entertain it. Councilman Strough-That is not true we never discussed it. It was put on the agenda on and it was put on the end of the agenda we never got to it that evening. We had never discussed it. Supervisor Stec-You were on the Planning Ordinance Review Committee, no one else on this Board was on the Planning Ordinance Review Committee, so you have had your cut at the .. Councilman Strough-Dr. Hoffman was on the Planning Ordinance Review Committee he probably could probably come up here and tell you, we never got to discussing this zone. Supervisor Stec-Why not add Professional Office A and Professional Office B, Professional Office C, Commercial Office. Tony pointed out a good one what happens if you have a Professional Office Use leave a Professional Office Zone and then a Commercial Office tenant wants to come in there, so we are going to say no Cadillac’s can only be parked here this parking lot no Chevies. Councilman Strough-No it doesn’t. Supervisor Stec-That is what this says, let me finish, Anything that we do to the Zoning Ordinance this is fact, Town Counsel will attest to that and Stu has told this to us on numerous occasions and in fact there have been arguments made in the past about proposed changes to the Zoning Ordinance whether or not it was consistent with the Comprehensive Lane Use Plan because by law the Planning Ordinance, the Zoning Ordinance has to be supported in the Comprehensive Lane Use Plan. Now, with that said the pointing out that we have an adopted Comprehensive Lane Use Plan that the previous Town Board did which was very good at agreeing with each other approved unanimously includes this; recommendation G-1 consolidate the number of zoning districts. The Town of Queensbury has almost thirty different zoning districts in its code, in addition the handful of planned unit developments have land use rules of their own. The large numbered districts make administration difficult and creates patch work communities detrimental to the character, traffic and other important aspects of a towns quality of life. Queensbury experience indicates that the number of zoning districts should ultimately be cut at least in half. Consolidating zones within particular uses can accomplish, likely accomplish this, for example, Queensbury Code provides for a four industrial zoning districts, Commercial Industrial, Light Industrial, Veterans Field Light Industrial and Heavy Industrial. These first three allow virtually identical uses, it is likely that two industrial categories would be sufficient to accomplish town goals. Similar evaluations should be undertaken for all zoning districts. So, adding zoning districts is contrary to the towns officially adopted Comprehensive Land Use Plan, unanimously adopted. Councilman Strough-Well you are trying to skew off in another direction. If a zoning is not fitting right and needs further description that is what we should deal with. Lets not try and avoid dealing with the issues lets deal with the issues. I have one more paragraph in regards to this. If we don’t address professional office we really can negatively impact this community. Given the years or re-occurring community wrangling in part because our PO Zone does not address significant differences between Professional Office and Commercial Office we should delay no further and address these problems. Applicants, Members of the Zoning Board, Planning Board and Community have all requested that the Code be clear and that we upgrade and improve the language describing this zone design standards. The PO Zone description we eventually adopt needs to acknowledge that one size does not fit 48 TOWN BOARD MEETING 08-18-2008 MTG. #35 all we need to assure that the right kind of offices go where they are going to fit well. One way of achieving this would be to recognize and distinguish between what is a professional office and what is a commercial office. The Triune Building on Exit 18 Media Drive is for many reasons a fine example of sound community planning. However, placing the same building adjacent to the West Mountain, Gurney Lane intersection would not be good sound community planning. A better fit would be a well treed residential appearing single story cluster of professional offices. Sharing a landscape parking area like the Evergreen Office Park near Sokols on the corner of West Mountain Road and Gurney Lane. If our Professional Office Zone is not repaired degradation to quality of life and reduced home values maybe likely. All I am saying is and you cannot deny that this has been an issue, all I am saying is let’s let the Planning Board give us some feed back on this topic, that is all my resolutions says. Supervisor Stec-There is a motion on the floor, is there a second? Hearing none lets move onto correspondence. 6.0 CORRESPONDENCE 6.1 Community Development Monthly Report July, 2008 6.2 Judy Iadicicco 532 Ridge Road Queensbury, NY Dear Queensbury Town Board, - When you ran for office, you did not tell us voters that you would fight for HIGHER TAXES if you did you probably would not have been elected. If you are going to allow residential development to use up our valuable and precious commercially zoned real estate, you are in effect, increasing out taxes! And increasing them for generations to come. Please do not ignore the fact that commercially development lowers our taxes – do not allow residential development to use up our Professional Office Zones. When you ran for office, you did not tell us voters that you would fight for development that negatively affects our homes and quality of life. If you told us you were not going to recognize that there are significant and substantial differences between professional office and commercial offices, and that you were not going to protect OUR interests, then you probably would not have been elected to office. Professional offices have outdoor lighting like I do, like we all do in our home’s front yards, not 30 foot high Walmart-like parking lot lighting. Place a picture of your home next to the new Tribune building, a commercial office. Does it fit? Like what you see? Now place a picture of your home ext to Dr. Foss’ Baywood drive professional office. They go together well, don’t they? Please approve Councilman Strough’s resolution to have our town’s Planning Board review this issue. Thank you, /s/ Judy Iadicicco 6.3 August 18, 2008 Yesterday there was another very serious accident at the corner of Dixon and Aviation. We need to do something about the traffic problems we are having on Aviation Road now, not later. We need that traffic circle at this intersection. We do not need to make this bad situation on Aviation Road worse by allowing a huge commercial office giving us blasts of traffic in the morning and evening and more accidents. Professional offices, like Evergreen Professional Park and Executive Parkwest near Sokols, are preferable. Professional office traffic does not go in blasts; it is steady through the day and hardly even noticeable. This is urgent! You need to address the fact that residential roads will not serve commercial offices well and commercial offices are not well served by residential roads. Sincerely, /s/ Evelyn Robichaud and Ronald V. Robichaud 17 Kiley Lane, Queensbury 49 TOWN BOARD MEETING 08-18-2008 MTG. #35 6.4 August 18, 2008 Queensbury Town Board We need to recognize the difference between Professional Offices and Commercial Offices. If a commercial building of 85,000 sq. ft. is allowed to be put up in the Professional Office zoned property near exit 20 it will affect us. We’ve owned our house on Aviation Rd. for almost 20 years. The traffic has increased tremendously. A professional office with parking for 540 cars would increase the eastbound evening traffic making it difficult to exit or enter our driveway. Professional offices on the other hand might have an equal amount of traffic but would be spread throughout the day. It will not only affect our driveway, it will affect Mountainview Lane a narrow road with school busses, walkers and bikers. It is not equipped to handle heavy traffic. It will affect all of Aviation Rd. st At the Aviation Rd. study on the 31 of last month it was said this extra traffic had been figured into the study. Anyone travelling on Aviation who passes Potter, or Dixon and Farr Lane, knows how dangerous it is. Look at the bad accident this past week. If the roundabout suggested at Dixon and Farr cannot be built because of lack of space the increase in accidents will increase dramatically during peak traffic times. Also in the evening if you’re trying to make a left onto Potter. What if a commercial office instead of professional offices, went in across from Sokols. What a mess that would be. So, clearly there is a difference between a commercial office and a professional office. Please allow the Planning Board to research this. Thank you. /s/ Nick and Jo-Ann Sigismondi 168 Aviation Rd. Queensbury, New York 12804 7.0 TOWN BOARD DISCUSSIONS WARD 1 COUNILMAN ANTHONY METIVIER - The only thing that I have is I do not mind free speech at all and you are welcome to say what you can about me but I will every time somebody calls me a criminal or corrupt or any other word that is as serious as those are I will not tolerate it. So, I just want to make that known to everybody. Blog what you want, say what you want and come up here and say what you want I do not care but you will be held accountable. WARD 2 COUNCILMAN RONALD MONTESI – ? On Wednesday morning at 9:30 am at the Queensbury Town Office Lobby we will be meeting to walk the Town property south of Hiland…looking to establish a walking trail…will be joined by an individual who represents handicapped residents...anyone is welcome to walk the proposed trail with us…plan to have a small parking area off from Meadowbrook Road, the trail as designed will be approximately sixty six hundred feet staying on one side of Halfway Brook, that will be phase one, phase two is finding a way to get across Halfway Brook without hurting the environment. Hope to be able to use the trails as cross country trails. WARD 3 COUNCILMAN STROUGH – ? Should we allow residential in our professional office zone? From a study done by Ohio State University-Virtually all the studies show that for residential land the COCS ratio (Cost of Community Services) The COCS ratio is substantial above one, now that is residential land is a net drain on local government budgets. The average estimated range from about one fifteen to one 50 TOWN BOARD MEETING 08-18-2008 MTG. #35 fifty, what that means is that for every dollar collected in taxes and non tax revenue between a dollar fifteen and a dollar fifty gets returned in the form of services by the local government and school district. On the other hand the COCS ratio caused a community service ratio for the other two land use categories are both substantially below one. For commercial industrial the ratio usually range from thirty five to sixty five, point three five to point six five. Indicating for every dollar collected only about thirty five to sixty five cents worth of services are provided by the local government. Residential development for every dollar they give they usually demand and it depends on the community and where you are but the range goes from a dollar fifteen to a dollar fifty in services, education, plowing what have you. In otherwords they are a drain on your budget. Now, Commercial Properties for every dollar that they give in taxes only require thirty five to sixty five cents worth of services. So, they contribute money to the community. So, if you want to design your community so that you are not overly burdened with taxes you have to have and set aside and protect commercial properties, light industrial properties, to sustain your economy. Not only do commercial properties provide good jobs they also provide monies that reduce your taxes. If our PO zone has no restrictions on the inclusion of residential it is, one, contrary to our community vision, two defeats our and the zonings purpose and objective, has the potential to hinder tax revenues and could further burden our school system and municipal services. The current PO description does not allow residential within one thousand feet of an arterial this is to assure that commercial development in this case Professional Office takes place. One could argue given what I told you that protecting commercial zoning is so imperative to the town’s job and financial future. The new urbanism mixed use development is so unlikely in these locations that no residential should be allowed in professional office zone. You could argue that. This is my opinion and I am one person in this town board, we have to be very careful about allowing residential into and using up our commercial zoning. There is a lot of pressure in this town to build and develop houses and apartments. If you give up your residential and light industrial for that purpose you are going to increase your tax load down the road not only for now but down the road. So, for generations to come it is important that you retain commercial development as commercial development. ? Protecting the Environment-The Lake George Waterkeeper is seeking reports on algae blooms from the public…through the summer and fall…contract the Fund for Lake George or Waterkeeper ? Lake George Watershed Conference-up coming Water Matters Articles Spoke on the need for buffer zones around the lake would like to see Queensbury pro-active in this. WARD 3 COUNCILMAN TIM BREWER- ? History – Two people that created professional office zone are sitting on either side of you before you were here it used to be MR-5 and it was all apartments. So, there are other people that care about this community besides yourself. ? West End Park – basketball court is graded, it will be done in stages, the ball field hopefully in the next couple of weeks will be done and seeded and the end of September we will have a brand new park ? Drainage in Bedford Close is done, just a couple items to be touched up. Michael’s Drive will be next. SUPERVISOR DANIEL STEC- ? Thanked TV-8 for televising our meetings ? Town of Queensbury’s website www.queensbury.net ? For the last five to six years this Town Board my Town Board administration have rebated 9.5 million dollars back to the taxpayers of Queensbury as a credit against your County Taxes. Noted that Warren County has conducted all its budget meetings in public session for anyone to attend. I guarantee you that I will not be voting or any double didget increase. ? Questioned was raised by somebody earlier tonight; Did Helen Otte follow the ORPS guidelines when she administered the re-val? I assume she must of because she received an award from the New York State Dept. of Office of Real Property Services. They gave her award because statistically she did such a fantastic job on the re-val. Of thirteen thousand properties a hundred that became in conflict statistically is a relatively small number. If you are one of those hundred it doesn’t matter what the other twelve thousand nine hundred properties did and we certainly recognize that but from a statistical analysis because that was the nature of the question she got State recognition for the quality of the job that she did. ? What Tony hit on before, certainly there is a person that likes to come to the meetings sometimes and remind all five of us just how difficult this job is and that this is real work that we are doing and it is real work. Some people make it easier, some people make the job un-necessarily harder. It does not help when the rhetoric gets in the way of doing the town’s business, it does not help when people in my opinion occasionally intentionally or knowingly provide miss-information to strengthen their own argument. I am not necessarily talking about Town Board Members exclusively, I am not talking about one issue in general, I am just saying in general these subjects are complicated, zoning is a very complicated one, the law is another one that is why we have attorney’s here, finances is another that is why we have a Budget Officer. These are complicated matters and there is a lot of 51 TOWN BOARD MEETING 08-18-2008 MTG. #35 corporate memory in play here with a lot of these issues. There is a difference between the way we want things and the way things are. This Board is empowered by the State to change some of the ways things are but no one can , it is above my pay grade to change history or turn back the clock. You cannot change the way history is. The facts as Tim mentioned on the professional office I think are relevant because this is the United States of America people do have property rights. Zoning is a relatively new concept. Some people may extrapolate from that I am making a case against zoning, nothing could be farther from the truth the last thing I want next to my house is a pig farm that is a classic worst case scenario. You want to be careful how you put your community together. I think the whole Town Board, this one the last one the one before that are all fully cognoscenti however I think it would be foolish for us not to keep our mind on who owns the property, there are people that are paying taxes on this property this is a society based on property ownership and property rights. I am not saying that property rights should negate the need for zoning I say that property rights should mitigate and should give us cause to pause before we go trouncing in to a situation and strip people of property rights. Now, with that said there were things that I heard tonight in fact Dr. Hoffman not to single you out but I will because I know that you follow these issues closely, I maybe will surprise you, maybe not, but I agree with a lot of what you suggested. I think that this Board is going to be very willing to sit down and compromise on what we think is appropriate for professional office in this town. Now if we were controlling the market and we did not care about property owners rights we could do what they do in the Soviet Union and say this is what you are going to do this is what you are going to be when you grow up this is what your property is going to be used for we are nationalizing you or oil industry in Venezuela where we are going to nationalize this. I am not suggesting that we are on that we are on that slippery slope. But that is a gross example of what we are talking about. But, certainly I think there is room for something a little more reasonable than your depth of your lot is nine hundred feet and we are going to say you can’t even though it was five years ago zoned for only apartments, and that is a fact. I don’t think anyone could say with a straight face that the thousand feet that got pushed through by a very compromising Town Board two years ago, was anything other than a mean spirited. Dr. Hoffman I think coming up with a percentage might be reasonable a number something less than a thousand feet which the history would show there was discussion on a compromise there and then there was an election and compromise went out the window and a thousand feet got stuffed down everyone’s throat. These are the facts this is exactly what happened and this is exactly what leaves a sour taste in a lot of people’s mouth, because they see this and then they start wondering what is going to happen to my property on the lake. Oh, by the way I cannot believe what I am assessed for and on top of that the town is going to make it virtually impossible for me to get a building permit? So, I think we need to tread lightly when we start talking about property rights. With that said we are going to have zoning we are continue to have zoning but and I have said it before, the Town of Queensbury has the most restrictive zoning code in the area bar none. Some people say that is something to be proud of, some people say it has worked so far all the above but we need to be careful and here will be some compromises. We are not going to solve professional office tonight, we are not going to kick this back to some other body, it has been three years it is time for the Town Board to fish or cut bait on this issue. I think we can get through this and if we are all willing to work together and not say well, I am the planning expert and so we are going to do what I say we should do. Tim how many years on the Planning Board did you have? Councilman Brewer-Nine Supervisor Stec-How many years were you Chairman? Councilman Brewer-Two Supervisor Stec-Tony how many years were you on the Planning Board? Councilman Metivier-Six and a half Supervisor Stec-Ron? Councilman Montesi-Six years Supervisor Stec-You have got some people around you John that have spent a little time at the Planning Board themselves over their careers. Councilman Strough-I said those were my ideas. Supervisor Stec-I am going to move on tonight. ? Regarding my disgust on what has been on the internet on web sites on the Post Star’s web site although I will applaud the Post Star that recently that they decided that they didn’t want to print potentially libelous comments on their web site anymore and they got a new policy there and that is probably a wise one. I cannot think of anything further from the truth than describing Ron Montesi and Tony Metivier than Socialist for starters in my opinion that is an equally insulting thing as the other one which is criminals. I have heard other people on this board in the past use the word corruption that is akin to criminal. I have said it before bring evidence or be quiet. I was applaud at some of the things that I have seen in e-mails and web sites that really assassinate; they use character assassination and false information to further their own political agenda. What it does is create an 52 TOWN BOARD MEETING 08-18-2008 MTG. #35 atmosphere for politics of fear. Those guys are bad because they doing this for this special interest and that special interest, we did not re-write any codes for friends of our lately you know. We are all trying to do the right thing here. I am concerned about that and I want to say that you know if people want to play politics that is fine but make sure it is fact based. You come to this room. You come to that microphone it better be based on facts you better have the evidence or you will be challenged on it. I cannot control people are going to send in their e-mails or put on their web sites and hopefully people are smart enough to sift through that stuff but if you come here and I know that you have said something that is untrue you will be challenged on it. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 397.2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss a grievance. th Duly adopted this 18 day of August, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 398.2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED , that the Town Board of the Town of Queensbury hereby adjourns its Executive Session th Duly adopted this 18 day of August, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None NO ACTION TAKEN DURING EXECUTIVE SESSION RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION TO SET ASIDE ARBITRATOR’S DECISION IN THE MATTER OF FLEWELLING V. TOWN OF QUEENSBURY GRIEVANCE PROCEEDINGS RESOLUTION NO.: 399, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury received a Decision from the Arbitrator in the Matter of Flewelling v. Town of Queensbury Grievance Proceedings, and 53 TOWN BOARD MEETING 08-18-2008 MTG. #35 WHEREAS, the Town’s Highway Superintendent has recommended to the Town Board that it commence a Supreme Court action to set aside the Arbitrator’s Decision, and WHEREAS, the Supreme Court is the sole Court with jurisdiction over this matter, and WHEREAS, the Queensbury Town Board wishes to pursue preliminary and permanent injunctive relief, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the commencement of a Warren County Supreme Court action to set aside the determination of the Arbitrator as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Town Highway Superintendent and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 400.2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. th Duly adopted this 18 day of August, 2008 by the following vote: 54 TOWN BOARD MEETING 08-18-2008 MTG. #35 AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury