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2005-06-27 SP MTG 31 514 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 SPECIAL TOWN BOARD MEETING MTG. 31 JUNE 27, 2005 RES. 319-322 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER-Entered the Meeting at 7:30 P.M. COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER-ABSENT TOWN OFFICIALS WATER/WASTEWATER SUPT. RALPH VANDUSEN DEPUTY WATER SUPT. BRUCE OSTRANDER EXECUTIVE DIRECTOR OF COMMUNITY DEV. MARILYN RYBA SENIOR PLANNER STU BAKER Supervisor Daniel Stec-Opened the Meeting 1.0 – 3.0 RESOLUTIONS RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO.: 319, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills rdth presented as the Abstract with a run date of June 23, 2005 and a pay date of June 28, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a rdth run date of June 23, 2005 and pay date of June 28, 2005 numbering 25-287000 through 25-293200 and totaling $339,910.90, 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. th Duly adopted this 27 day of June, 2005, by the following vote: 515 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 AYES : Mr. Boor, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Turner, Mr. Brewer RESOLUTION AUTHORIZING SUBMISSION OF GRANT APPLICATION TO NEW YORK STATE DEPARTMENT OF STATE UNDER THE NEW YORK STATE DEPARTMENT OF STATE LOCAL WATERFRONT REVITALIZATION PROGRAM ENVIRONMENT PROTECTION FUND FOR THE LAKES TO LOCKS ALL AMERICAN ROAD CORRIDOR PROGRAM RESOLUTION NO.: 320, 2005 INTRODUCED BY: MR. JOHN STROUGH WHO MOVED ITS ADOPTION SECONDED BY: MR. ROGER BOOR WHEREAS, it appears that grant funds are currently available from the New York State Department of State for the Local Waterfront Revitalization Program Environmental Protection Fund specifically aimed at communities in the Lake George area and intended to create a Lake to Locks All American Road Corridor to display the lives of thesix communities of the Lake George Loop Byway; and WHEREAS, this appears to be a good opportunity for the Town of Queensbury to, in cooperation with other communities and State and Local Agencies, develop tourism opportunities in the area; and WHEREAS, several initiatives are currently underway as developed by the Lakes to Locks Passage All American Road program; and WHEREAS, one such initiative is the Visitor Information and Interpretive Plan which identifies the need and location for Lake George region interpretive and visitor information signs that will link the communities and provide substance to the heritage tourism strategy; and WHEREAS, a second is the development of waterway-based interpretive theme routes that will establish itineraries and a marketing package for economic development; and 516 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 WHEREAS, it is anticipated that the Warren County Planning Department and Lakes to Lock Passage, Inc. shall work cooperatively with the Town to secure grant funds and to fulfill the obligations of the anticipated grant. NOW, THEREFORE BE IT RESOLVED that the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute and submit a grant application to the New York State Department of State Local Waterfront Revitalization Program Environment Protection Fund, and to do so with assistance from Warren County Planning Department and Lakes to Locks Passage, Inc.; and BE IT FURTHER RESOLVED that the Town of Queensbury shall serve as the community sponsor for this Project, and BE IT FURTHER RESOLVED that Town of Queensbury Community Development Department Staff may work in cooperation with Staff from Lakes to Locks Passage, Inc., Warren County Planning Department, and/or Warren County Tourism, to fulfill the obligations of the grant; and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of June, 2005, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner, Mr. Brewer Discussion held before vote: Laura Moore-Warren County Planning Department-Ms. Moore-Lake to Locks passage is the Town of Hague, the Town of Bolton, the Town and Village of Lake George, the Town of Queensbury and the City of Glens Falls, would like to put in a grant 517 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 application that discusses signs either interpretative signs and kiosk that can be located on the corridor. The majority of the signs are located in the Town of Queensbury, some of the key locations are Route 9, the Mall, Million Dollar Half Mile, the Great Escape, Main Street, Hoveys Pond and USA Gas…the other signs are in the City of Glens Falls and Route 9 and 9N. The total cost project is one hundred and sixty thousand which is eight thousand from EPF and to break that down further there is fifty six thousand that we are going to look for in cash and that will come from the towns …. Councilman Boor-What is the time frame? Ms. Moore-It is a two year grant, they have to be in place or planned for within the two years. The local action committee the Lake George local will discuss the content of the signs their exact location and whether it is an interpretative sign or a kiosk. Vote taken. RESOLUTION AUTHORIZING PURCHASE OF WATER BY ANITA SULLIVAN RESOLUTION NO.: 321.2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Ms. Anita Sullivan recently rebuilt on property located at 3 Honeysuckle Lane in the Town of Queensbury, which is located in the Shore Colony Water District; and WHEREAS, Ms. Sullivan installed sod, which must be watered over a two week period in order to thrive and Shore Colony Water District Regulations do no permit watering sod by use of sprinkles; and WHEREAS, the Town Water Department has calculated that the amount of water required by Ms. Sullivan for a two week period from June 23, 2005 through and including July 7, 2005 will have a total cost to the District of $270. This is based on the total gallons to be used, factoring in labor, power and equipment per gallon based upon last year’s Shore Colony District production and usage; and WHEREAS, the Town wishes to forego any enforcement action based upon a violation of Shore Colony Water District Regulations and to instead allow Ms. Sullivan to pay $270, the fair value of the water to be used, in exchange for allowing her to use the Water District water during the off-peak hours of 2:00 a.m. to 4:00 a.m. for the two week period from June 23, 2005 through and including July 7, 2005 and that during this time she may use a sprinkler to deliver the water to the sod; and WHEREAS, it is the intention of the Water Department to revise the Water District Regulations to allow for similar agreements in the future so that Shore Colony Water District residents are treated equitably and consistently. NOW, THEREFORE BE IT 518 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 RESOLVED that the Town of Queensbury Water Department is authorized to bill and to accept payment of $270 from Anita Sullivan as payment for water from the Shore Colony Water District for the period from June 23, 2005 through and including July 7, 2005. Such funds are to be applied to the benefit of the Shore Colony Water District; and BE IT FURTHER RESOLVED that in exchange for her payment of $270 the Town of Queensbury will forego any enforcement action against Anita Sullivan based upon her usage of water in violation of Shore Colony Water District Regulations for and in exchange for her agreement to pay the fair value of the water received; and BE IT FURTHER RESOLVED that Anita Sullivan shall be permitted to use a sprinkler to apply water to the sod at her residence located at 3 Honeysuckle Lane during the non-peak hours of 2:00 a.m. to 4:00 a.m. from June 23, 2005 through and including July 7, 2005. Duly adopted this 27th day of June 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Strough NOES : None ABSENT: Mr. Turner, Mr. Brewer Discussion held before vote: Supervisor Stec-Up in Shore Colony we have restrictions on the amount of water that people can use, restricted to hand held, we passed that local law a couple of years ago. Unfortunately a relatively new homeowner it sound like they made a good faith effort to find out if there were any restrictions, it sounds like they were given incomplete or inaccurate information, they ended up putting in a sod lawn to the tune of seven thousand dollars worth of grass. Bruce called me late last week the day after the town became aware of it the homeowner was very cooperative with Bruce’s suggestion which was we can provide going forward for these specific instances where somebody got a brand new lawn that they are going to put in that kind of scenario, not filling a pond or not watering on a routine basis but just I have a special circumstance a special rate for a two week window to say ok you can water a new lawn if you get this permit, application from the town and pay this amount. This is a separate district it is responsible for carrying its own share of expenses and it is very expensive because it is a very small district up there. Bruce and I talked about it, it looks like the agreement for this one that we allowed to go forward and eventually modify the local law I know that Ralph worked on this with Cathi Radner that Ms. Sullivan will pay two hundred and seventy dollars which is what Bruce has calculated to be the fair value of the water that they will be using for the next couple of weeks to allow her to water this lawn. It would be shame to allow a seven thousand dollar lawn to die, especially if there is a way to get fairness here as far as the water usage. So, this agreement for tonight’s resolution will be between the town and this water user, where she will be purchasing water from us to run rdth between two am and four am for a two week period from June 23 to July 7 for a total of two hundred and seventy dollars. In the interest of fairness you have to provide an allowance for future person who has a similar situation and that is what Cathi will work on in July or August to amend that local law to allow this to go forward in the future if somebody wants to put in a lawn. We may have one or two at the most in a year. Councilman Boor-The one thing that I think we should be careful of is using the term fair value. If this is the fair value that means we are over charging. We should not be making money on Shore Colony. If this decreased amount is fair value then what we would have charged, means that we are making a profit on it. Deputy Water Supt. Bruce Ostrander-I took last years expenses the amount of water we produced last year to get a dollar amount per gallon then we went up to her sprinkler system today and metered two of the three lawn sprinklers that she has so we could get a gallon per minute and then we took the time period and multiplied that together .. Councilman Boor-So she is not getting a 519 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 break,…that is my concern this is not a discounted price this is just an allowable use that would not normally be allowed. Deputy Water Supt. Ostrander-Right. Supervisor Stec- She tried to do everything right, did not get all the information that she needed but an honest effort was made and rather than see someone waste a seven thousand dollar lawn, I think this worked out well. Water/Waste Water Supt. Ralph VanDusen-When she was told that she could not water with the regulations she had plumbing changes made to try and use a well and the well went dry almost immediately. Supervisor Stec-We will be looking at a local law I am sure later this summer to address this going forward for the next person that may have this happen. Vote taken 4.0 The Meadows PUD Modification Request Presentation-Stuart Messinter Introduced Mr. Garth Allen who owns the golf course, and Mark Lavak who runs it. Stuart Messinger-Review the PUD-96 unit Sr. Housing Project – with one manager apartment – Mr. Allen would like to sell the property, the Michaels group would like to buy it, the area approved for Senior Housing and construct thirty six townhouses, he would also like to construct twelve townhouses on the property mostly on the Bay Road frontage…the net reduction in density is from 97 to 49. the Michaels portion of the project is in the Glens Falls School Dist. The net gain from the remaining part Mr. Allen’s ownership would be about a dozen units, that would be approximately eight to ten children. We also did a quick trip calculation between the two projects-the revision would be slightly higher on the order of a dozen or more trips. Does this makes sense and will the Board support this? Supervisor Stec-Conceptually the Town Board has seen this before.. Executive Director Marilyn Ryba-Last time the entire Board saw this was in February and the discussion was having additional units off from Meadowbrook Road, Mr. Messinger came in June and met with Dan and I, we saw the additional units off Bay Road, made a couple of suggestions and talked about going forward. Because this is a single property we have to look at this entire project as a whole, so having separate applications come in doesn’t meet the SEQRA issue of segmentation. You could do a PUD consistency however there is a zone change in that there is area that was open space that is now proposed for housing. In looking at that and a number of other items. Staff determined that it would be undera rezoning process. The project would be presented the zone change is done at the same time as either a subdivision or PUD change. We have two different developers, developing different aspects of the project. Representative of Project-Noted that we cannot amend the PUD with two separate applications…there needs to be one application….is it still necessary to go through the rezoning process as opposed to amending. Sr. Planning Stu Baker-What is the proposal for some units on Bay Road? Representative of Project-We have a sketch when we met with Dan and Marilyn…you brought my attention to some design requirements that are an amendments to this sketch. We have not moved it forward pending this meeting. Sr. Planner Baker-That is not reflect in this? Representative of Project-No, I can fill it out really quick. Sr. Planner Baker-This does not reflect the recent land swap… Executive Director Ryba-Spoke on the need of coordination in the project…concern with SEQRA. Representative of Project-The question still stands is it necessary to go through the length 520 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 of the rezoning process or can we give you an EAF? Executive Director Ryba-They are not extensive issues, technically it is a rezoning.. Sr. Planner Baker-The environmental review is different we are not proposing twelve units on what was previously reserved as open space in the original PUD, we are also looking at units in the area that the Dreps Cerniglia subdivision plan identified as Army Corp. of Eng. Wetlands. Those need to be taken into consideration with these changes. In the proposed PUD amendment that Mr. Lapper forwarded to the Board he made reference to the addition of ten units off from Bay where what we have been seeing from Chazen Co. shows twelve. Representative of Project-I think that number came arbitrarily the last time we met. Representative of Project-I would like to amend the PUD as a single application which would come from the landowner, submit a long form EAF, give you a comparison of trip generation and estimation of school children impacts, look at wetlands over here we had started out on Meadowbrook because we had a wetlands issue of there. Stu has raised the question as to whether this access should come rather than off from Bay should come off the cul de sac, I think that is more of a site plan issue. Mr. Allen-I have been working for twenty years to keep the golf course for the Town and we are at the point financially that if we can’t make this happen and the Michaels Group gets in there timely to get construction started this year I do not see the golf course surviving another year. Executive Director Ryba-Can both site plans be submitted at the same time? Noted if it was coordinated with the Michaels Group would save time. Representative of Project-The coordination is not a problem it is the level of detail. I cannot speak for them in respect to their ability to pull off an engineering plan at this point. Sr. Planner Baker-Questioned the Town Board Members, is this going to be an amendment or rezoning? Councilman Strough-Questioned where will we gain open space? Representative of Project-You are loosing density… Executive Director Ryba-If you are looking for PUD amendments/consistency it goes in front of the Town Board, the Town Board asks for the Planning Board recommendation, and because of the change here. Councilman Strough-This is more commercial in nature than it is residential, you are making it residential and I am not happy with that. Representative of Project-The idea here is that it is going to be a much smaller development… Councilman Strough-You are going to have to bring in the whole picture so we will have to do a comparison. Representative of Project-It is easy to bring a consolidated proposal to you the question still hangs out there in terms of process. Councilman Boor-We still have enough of a mix that is qualifies for a PUD correct? Executive Director Ryba-That was resolved some time ago when it first came in for the Senior Housing and that was that it was golf course, but there was supposed to be an additional clubhouse and then in looking at the intent of the PUD the intent was for residential and commercial but at that time with Senior Housing to get the low income 521 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 housing tax credits part of the application was that they had to show that there was enough of a commercial mix in the area that would accommodate the seniors. Councilman Strough-This is the land swap over here so we were assuming when we made the land swap that we were gaining open space and giving up commercial…it was a one to one swap. Councilman Boor-Your point is valid I am not sure that we would all agree that open space there is more important than here. Supervisor Stec-Four months ago it was forty eight units total on this PUD down from ninety seven and we knew where thirty six of them plus or minus were going to go and these last ten we were thinking probably Meadowbrook but we did not know for sure. The only thing that is different in my mind now is we know where the extra ten are and they are not on the east side of the PUD they are on the west side of the PUD and maybe we don’t like them on Bay Road because that is new. Councilman Strough-The assumption was if there were trading open space for commercial on a one to one that the open space would remain open space. Executive Director Ryba-The fact that there is a road which abuts to the edge of the property indicates that in terms of planning that the Planning Board understood that, that development could occur off from there. Councilman Boor-At the Planning Board meeting I believe that discussion came up. Mr. Allen-We are not opposed to making it commercial we will do what ever you want… Representative of Project-Mr. Strough we have a sale with the Michaels Group that is contingent upon this rezoning. It is everything to this gentlemen’s livelihood to keeping the golf course open, can we work together to make a compromise to move this off to commercial, can we make it an office building? Councilman Strough-If this is going to save him for one year what’s going to happen next year. Councilman Boor-This is final once this is done… Representative of Project-We are reducing the zoning down to what we are asking for today and I think the trade off for the town is a win, win. It is a win, win because you do not have an apartment complex to be built … Councilman Boor-Can there be closure on the PUD if we grant this is there any mechanism by which we can give assurances that nothing else will be developed there? Or can they always come back and say we are still under what the original PUD was we just want five more … Representative of Project-We are going from a parcel that could handle seven hundred acres down to forty nine and he is willing to trade off an apartment complex for a high quality town home project and essentially a little corner of green space gets lost in the mix but I think the trade off is greater for the good of the community because it no longer has the senior apartment complex. Councilman Strough-The problem with it though it is just down the road, we have got that problem with somebody proposing residential in a commercial area. Representative of Project-If that is a concern we will make that a commercial … Councilman Turner-The thing of it is you were going to put ninety six units over there and now you are going to split them off and you are going to put these over here and reduce the number over there and that is a real thing that should happen because it is right near the curve near the brook … 522 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 Councilman Strough-I have no problem with reducing the housing over there, I have a problem with putting housing on an area that was one, dedicated to be open space by the PUD program and two it is residential in an area that we are trying to develop as commercial. Representative of Project-Can we compromise and make that an office building? We are at a disadvantage because of our timing here and the construction window that the Michaels Group will no longer be interested in this property if we do not meet it and number one Garth has not even paid his town taxes on the golf course because of the finances being what they are. We are reducing these densities down substantially we are at a disadvantage not having a full board here this evening with all due respect, we need your support we are willing to compromise how can we make it work and move it towards a resolution that we can all live with? Councilman Strough-I can live with this commercial. Supervisor Stec-The question before us is which two processes do we use? In any event it will come back to the Town Board for approval. Is there a disadvantage for the town to do an amendment?… Councilman Boor-This is outside of what is considered Bay Road? Executive Director Ryba-Yes. One of the difficulties that we have is the PUD’s historically in the Town have been amended and so the developers have asked for consistency in determinations and we really do not have a process in place for consistency determinations so we look at it as a rezoning for a number of reasons. Reviewed the process for rezoning. If you have everything in place for application we could do the site plan and subdivision at the same time. If you were looking for a consistency determination I would say that is something that could go in front of the Town Board for a resolution but it is going to be looking at that EAF and then resolving this, and I do not know how that is going to be resolved. Representative of Project-Nobody is going to want to invest in doing hard engineering without some read from the Board that it is an approvable idea. If I get a plan and bring it in how do I bring it in and how do I get a sense from the Board as to whether they like it? Supervisor Stec-I agree that this is the first time we as a full board are aware of Bay Road being the preferred option now but I remember that the total that we were reduced down to is forty eight now if we are going to look at that and say well, in order to make this go we will do commercial and the Board is fine with that I am fine with that. If for some reason we say no we want to stick to the forty eight residential units and I am looking at that then I am going to say I would rather see fewer curb cuts on Bay Road I would rather see something that is going to tie it into that other access road but that is a site plan issue. Councilman Boor-That was half the reason for this design in the event of something like that. Representative of Project-I do not think that Garth has any problem at all with accessing that as its driveway, in fact it would probably be preferred because the curb cut is already there. We have a golf course here, having some lovely town homes fronting on the golf course seems to be proper use of the land. Having that front building being commercial building that fronts on Bay Road would be a nice compromise, I think if you make them all commercial you are going to be looking at site plan constructions with having to put more blacktop down and more parking to accommodate these office buildings that are going to be built there and I do not think it is going to fit. Councilman Strough-If you came to me and you said we will use this as a trunk line this will be commercial this is commercial and we would increasing the tax base to the town without it burdening the town I could look at this a lot more favorably. 523 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 Representative of Project-The eight units fronting on the golf course being proper residential. Councilman Turner-Commercial in front would be all right but don’t forget you have Stewarts down on the corner, you have nothing between there and there, it is all residential Councilman Boor-Noted it is highway commercial. Councilman Turner-But in essence there is nothing there. Representative of Project-All buildings off the existing cul de sac, make the front building commercial conducive to the Bay Road Corridor Plan make the back two buildings residential fronting on the golf course. Councilman Boor-It would be a Planning Board decision but if I had my druthers two would be great..so you would have a nice look on Bay Road. Representative of Project-It is a compromise down to the number of units. Councilman Boor-But if you went the conservation easement route couldn’t he get some tax relief in that also? Sr. Planner Baker-A good question for his accountant. Representative of Project-It is such a compromise he is looking to just salvage his situation here, make a sale, and his goal is to take money from the sale and improve the source. The course needs better drainage, it needs improvements to the golf holes, he is looking for the sale to improve it to make it more of a town recreation center to introduce cross country ski trails, to introduce dog sledding to introduce winter sports on this property but he cannot make all those improvements without the sale and we cannot make this sale without moving forward at this point in time. Executive Director Ryba-In terms of the difference between a rezoning and consistency what the Board has to determine, is this change consistent with the original sketch plan. Councilman Strough-Here is an argument against rezoning, if we rezone this, what will be rezone it as? Executive Director Ryba-It is still PUD… Sr. Planner Baker-You are redefining what is allowed on that parcel within the PUD. Councilman Boor-From a political and from a practical stand point it might be the first individual to grant conservation easement in the Town of Queensbury and it might set the stage for others to follow that, yes this can be done, this is a good thing, not only did it help this person financial but it helped the Town by guaranteeing that this will stay open for ever. Supervisor Stec-What is the process from here? Executive Director Ryba-Re: Time line If you did a consistence determination on July thth 11 and they could get a site plan in by July 15 then you can get into the process that way. The consistence determination has to be based on the fact that you believe it is consistent with the original sketch plan. The way I would argue it is in the density and look at in terms of density in terms of the uses. Noted in some ways the office building works against it, because of the housing. Councilman Strough-The concept of a PUD is diversity and we are loosing the diversity slowly, all these diverse things are becoming single family homes. The only way to maintain diversity is to ask them to do something different. 524 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 Executive Director Ryba-But I am talking about consistency..is it the same or similar? You have to make that determination. If you wanted to have a resolution in July for an agreement that it is consistent with the original sketch plan. Then you may not be able to th come in with an application until August 15 anyway. Representative of Project-We would like the process to move forward. Executive Director Ryba-In terms of the Zoning Administrator he has not put it in writing, Stuart has. Stuart and Craig will work together and make the determination that it is a rezoning. Like I said technically there is merit to that but on the other hand, forty eight units was conceptually agreed to, it just was where it was going to go, there was concerns about that. Sr. Planner Baker-I would ask that the Town Board decide which process is more appropriate and staff will work on that. Supervisor Stec-We are asking you, you took a position is why we are here tonight, the position that staff took didn’t jive with what the applicant wanted so that is why we are having this discussion. I think it is really, after hearing what we just hashed through is there an advantage to the town or something that staff would feel strongly about either sticking to you guns or after this discussion are we saying it does not matter to us anymore. Executive Director Ryba-It sounds like it is a timing issue and the rezoning maybe the faster way to go. Representative of Project-I do not understand why rezoning is faster? Executive Director Ryba-If you submit the site plan and the subdivision at the same time. Sr. Planner Baker-Then you are doing a coordinated SEQRA review. Representative of Project-We will talk to the Michaels Group tomorrow, it is several months and many thousand of dollars to do those things and I do not know if people are going to want to go forward unless, we need some sense that this is a proposal that make sense to you. To have a consistency determination or some kind of sketch form, yes, we as the Town Board think that this is a good thing. Supervisor Stec-What I have heard tonight, we may not all agree as strongly but I think that there is a vision that has been laid out as a compromise that as an end game that we can live with and I think really the only question that we are talking about now is which of the two processes do we put you through. So, if your question is we do not want to start down this path if it is something that you are not going to approve, I think we found something that we can approve but the question is which of the two avenues do you want. Councilman Boor-I prefer amending. Supervisor Stec-Myself too. Representative of Project-The Michaels Group pretty much has their foot print they have their plan we are not looking to change that what we are looking for is a modification on Mr. Garths ends up with. Councilman Strough-When you come in for your modification before the Town Board you are going to have a plan that shows everything. There is going to be a land easement given to the Town. Councilman Boor-Conservation easement. Supervisor Stec-So, we are going to go with the modification after all. 525 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 Sr. Planner Baker-Re: Conservation Easement – suggestion the recipient of those easements could be the town we may not want it, the Queensbury Land Conservancy would be another option. I would suggest leaving that open. Councilman Boor-If that is something that we do not want I want something so that it doesn’t get chipped away at. Supervisor Stec-So we are crystal clear not a rezoning a modification. Agreed to by the Board. Requested that the applicant work with Marilyn… 5.0 Lake George Park Commission/the Fund for Lake George – Lake George Dunham’s Bay Milfoil Supervisor Stec-The Park Commission approached the Town two or three weeks ago and indicated that in the New York State Budget there is a 1.2 million dollar line item to fight milfoil state wide no one has applied for it yet, it is a new budget and the rules are not clear yet. The Park Commission/The Fund for Lake George they are talking about one acre approximately with the mats to kill the milfoil in Dunhams Bay they are applying for a sixty five thousand grant out of the 1.2 million. We will need to get the rules for the grant, the Fund would supply and secure the grant…the Fund would use the Town as a pass through and the Town would hire a contractor that is qualified…the Park Commission would serve a function similar to the Soil and Water has served in other kinds of projects they would over see it and do all the permitting for it. Right now we are in a holding pattern for The Fund to figure out how to get this grant and organize it. Councilman Boor-One acre and they determined where it was most needed in the Town of Queensbury? Supervisor Stec-They feel that Dunhams Bay has a defined milfoil problem. They would like to do this in late summer. 6.0 Curb/Sidewalk Bid Discussion Supervisor Stec-We would be using CIP, I assume, funds on sidewalks and curbs on Ft. Amherst and sidewalk repair in Broad Acres and this will complete the concrete work in Broad Acres. We received three bids, it was broken out for Curbs in Ft. Amherst Sidewalks in Ft. Amherst and sidewalks in Broad Acres in all three cases we had a single low bidder who has done work for us before - $123,000 approximately. Noted if CIP monies were used, we would have to have a public hearing. Do we want to do all of this project and pay for it through CIP or segment it? Councilman Boor-Noted having a road trip would be a good idea to look at situations like this. Councilman Turner-Why don’t we do Ft. Amherst and get it done, then move to the next one and do that one and finish it and then you are done with it. Supervisor Stec-The way it was bid he could do Ft. Amherst one year and Broad Acres the next the thing is I do not know what we would gain by doing that. Councilman Strough-I say lets get it done. Councilman Boor-I do not have a problem in getting it done. 526 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 th Supervisor Stec-July 11 a resolution will be prepared a resolution to set a public hearing to use CIP. 7.0 Pump Repair Water/Wastewater Supt. Ralph VanDusen-A few weeks ago we had a situation happen with one of our high lift pumps we had a flicker of power and one of the variable frequency drives was cooked. Called in a technician to look at it for repair, it was determined that the components of the drives had to be removed to be sent back to the manufacturer to be rebuilt. We are estimating the repairs will cost $35,000. we have no choice we have to fix it. We can look at other alternatives down the road. We will come to the Board with a resolution at the next meeting to transfer money from one account to the proper maintenance account to pay for it and authorizing the emergency repair. We have turned it in as an insurance claim. Councilman Strough-Questioned if Nimo would pay for it? Water/Wastewater Supt. VanDusen-I can tell you we can try but my past experience with Nimo it is not going to happen. Councilman Turner-How old are the drive units? Water/Wastewater Supt. VanDusen-Nine years old. Noted the repaired component will be back on Wednesday and Thursday it will be installed. 8.0 Cell Tower-Landfill Property Discussion Supervisor Stec-I cannot think of any reason why we can’t …locate a tower at the landfill.. Noted that the Town Counsel has looked into this. Executive Director Ryba-They would still have to go through site plan and APA. Sr. Planner Baker-Reviewed for the board the alternative site analysis. Executive Director Ryba-Part of the negotiation to think about, available space on the tower for the town.. Supervisor Stec-The consensus is that we are interested in looking into this, will have the Attorney draft a letter after he speaks to Marilyn to the Cell Tower applicant. 9.0 Time Line for Connector Road Supervisor Stec-Executive Director Ryba-dropped off a time line for the connector road, West Glens Falls EMS and the Park and Ride Facility … Executive Director Ryba-Noted that this is a very tight time line, we are at a point where we need to move. Discussion held – noted by Board Members that the new West Glens Falls EMS building will be available for town wide training purposes… Discussion held regarding reval-Councilman Boor and Councilman Strough expressed concerns regarding the reval…Supervisor Stec-suggested that they speak with the Town Assessor regarding their concerns. RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 322.2005 527 SPECIAL TOWN BOARD MEETING 06-27-2005 MTG. 31 INTRODUCED BY: Mr. John Strough 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 24 day of June, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury