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2004-12-13 SP MTG57 SPECIAL TOWN BOARD MEETING 12-13-2004 MTG. #57 672 SPECIAL TOWN BOARD MEETING MTG. #57 December 13, 2004 RES. 589-592 7:00 P.M. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS CATHI RADNER-TOWN COUNSEL MARILYN RYBA-DIRECTOR OF COMMUNITY DEVELOPMENT STUART BAKER-SENIOR PLANNER 1.0 AUDIT OF BILLS RESOLUTION APPROVING AUDIT OF BILLS – TH ABSTRACT OF DECEMBER 9, 2004 RESOLUTION NO.: 589. 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Abstract with a run date of December 9, 2004 and a payment date of th December 14, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a thth run date of December 9, 2004 and payment date of December 14, 2004 numbering 24- 563500 through 24-584700 and totaling $199,747.34, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. SPECIAL TOWN BOARD MEETING 12-13-2004 MTG. #57 673 th Duly adopted this 13 day of December, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Stec NOES : None ABSENT: None ABSTAIN: Mr. Brewer 2.0 GREAT ESCAPE Mr. John Lemery and Mr. John Collins presentation Proposal as follows: 1. light at Glen Lake and Rt. 9 2. light at Round Pond intersection 3. Pedestrian bridge DOT has requested additional work…a turning lane on the Glen Lake Road which would provide for people turning north off the Glen Lake Road…and extend turning lane by 100 feet on Route 9 and a median on Route 9, create four lanes going into the ring road from Route 9, this would be necessary for them for the bridge improvement. Have spoke to the County for right of ways to do the extension for the turning lane and the Glen Lake turn around … County has noted that if there is a transfer they cannot access the property they own behind what would then be the turning lane unless DOT gives a curb cut…noted there is seven acres involved…The County has suggested that we give the County a right of way off the ring…so that in effect the County’s property would be accessed, they would acquire, take one hundred feet of the ring road and make it a County road so the first one hundred feet going in to the theme park would the County owned. So, ingress and egress from that site would be at the Glen Lake Road light. Requested that the Town help with the infrastructure issues at that intersection. Our request is that the Town would make a contribution of up to three hundred thousand dollars between DOT and the Town which would allow us to cover the costs of the Glen Lake Road right, onto Route 9 from Glen Lake Road median; they also want a tripping device on the 87 ramp. That will manage the light …our position it is not just a Great Escape issue it is a Town issue…We are willing to pay what we agreed to pay when we got into the issue of the lights we were wondering if the Town would be willing to help out with this situation, with regard to the County, the Town, the light and up to a maximum of three hundred thousand to help us set the cost of the complete change to that intersection which benefits everyone. Noted there is an estimate on the project from DA Collins… SPECIAL TOWN BOARD MEETING 12-13-2004 MTG. #57 674 Discussion held by Town Board Members-Spoke about County involvement in the proposed DOT requirements, along with the Town and the developer. Board agreed to pursue this with the County to see if we can come up with a plan to benefit the whole community. Town Counsel Radner-If we structure it so we are working on a inter- municipal agreement contributing to infrastructure for the Town it could be done. 3.0 LARRY CLUTE/MATT STEVES – REZONING ISSUES Property on Luzerne and Sherman Avenue was zoned Light industrial then rezoned to single family on the Sherman Avenue side, and south of that on the Luzerne Road side Light Industry… Matt Steves-Representing Larry Clute showed map of the area proposed to be rezoned…Total acres 90… anticipating single family leaving an area for a neighborhood commercial and a large area to be dedicated to the town, constructed and dedicated to the Town as a playground, and leave thirty two acres as light industrial and see what happens. Mr. Clute-Asking the opinion of the Town Board if this should be residential… Matt Steves-Proposing fifty five +- units. Councilman Boor-Noted he was not opposed to residential but we just paid for a build out analysis with the school and that is wasting money if we continue to rezone industrial and commercial properties to residential. My concern is for the school district and the impacts there and the value of doing any studies if we are not going to stick with our zoning. Mr. Clute-Noted that the parcel has been marketed for light industrial for fifteen years…there is no bite for light industrial. Maybe it isn’t residential maybe it is business, that is what I am looking for your advice. Councilman Boor-Until we get the build out analysis complete and see what the impacts are I am reluctant to start throwing more residential into the school system without knowing what we are looking at. Councilman Strough-We keep getting these pressures to rezone from light industrial to residential, we do have to put our foot down because we do have to prepare the community, every residence that goes in here costs the community if we go by average figures anywhere between a dollar thirty nine and dollar fifty for every dollar they put in, if we go something commercial that varies and it averages around thirty nine cents for every dollar they put in. SPECIAL TOWN BOARD MEETING 12-13-2004 MTG. #57 675 Matt Steves-I do not think that this is an opportune spot for light industrial development. Councilman Brewer-When they did this for light industrial, there were literally no homes that side of the Northway, it just never happened. I think the light industrial that we have is in the wrong place it should be by the airport, it should be by the industrial parks. Mr. Clute-Light industrial is definitely necessary in the community I just do not know if it is necessary in that particular location with the residential base that is in that space. Councilman Strough-I was a preservationist of light industrial I think this is an excellent place to develop light industrial and I think that when we did the comprehensive land use plan we did the rezoning of the Town we thought this was a great area seeing there are very few in the town now to develop some light industrial and bring some good jobs in the town. As soon as Luther Forest and some other enterprises get going this will take right off. Mr. Clute-Requesting rezoning from LI to SR… Supervisor Stec-Reviewed the purpose of this meeting…noted that the Chamber of Commerce and the economic development agencies in the area have all been clamoring about not giving up light industry properties …. On top of the build out that we are sensitive to the direction it is going and the tax drain etc have all been discussed…I am not sure it is a slam dunk to rezone it, fifteen years is a long time and I appreciate that and I believe that you have not had any nibbles …spoke about other types of zones that are available, it would be nice to keep this non residential and potentially revenue generating… Unknown-Resident of the area-noted that he would not like to see industrial in that area. Supervisor Stec-Our options are, we can send it to the Planning Board they can have a discussion in detail, it could come back with a positive or negative recommendation to us and we could approve the rezoning or not… Councilman Boor-It is irresponsible to do that without having the build out analysis complete. Supervisor Stec-Or we could say we don’t want to refer it to the Planning Board. I am hearing lets not take any action on this at all until the build out analysis and at that point have another workshop on this. Spoke about compromise in re-zoning request non residential but not light industrial… SPECIAL TOWN BOARD MEETING 12-13-2004 MTG. #57 676 DISCUSSION HELD The Town Board agreed to pay some of the bills for South 1. Queensbury Fire Co. while things are pending. Build Out Study – Added cost more detail on multi family residential 2. data- Town to pay 70% School 30% The School Board is reviewing this proposal Audit of South Queensbury Fire Company – received today 3. EMS Bill for service – received W.G.F. Social Security numbers, No. 4. Qsby. is all set we are waiting for Bay Ridge they are working on it. PCR’s reviewed by Budget Officer Jennifer Switzer-we are set to 5. start billing the private insurance companies-it was suggested PCR’s from the last sixty days to get started and No. Qsby. has those together but there is some resistance from two other squads…complaints were as follows: the public does not know about it, we have not had the training, …noted that this has been in the paper…Noted there will be training in the first week of January…Councilman Brewer-suggested that the constituents be notified of the date that there will be billing st for ambulance service…Board agreed to have December 1 as the date to start billing for service…The Rescue Squads will be notified of the date. Regarding Insurance renewals – discussed terrorism insurance we 6. elected not to take it last year questioned if the Board wanted the coverage? $1,658.00 per year more…Board elected not to add this to the insurance… 4.0 JOHN LAPPER - Discussions-Bay Meadows Golf Course PUD, Corinth Road Convenience Store Road and Old Grand Union Quaker/Bay – 48 townhouses 4.1 Hudson Point PUD – Reviewed all approvals from the Town Planning Board for a Convenience Store, we need action by the Town Board to grant an easement for construction on the Town property for the driveway entrance and bikeway path that we have been working with Marilyn on. (map shown) described the bikeway…3,000 foot of bike trail. Asphalt to crushed stone surface…we need an easement for construction for both projects an easement for maintenance for a section because the Town will maintain the bike path. Noted that maintenance such as snow removal on the access drive entrance will be by John Michaels…It will be a Town road with an easement for the maintenance of it. Town Counsel noted that she would want to review the language of the agreement to make sure that there is a clear statement of responsibility, clear language of insurance responsibility and clear language of whose insurance takes precedence. Board agreed that in the near future this will come before the Board in resolution form. 4.2 Bay Meadows Golf Course PUD Modification- noted that the original developer did not go ahead with the project because they did not get their State Senior Housing Credits…the Michaels Group has designed to use the same footprints and exact same roadway, they are proposing thirty nine units, for single family ownership, there will be townhouses similar to Waverly SPECIAL TOWN BOARD MEETING 12-13-2004 MTG. #57 677 Place..the density will be smaller. We are asking to amend the PUD and for the rest of the golf course that the Town considers ten more units of single family housing for some time in the future in case that got redeveloped. Executive Director Marilyn Ryba-Noted the PUD Agreement was based on Senior Units, during the review the Planning Board looks at less parking and less traffic based on seniors. Attorney Lapper-Noted they are looking at thirty-nine units, which is less. Executive Director Ryba-Single Family Units have a higher amount of vehicle traffic. Unless it is guaranteed to be Senior Housing there is going to be an impact from traffic. Councilman Brewer-How do they access to their homes if you have ten scattered around the golf course? Attorney Lapper-That will have to be designed. Councilman Strough-Noted he was seeing PUD agreements slowly eroding away. Attorney Lapper-He is asking for thirty nine units and if you want to keep the other half of the golf course like we did in the last one, it would be thirty-nine and that would be acceptable also. Councilman Brewer-I would be more incline to do that then allow ten more houses. Executive Director Ryba-There was going to be a modification with the Dreps subdivision. Attorney Lapper-they are trying to swap land…there is an area on Bay Road north of Stewarts owned by Dreps in front of it there is thirty or sixty feet swath along Bay which is part of the Golf Course, to clean that up and give them the frontage … Executive Director Ryba-But that is still part of the PUD so it has to be a part of this. Councilman Strough-Questioned the public parking. Attorney Lapper-Noted that was discussed there would be no parking. Councilman Strough-Suggested parking off Meadowbrook. Attorney Lapper-That would be a wetland permitting issue. Councilman Strough-Requested a copy of the Homeowners Association agreement… SPECIAL TOWN BOARD MEETING 12-13-2004 MTG. #57 678 4.3 Old Grand Union Quaker/Bay 48 Townhouses Attorney Lapper-Introduced Dave Gordon of Gordon Development in Albany last before the Town for the Grand Union Project…spoke about G.F. School Dist. that they are looking for school kids and will send a letter to that effect…new project will respect what is there in terms of the wetlands, it is a residential project forty eight units, fourteen hundred square foot per unit. These will be owner occupied not rental. Mr. Bob Sears-Reviewed the past and proposed projects, noted he felt the proposal was a good use of the property. Supervisor Stec-Does the Town Board feel there is enough merit to send this to the Planning Board for their recommendation? Councilman Strough-What bothers me is that we are losing more commercial space to residential. There are other uses besides residential that might be appropriate. Supervisor Stec-We could go to a PO zone and still place that in there… Discussion held regarding parking spaces… Executive Director Ryba-When you have an actual plan with the zone change the Planning Board takes Lead Agency Status. Councilman Boor-The thing that needs to be stipulated, should we go, that direction, is that we are not approving what you are showing us. I do not want it characterized in front of the Planning Board that way that we showed this to the Town Board and they did not have any problem with it. Councilman Strough-Another thing to consider also for the benefit of the Glens Falls School District is you have a balance in what you are doing. If you put the professional offices up here that is going to contribute to the tax base of the Glens Falls School system whereas the residential will be a burden to the Glens Falls School System and if you mix it, it will balance out. Mr. Lapper-We will consider that and see what works we are trying to get out of highway commercial that is the main thing. Supervisor Stec-Consensus of the Town Board to send this to the Planning Board for their recommendation. Councilman Strough-I would not send it to the Planning Board I am not going to approve that, if it was profession office I would. Mr. Lapper-We will consider you comments John. SPECIAL TOWN BOARD MEETING 12-13-2004 MTG. #57 679 DISCUSSIONS th Supervisor Stec-December 27 for a workshop- Planning Board Alternate Interviews … also noted we have a Zoning Board Member to appoint and Zoning Board and Planning Board Chairman to appoint…Rec Commission term expiring … Mr. Bowen-former member of South Queensbury and Bay Ridge Fire Company has voiced his concern that we currently have a member of one of the departments one of their side jobs is that they sell fire equipment the question was raised as to the appropriateness of a fire department member selling equipment presumably at a commission or some sort of compensated level. It is an appropriate time at our contract time to discuss our concerns with the companies. Councilman Strough-Questioned if State Law would address this? Supervisor Stec-Will have Town Counsel look into that noting that we have a Fire Protection Dist. there are differences in law. Discussion held – Funds that are not directly given by the Town to the Fire Companies such as grants etc. can the Town be notified of how the funds are spent per contract stipulation? Town Counsel noted that, that would be looked into. Subject of uniformity of materials that they are using, during mutual aid that they are interchangeable was discussed. Discussed the proposal of a Fire Advisory Board…talked about bulk purchasing… th Discussion held on LC10/ LC42 public hearing on the 20 Adirondack Park Agency letter received copied to the Town Board … they will take action after our public hearing… Spoke to the Board regarding the rezoning PR10, noting that the Mayor of Glens Falls felt he should have been formally notified, noted that his assistant was notified of the proposal…Discussed rezoning on Ridge Road…reviewed the topography of the land… RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 590, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss personnel matter involving the Union and holidays and the potential Union Grievance with our Attorney. th Duly adopted this 13 day of December, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec SPECIAL TOWN BOARD MEETING 12-13-2004 MTG. #57 680 NOES: None ABSENT: None RESOLUTION ADJOURNING THE EXECUTIVE SESSION RESOLUTION NO. 591, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. th Duly adopted this 13 day of December, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None No action taken in Executive Session. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 592, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 13 day of December, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher SPECIAL TOWN BOARD MEETING 12-13-2004 MTG. #57 681 Town Clerk-Queensbury