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 –
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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
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presented as the Abstract with a run date of December 9, 2004 and a payment date of
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December 14, 2004,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a
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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
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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
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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
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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
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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…
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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.
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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.
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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.
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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