2008-08-22 SP MTG #36
SPECIAL TOWN BOARD MEETING 08-22-2008 MTG. #36
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SPECIAL TOWN BOARD MEETING MTG. #36
AUGUST 22, 2008 RES. 401-402
7:00 P.M.
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER- ABSENT
TOWN COUNSEL
MICHAEL HILL
TOWN OFFICIALS
SENIOR PLANNER, STUART BAKER
ZONING ADMINISTRATOR, CRAIG BROWN
SUPERVISOR STEC- Opened meeting.
RESOLUTION TO AMEND THE TOWN’S VOLUNTEER
AMBULANCE WORKERS SERVICE AWARD PROGRAM
RESOLUTION NO.: 401, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board previously established a defined
contribution Volunteer Ambulance Workers Service Award Program (the “Service Award
Program”) and executed Adoption Agreements for Service Award Programs for
Volunteer Ambulance Workers for the West Glens Falls Emergency Squad, the Bay
Ridge Rescue Squad and the North Queensbury Rescue Squad, each dated November 22,
1996 (together, the “Adoption Agreements”), and
WHEREAS, the Town’s current Service Award Program provides for a
contribution of $400 per year for each participating volunteer, and
WHEREAS, the Town Board has received requests from the Town’s volunteer
ambulance workers to increase the annual contribution, and
WHEREAS, the Town’s Program Agreement for Service Award Program for
Volunteer Ambulance Workers (the “Program Agreement”), originally established by
Key Trust Company and approved by the New York State Comptroller, currently
provides that participation in the Program shall terminate when a participant files an
application for payment of a Service Award, and
SPECIAL TOWN BOARD MEETING 08-22-2008 MTG. #36
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WHEREAS, the Town Board feels that contributions should not cease upon
payment of a Service Award as long as these volunteers continue to volunteer and meet
the requirements for a contribution, and
WHEREAS, the estimated additional cost of increasing the annual contribution from
the existing $400 to $700 will be approximately $22,200 and the estimated additional cost of
allowing participating volunteers to continue to participate in the Program and receive
contributions while receiving of Service Award payments will be approximately $8,400, and
WHEREAS, the Town Board wishes to amend portions of the Program Agreement
and the Adoption Agreements to reflect the desired changes to the Service Award Program,
and
WHEREAS, such amendments are authorized, subject to a mandatory referendum,
pursuant to Article 11-A of the New York General Municipal Law, and
WHEREAS, to revise the Service Award Program to increase the annual
contribution to the maximum $700 and to continue to make contributions for volunteers
receiving Service Award payments a proposition authorizing such amendments must be
approved by the residents of the Town served by these organizations,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
following changes to the Program Agreement, subject to a mandatory referendum at the
November 4, 2008 general election and subject to any required approval by the New York
State Comptroller:
A.Section 2.1(C) of the Program Agreement, entitled “Termination”, is amended to
read as follows:
Participation in a Service Award Program shall terminate on the earlier of
the date of death of a Participant, or the date on which the governing board
of the Sponsor determines that a Participant has forfeited his or her Service
Award.
B. Article VI of the Program Agreement, entitled “Payment of Service Awards”, is
amended by adding the following new Section 6.5:
6.5 Continuation of Participation. Years of, and points for, active
Ambulance Service shall be credited for periods after a Participant has
reached the Entitlement Age and has received or is receiving a Service
Award.
and
BE IT FURTHER,
SPECIAL TOWN BOARD MEETING 08-22-2008 MTG. #36
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RESOLVED, that the Queensbury Town Board hereby adopts the following
changes to the Adoption Agreements, subject to a mandatory referendum at the November
4, 2008 general election:
A. The Adoption Agreements are amended to indicate $700 as the Regular
Contribution Amount rather than $400.
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk
and Town Counsel to prepare two propositions relating to this Resolution to be placed on
the November 4, 2008 election ballot for the voters’ approval or disapproval and the Town
Clerk, with the advice of Town Counsel, to prepare an abstract of the propositions, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves and authorizes a
proposition substantially in the following form pertaining to the increase in the annual
service award contribution for the Town of Queensbury’s Volunteer Ambulance
Workers:
INCREASE IN ANNUAL SERVICE AWARD CONTRIBUTION
The Town of Queensbury proposes to increase the annual service
award contribution for a participating Volunteer Ambulance Worker
from $400 per year to the maximum of $700 per year, to be effective
prospectively as of January 1, 2009. The estimated increase in cost to
the Town of Queensbury for 2009 if this proposition is passed is
approximately $22,200.
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves and authorizes a proposition
substantially in the following form pertaining to the right of a participating Volunteer
Ambulance Worker to continue to participate in the Service Award Program and receive
contributions while receiving payment of his/her accrued service award:
CONTINUATION OF RIGHT TO RECEIVE CONTRIBUTIONS WHILE
RECEIVING SERVICE AWARD AFTER ENTITLEMENT AGE:
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The Town of Queensbury proposes to permit a participating
Volunteer Ambulance Worker to continue to participate in the
Service Award Program and receive contributions after such
volunteer attains the age he or she is entitled to receive payment of
his/her accrued service award (i.e., 62 under current plan) and is
receiving such service award payments, to be effective prospectively
as of January 1, 2009, subject to any required approval by the New
York State Comptroller. The estimated increase in cost to the Town
of Queensbury for 2009 if this proposition is passed is approximately
$8,400.
and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes
and directs the Queensbury Town Clerk to transmit a certified copy of this Town Board
Resolution along with the propositions and abstracts to the Warren County Board of
Elections or other appropriate officials so that the propositions will be placed on the
November 4, 2008 election ballot in all the voting locations in the Town of Queensbury.
nd
Duly adopted this 22 day of August, 2008, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec
NOES: None
ABSENT: Mr. Brewer
DISCUSSION: TOWN’S DEFERRED COMPENSATION CARRIER
SUPERVISOR STEC- Board Members received in their mailboxes yesterday the
information regarding the Town’s Deferred Compensation Carrier. He explained that this
isn’t Town money but the Town has to authorize who the compensation carrier is. It is
really like an employee association. Noted that Barbara Tierney, Pam Hunsinger, Maria
Gagliardi and one other person (Bruce Ostrander) make up the Deferred Compensation
Committee. There was an RFP. The current carrier is Hartford and they want to stay with
them. There will be a resolution some time in September to select a carrier.
OTHER DISCUSSION HELD:
COUNCILMAN MONTESI- Spoke regarding a telephone conversation with Dan
Valenti, Jr. concerning the property he purchased on Quaker Road (Hewlitt’s). The front
half of that property is zoned commercial and the back half is zoned residential. Mr.
Valenti said that if the Town is looking at changing that he will leave it alone, if not he
will be addressing the Board to request a zone change to highway commercial.
DISCUSSION: DRAFT ZONING CODE REVIEW
CHANGES MADE DURING MEETING:
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REFER TO: PAGE 2.6 Section 179-2-010 Definitions and Word Usage
DEFINITION AMENDED TO:
BUILDING FLOOR AREA, TOTAL --
A. The combined area of all square footage, as measure from exterior walls of all structures on
the property, including all floors of the structures, garages, basements and attics with more
than five (5) feet of ceiling height and covered porches. Building square footage does not
include: Open deck, docks and that portion of covered docks extending over water and one
storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be
included. (See “FLOOR AREA RATIO”).
B. Commercial or industrial: the total area in square feet as measured from the exterior of the
outside walls of a building or structure, and when applicable, the sum total of all floor areas
of the principal and accessory buildings or structures on the project site.
ARTICLE 5 Supplementary Regulations
REFER TO: PAGE 5.1 Section 179-5-020 Accessory Structures
AMEND ACCESSORY STRUCTURE: (up to two totaling no more than 500 square
feet) shall be a permitted use in all residential zoning districts on parcels of 3 acres or
less. Accessory structure over 120 square feet must comply with the setback requirements
applicable to the principal structure. For residential parcels larger than 3 acres, up to 3
accessory structures totaling up to 750 square feet shall be allowed.
Accessory structure in non-residential zones that exceed an area of 120 square feet shall
be subject to site plan review in the zoning districts shown in the Schedule of Permitted
Uses (see Table 1).
AMEND: b. Accessory structures greater than one hundred twenty (120) square feet
require a building permit and must comply with the setback requirements applicable to
the principal structure (inserting: “require a building permit”)
REFRE TO: PAGE 3.11 Section 179-3-40 Establishment of Zoning Districts
AMEND TO: Professional Office- The PO 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. No residential uses shall be allowed within 600 feet of Bay Road and West
Mountain Road.
REFER TO: PAGE 3-9 Through 3-12 Section 179-3-040 Establishment of Zoning
Districts
Stuart Baker will make further revisions to this section.
REFER TO THE RESIDENTIAL USE TABLE
TOWN COUNSEL HILL- We want to compare the proposed list as to the LC-42 with
what the Adirondack Park Agency Shows as allowable in the corresponding land use
designation.
SENIOR PLANNER, STUART BAKER- Will email any proposed changes of this table
to Brian Grisi of the Adirondack Park Agency for his reaction.
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ZONING ADMINISTRATOR, CRAIG BROWN- The following are not defined:
Cottages, Estate Home, Row House, Library, etc. If we are going to keep these they need
to be defined.
DELETE THE FOLLOWING UNDER RESIDENTIAL & RELATED USES: Cottage,
Estate Home,
DELETE: Suburban Residential Column- AMEND TO: Moderate Density Residential
DUPLEX- Change it from Site Plan Review to a Permitted Use and to add it to the RR
Zone
HOME OCCUPATION- Where applicable change from PU to AU
MOBILE HOME- List zones that the mobile home overlays encompass.
DELETE: Modular Home from table as it is considered a single-family home.
ARTICLE 2- DEFINITIONS
REFER TO: PAGE 2.24 Section 179-5-010 Definitions and Word Usage
AMEND: MOBILE HOME- Any Vehicle or similar portable structure or any part thereof
or addition thereto, with or without a foundation or wheels, jacks, skirting, wood or
masonry block supports, designed or constructed to be towed on its own chassis
(comprised of frame and wheels), driven or otherwise transported to its resting site and
which is designed to permit occupancy for residential, business, commercial, or office
purposes. Such will include units that may contain parts that may be folded, collapsed or
telescoped when being towed and expanded later, as well as two or more separate
components designed to be joined into one integral unit, remains mobile, but excluding
modular homes. (See “single-family dwelling”). See section 179-4-050 of this Chapter
for “Mobile Home Overlay Districts” and Chapter 113, Mobile Homes.
REFER TO RESIDENTIAL USE TABLE
AMEND THE FOLLOWING UNDER RESIDENTIAL & RELATED USES:
CHANGE: Row House to: Town House throughout the code. Update Zones where
applicable.
SINGLE FAMILY DWELLING- Zone PR42 add PU
DELETE ROW: “Uses Accessory to Principal Use”
BOATHOUSE: Update Table/Zones where applicable.
REFER TO: PAGE 2.1 Section 179-5-010 Definitions and Word Usage
AMEND: ACCESSORY STRUCTURE definition to include boathouses in the list of
examples.
REFER TO: PAGE 2.5 Section 179-5-010 Definitions and Word Usage
AMEND: BOATHOUSE definition to define it as an accessory structure.
REFER TO RESIDENTIAL USE TABLE
AMEND: Commercial Boat/Sales/Service/Storage to SUP instead of SPR
DELETE THE FOLLOWING FROM THE LC ZONE: Commercial Boat
Sales/Service/Storage, Campground, Produce Stand, etc.
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AMEND: Campground to SUP instead of SPR in LC Zone
AMEND: Cemetery- take out of PR and WR
th
SUPERVISOR STEC- Next meeting will be held on Wednesday, August 27 at 8:30am
to continue the work on the Use Tables. Asked Stuart Baker to make the amendments and
to provide a revised set of the Use Tables to the Town Board. Also asked Stuart Baker to
continue to work on the section on Highway Commercial Uses and make those changes.
RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING
RESOLUTION NO.: 402, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED: Mr. Ronald Montesi
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns its
Special Town Board Meeting.
Duly adopted this 22nd day of August, 2008, by the following vote:
AYES: Mr. Montesi, Mr. Stec, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mr. Brewer
Respectfully,
Darleen Dougher
Town Clerk/Town of Queensbury