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1997-06-02 TOWN BOARD MEETING JUNE 2, 1997 7:00 p.m. MTG. #26 RES. 224-236 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Theodore Turner Councilman Connie Goedert Councilman Carol Pulver TOWN BOARD MEMBERS ABSENT Councilman Betty Monahan TOWN OFFICIALS Town Counsel-Mark Schachner, Controller Henry Hess, Recreation Director Harry Hansen, Highway Supt. Paul Naylor PLEDGE OF ALLEGIANCE LED BY COUNCILMAN PULVER 1.0 PUBLIC HEARING PUBLIC HEARING A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 177 TO BE ENTITLED, "ZONING - EXEMPTION FROM SITE PLAN REVIEW PROCEDURES FOR CONFORMING DEVELOPMENT IN INDUSTRIAL ZONES" WHICH CHAPTER SHALL PROVIDE AN ADMINISTRATIVE PROCESS FOR GAINING APPROVAL FOR INDUSTRIAL DEVELOPMENT NOTICE SHOWN Supervisor Champagne-Opened the Public Hearing This is a project that has been under way now with the Board for I am going to say eight or nine months anyway. The purpose of which is to identify, industrial sites throughout the Town both heavy and light industrial and try to identify and to standardize some of the generic approvals so that the process when a developer or when a business comes into town we would like to be able to lead them by hand to site A or site B if that is the particular criteria in terms of a facility or a particular site they are seeking and be able to say to them, you know, here it is in Queensbury it has water, it has sewer, it has all these number of other infrastructure items ready to go. But, in addition to that it could even possibly have some of the other environmental issues that have been taken care of previously. So, with that as an introduction what more do we need Mark to add to that that would be of some help to the audience? Town Counsel Mark Schachner-I think perhaps would be helpful to point out that this is a, what I would call a rough draft of a proposed local law that is several significant steps away from adoption. Tonights public hearing is just the first step in what we anticipate being a detailed process that will likely include what is called a generic environmental impact statement as well, and in fact the proposed local law itself is essentially on the table for discussion purposes the criteria that would be imposed on the various industrial sites. In many cases in the proposed local law are still left blank, the actual numerical criteria. The principal purpose of the public hearing tonight is just to get the ball rolling in essence to hear any public comment or public input about this concept. Supervisor Champagne-So, I guess I see this as a pre-preliminary to going through a full EIS I guess we could say that. Town Counsel Schachner-That is what we anticipate. Supervisor Champagne-So, certainly we are a long way down the road but this is just kind of an introduction to those of you that are here this evening and even more so for the paper to put something in print as to the direction that the Town Board is taking with this issue. So, with that I would like to open it up to any of you that may have and I realize that it is kind of fresh probably in your sight this evening but at least it will give you a chance to take some time to spend with it and hopefully within the next month and a half or so we should be coming back at least for a second public hearing to even familiarize yourself and for you to have input as to the direction the Town Board may wish to take with this. So, it is open for public comment. Yes, Sir. I am sorry. Unknown-Come to the microphone? Supervisor Champagne-Yes, please. Your name? Mr. Paul Abess-Paul Abess, Queensbury, I just wanted to note that and question whether there would be an opportunity for the public to look at the actual sites that would be considered or be part of the plan? Supervisor Champagne-I certainly would not have a problem with that. Councilman Turner-A lot of those sites are already in the inventory we are just going to try to separate out the ones, you know that come closest to complying and probably utilize them. Mr. Abess-Because I do think it would be a good idea. Councilman Pulver-We will have a list. Mr. Abess-A list and a map I think would be excellent. Councilman Turner-We will have that. Mr. Abess-And then people can look at that criteria the data that is not in this proposal yet and see if it makes sense knowing where you are talking about. Supervisor Champagne-That is a good point. Town Counsel Schachner-The only thing, I would not want to confuse anybody with and I do not know if this is what Mr. Absess is getting at or not, when he says look at the sites, we are talking about private property. I am not sure we are in a position to say you could physically go on the property, but I do not think that is what you mean, I think you mean know what the sites are look at the criteria be able to go visit the sites and observe them and things like that and I would anticipate that would be totally, totally appropriate. Supervisor Champagne-Tim? Mr. Tim Brewer-Tim Brewer, Canterbury Drive I probably should look at the law before I ask questions about it but I just was wondering is this law being taken into consideration for the master plan and it says the list that you have here the exemption from site plan, I was under the understanding when Jim discussed this with the Planning Board that there still would be some sort of a review with the Planning Board is that so? Supervisor Champagne-That is correct. This takes us up to a certain limit but there will be other criteria that this will not totally cover. Mr. Brewer-So drainage and that type of thing will still be looked at by the Planning Board? Town Counsel Schachner-That is not my understanding. Supervisor Champagne-My understanding, iffor example, let me give you an example, I think what you are getting at, if we are not going to send out engineers to do perk tests, I do not believe that we are planning to do that Town Counsel Schachner-You are correct. Supervisor Champagne-We are not going to be doing that so when this person comes in and wants to have site A and there are certain limits as to what we are going to standardize if you will, ok, beyond that standard beyond that standardization test is, you fill that. The Board has preliminarily or previously approved beyond that, then that developer or that person is going to have to bring engineering in and do those kinds of tests, that is what I understand, now let me finish here so that he can correct me if I am wrong. Town Counsel Schachner-No, I think that you are correct Fred, that in many instances probably all instances the developer or applicant will have to have on site specific engineering data gathered and tests done but I do not think that is what Tim is asking about. Tim is asking about to what extent the Planning Board would still review that information. Mr. Brewer-Exactly. Town Counsel Schachner-And I think the answer is that the way I understand the proposed local law recognizing that we are a long way from adoption, under the format as I understand it as proposed by the Department of Planning and Development the idea be that both the applicant or developer meet these various criteria about permeability and drainage and storm water runoff and whatever the whole list of criteria are, then the principal purpose of this local law would be that the Planning Staff would be able to issue the approvals without meeting a sight specific Planning Board site plan approval, that is my interpretation. Mr. Brewer-So there will be absolutely no public hearing at all on any given site providing they meet the criteria that is set up in this law? Town Counsel Schachner-That is my understanding. Councilman Turner-That is correct, yea. Mr. Brewer-Don't you think that's? I do not know, I want to look at it but its kind of a .. Councilman Turner-Look at page 6 Mr. Brewer-I do not have a copy of it. Councilman Turner-Oh, you don't. Mr. Brewer-I am just reading what you have on here on the agenda, it says no review. I just, I do not know, I probably should look at the law more, but it just seems like. Councilman Pulver-There is going to be some very, very strict criteria that they will have to meet as an example, I will use, they will have to be permeability will have to be thirty three percent it has to be it can't anything else. Mr. Brewer-That's now true Carol but somebody can get a variance from that but I just think. Councilman Pulver-But if you get a variance you will have to go before the board. Mr. Brewer-Right but it closes, I guess what I am saying is that you say, this site right here in the Town can be developed it closes the opportunity for anybody any neighbor that might want to come in and comment on it because you are giving that approval before it is even here. I mean they have no idea what is going to be there. Now what the process is, if I am lacking for an example, but if a mill like say, what's the, Native textiles went into the site up on Corinth Road the neighbors know nothing about it until it is there. Is that what you are saying you are going to do? Councilman Pulver-No. Councilman Goedert-It will be published in the paper with the exemption determination and then the public can come forward at that time if they disagree with it. Mr. Brewer-Comments will be taken into consideration. I guess that was my big, question. Councilman Goedert-Page 6 Item 3. Supervisor Champagne-I think you are absolutely right though, you get a copy of the plan you are very involved with this get a copy of what we have here get a sense and a feel for what we are attempting to do and be comfortable with it. Mr. Brewer-I had an idea of what you want to do and I have no problem with it but I just do not want to see the process depriving anybody from concerns or questions they might have with a site. Councilman Pulver-I think a good idea would be, if you do get, we are not going to pass this tonight, get this though and even discuss it with the other Planning Board Members as well and discuss it on Planning Board night so that everybody is familiar with it and have a good idea exactly what is going on. Supervisor Champagne-So, I take it that the Planning Board has not reviewed this? Mr. Brewer-Nobody has gotten... Councilman Pulver-No, I am getting that feeling too and if that is the case these are certainly the people that have you, pick up the review after it has gone through a certain part of review that you should put this on your agenda and I will mention it to John to discuss it and then if he would have any other concerns it should come back to us. Mr. Brewer-Ok. So, this is not the end of the public... Councilman Pulver-No this is not the end of it. Supervisor Champagne-This is just the beginning. Mr. Brewer-The other question was is this being considered by the over all master plan committee? Councilman Pulver-I do believe that Mr. Brewer-Do they have a copy of it, considering it? Supervisor Champagne-Keep in mind this is our first ...draft, as I said earlier tonight this is a pre- preliminary really going out to the public. Mr. Brewer-I understand, but if! don't ask if they have a copy of it somebody might not. Supervisor Champagne-You are absolutely right, we would hope, I understand what you are saying, we would need to be able to cover the water front with this, believe you, we are not going anywhere with it until everyone is well aware and there is a sense of direction that we can get as to where we want to go with it. I just want to make, I guess myself understood and that is, we have been looking at this now for probably nine months maybe a little longer. This came about as a result of the completion that we are in out there in Saratoga County we will use that as an example. When business comes knocking on your door they are really not interested in a twelve month turn around time to get that first shovel in the ground or you are going to miss the boat and the boat is leaving. My goal and I will stand up in lights and say that is to reduce that timing to a level where industry will be looking at Queensbury, we are able to proceed and to process the application and get them in the ground sometime in less time. We want to send a message out there to the World that we are friendly to business and that we would certainly would like to give them the benefit if we are going to stay alive here in our economy. Mr. Brewer-I would also would like to make the point Fred that if you compare our process being the Town of Queensbury to Clifton Park to Saratoga to any other County or any other Town I think you will find by far that our process is much faster than anybody elses, just a note to keep in mind. Jim Martin has done that and I think our process is two months worth and everybody elses is four or five or whatever it might be. Supervisor Champagne-Good point. Dave? Mr. David Kenny-David Kenny, resident of the Town Queensbury. Is this for all Industrial Zoned property? Councilman Pulver-Just Light Industrial isn't it? Supervisor Champagne-It is light and heavy. We will be looking at all of it we will be looking at everything that is out there right now we will be looking at possibly others that may not be designated as light or heavy ok, that conceivably through the comprehensive plan might fall into it. Mr. Kenny-I guess my question is are there going to be two zones? One Industrial that needs site plan review and one some industrial that doesn't need or all industrial is no longer going to require site plan review? Town Counsel Schachner-I do not think there is a final determination on that yet, but I think the way that the Planning Department envisions this as a proposal is that all the industrially zoned property would have this procedure available if and application met a certain criteria. It sounds Dave, like you are getting the impression that there would no longer be site plan review for any projects in industrial zones and that is not the case because many projects would not meet the criteria and they would still need site plan approval. Mr. Kenny-If they do not meet the criteria they would need a variance, I believe, right? Town Counsel Schachner-No, I am not talking about the criteria in the zoning ordinance I am talking about criteria in this proposed local law. Once this proposed local law is enacted, if it is enacted as Carol Pulver says it will include a list of very, very strict criteria probably much more strict then what is in the Zoning Ordinance, so that if something meets these criteria it would be, would be able to get what we would call administrative approval from the Zoning Administrator. As Connie points out the proposals that that would be published in the newspaper in advanced so if people disagree they have an opportunity to appeal that, then there would be another whole category of projects that do not meet these criteria the real strict criteria so they cannot get administrative approval but they still meet the zoning ordinance criteria they go through the regular Planning Board site plan approval process. So, this would not if enacted this would not result in no industrial zone projects needing site plan approval. That would not be the result. Mr. Kenny-Without seeing the whole thing then, it seems a little, you know I own industrial property in one of the towns and next to nothing ..in the other end of the town and all of a sudden this guy is getting his approval without site plan and I am getting my approval, I cannot get people to come in because mine for what ever reason needs site plan it is not part of the zone I think you are open for a law suit. Councilman Goedert -You cannot look at it as a piece of property you have to look at the business that wants to be put on that piece of property. Town Counsel Schachner-That would not be part of the zone it is not, that situation that you just described could not occur because it would not be distrainable between one zone and other as Connie points out what is the proposed use, does it meet these criteria or not? If you had a proposed use that did not meet the criteria you are correct you could have somebody needing site plan approval in part A that doesn't need them elsewhere. Mr. Kenny-I just know originally what Jim discussed this with us in the QBA, was like we were going to try and get a good chuck of industrial property ready for development that these people would come in and you know what we felt, not to address the whole town, you know, something like an industrial park to get it so it is ready to fly and make it you know very feasibly for development to come in and do. Supervisor Champagne-Unfortunately we do not have that piece in the Town of Queensbury. Mr. Kenny-That would be a..1 think that is what other towns have done... Supervisor Champagne-Exactly you are absolutely right. Mr. Kenny-A section of land and gotten it ready for development we are not doing that we are just saying ok, you know, it seems to me we are just looking at ok, we are giving them help them a little bit but it is not really getting a piece of land and try to get a nice commercial piece of land ready for its development. Supervisor Champagne-I think I can't disagree with that, you are right on target. Mr. Kenny-It looks to me like its the way we are doing it, I could be wrong until the final, until I see the final it just doesn't seem, I thought we were going to look at land and try to get that ready? Councilman Pulver-We are going to try and get that ready I am looking at this we do have... Councilman Turner-We are looking at the Industrial land that is out there now that is zoned light industrial, heavy industrial we are trying to pick out those areas in the Town that might be eligible for such a thing as this that would fit into this program. That is what we are after. Mr. Kenny-Right That is what I am asking is that how it is going to be. Apparently, that is what I would like to see, this parcel, this parcel, are ready to be developed or closely but not all industrial in Town, that what I thought it was going to be. Site specific not broad brush. Supervisor Champagne-Lets take a couple of examples, take Carey Park and take the one down here off from Quaker Road ok, those are probably the two largest industrial sites we have got and add to that Ciba Geigy who knows maybe that will come back on line down the road. Given those, I am going to call those the major sites ok, now we have got some minor sites out there, we have got some two acres, three acres, five acres I am saying we are going to be looking at each one of those independently and individually and apply and apply criteria to each one of those. But, I would hope that across the Town anything that is zoned industrial light or heavy would have some kind of preliminary standardized if you will established pre-established ok's or approvals in order to eliminate the kind of timing that would go with it under normal circumstances. That is all we are trying to do is to reduce that time and still satisfy the neighborhood. Mr. Kenny-Like I say it needs a lot of work yet. Supervisor Champagne- I sure, it needs a lot of work to get to where we are, right Mark, we have put a lot of effort into this and will continue to do that. Thank's Dave, anyone else care to speak. Yes, Sir... Mr. Doug Miller-Doug Miller, Queensbury, I first want to say that the proposal the generic proposal generic environmental impact statement proposal I think is very much needed, I think it is moving in a real good direction. I do have a little bit of concerns along the same lines that Dave Kenny just had that if it is going to be broad brushed there may be areas and again coming up with specific examples is difficult but if I could take maybe one. When you have an industry that may want to come in that is going to have a tremendous amount of waste water you may have an area in the Town that maybe able to handle that but you may also have another area that may not be able to handle that. That is why I am still, the concern is to whether we are going to take the approach where all the areas will get the same approval or whether you are going to be able to say, sites 22,23, 24 if you are going to number them or whatever, meet the criteria for these types of uses. Where as these areas are going not meet that criteria? Councilman Pulver-Have you seen this yet? Mr. Miller-I have not seen it yet. Councilman Pulver-There is a thing in here on wastewater but I am going to use an example..1 am going to use an example on parking, supposing we say that the generic approval will be passed for any business that only needs ten parking spaces. That is one of the criteria. Well, there is not a whole lot of businesses that could get along with ten parking, but that would be in here, so as soon as a business came and needed eleven they would have to go through the entire process because they would not qualify. Now, these standards, although we are saying we are going to broad brush them are not going to be so lenient that actually I do not see them as being so lenient that people, that business are really going to come in and be able to get through without having some sort of review on some particular items, and wastewater happens to be a section in here, I am not going to read it to you but if you pick up a copy. Mr. Miller-Pick up a copy. Councilman Pulver-I mean that would be a big thing you are right we can't just. Mr. Miller-So, I am clear then it is going to be a broad brush set of criteria that is going to fit all the lots all the sites? Councilman Pulver-It may not fit all the sites. Town Counsel Schachner-Until the inventory is really done I think that is hard to say. That is certainly one way it has been envisioned and if there were real differences in the lands themselves and people have also talked about separate categories. Mr. Miller-That is the way I would hope that it would go. Idealy it would be nice if we had an area where we have got one hundred and fifty acres and its. .do the whole thing and ok. Supervisor Champagne-I sense using your example I will take traffic, we have got a traffic problem where the site is located right now we are not going to compound that by adding more traffic with a warehouse but if someone wanted to come in there and have some type of business that doesn't include or troubled by traffic maybe that could be identified as one of the criteria. It would seem to me, and I think I hear what you are saying that there is no way you are going to broad brush two, three, five different sites. I think when it comes to, unless you are going to do it in such a fashion that the generic approvals is such that is in a lower level that you really have not accomplished an awful lot. You hear what I am saying, if you really, that was my first goal, you know, are we really going to get in there and do the engineering do the testing for the perk test and are we going to look at the soils and are we going to look at all the butterflies is that really going to be our target now I understand that is not going to be the same. If there are butterflies found there then obviously it is up to that developer and test for that. So, broad brush I just do not see that happening. Mr. Miller-Ok. Do you have, obviously you got a rough draft of some sites that might be included in this? Supervisor Champagne-We have all the industrialized zones we have all the heavy and light industrial zones mapped and they have been mapped. Mr. Miller-This entails Supervisor Champagne-Yea. What I said acres, it could be a three acre site it could be Mr. Miller-I am just wondering in total, how many... Councilman Pulver-We could give you that information. We do not have it right now, Mr. Miller-Do you have an idea? Councilman Pulver-We could take it off the computer and give you that information. Mr. Miller-I was just curious, whether we were talking one hundred and fifty acres total or thirty acres or sixty acres, I know it is piece meal. Ok. Supervisor Champagne-Thank's Doug. Now who else did I see over here? Yes, Paul? Mr. Paul Abess-Do you envision kind of like a check list type of arrangement when someone applies and the Planners would go through and see whether it meets that and so it really would be up to the Planning Department to see whether the businesses meet the standards? Councilman Goedert-On the last few pages in here is ..check list. Mr. Abess- The only concern I have is if there is some types of judgement calls I do not know if you could put numbers on things such as maybe noise or traffic, that kind of thing, is that there is... Councilman Goedert-It says check list is to be based on NYSBECSAAS check list developed during GElS and then K says addresses noise. Councilman Pulver-To answer your question about that I would personally feel that the Planning Dept. knowing, with working, if there is any question rather than make the decision themselves they will send it to the Planning Board or whatever Board is involved with it to clearly study the project and come up with a determination. Councilman Goedert-It does not say that Carol. Mr. Abess-I think that is a great idea I do think you may end up backing into a corner again where people disagree on what environmental study is necessary or like the thing with Indian Ridge whether the traffic would have a adverse effect or not that kind of thing so it is good to leave an out and not just simply be a check list and have it one or two people's decision to go through and see because as a planner working for the Town you know there would be pressure to have it approved because everybody would like to see the business in there and would like to see more jobs and things. I just think it is good to have an arrangement where if there is controversy involved with going through the ..., when you were talking about certain elements could be measured clearly like the drainage for example but others can't. I just hope there is some way that other people can look at it other than just the planning committee and having it left up to one or two people. Councilman Goedert-There is also a way in which the public can call attention to it. Mr. Abess-Call attention to it? Councilman Goedert-It is going to be publicized ..the approval from the Planning Department and then there is public input on it if they disagree with it. Mr. Abess-Ifthey disagree then what would be the next procedure? Councilman Goedert-There are certain steps that have to be followed. Councilman Pulver-They can ask for a determination from another board, depending on where the process IS. Mr. Abess-That might pull in the Planning Board or ... Councilman Pulver-Right the Planning Board or Zoning Board or depending on what the issue is. Mr. Abess- Thanks. Supervisor Champagne-Anyone else? Yes, John. Mr. John Salvadore-My name is John Salvadore, I have not studied this very carefully but I do know in here many, many conditions under which this fast track plan is not applicable. Are you not holding out a false hope? I mean there are many reasons in here why this does not apply and it seems to be that we are beginning to determine what land is going to survive as light industrial, industrial land. If you do not fit this pattern you are finished. The other guy has got the edge on you because he does. You allow here, you said any person who is aggrieved by a decision of the Zoning Administrator, don't you have to be aggrieved and affected? I mean a guy living ten miles away, doesn't he have to live in the Town aggrieved by this can bring an appeal? You are going to be stopped in your tracks, there is bound to be some person somewhere that doesn't agree you know that. It could be false hope is all I am saying. Supervisor Champagne-Ok. Anyone else? Deputy Clerk O'Brien-I have a letter than has to be read. Supervisor Champagne-Please. Ltr. June 02, 1997 Supervisor Town of Queensbury 742 Bay Road Queensbury, NY 12804 "Zoning-Exemption From Site Plan Review Procedures For Conforming Development in Industrial Zones" Dear Town Board Members, I am aware that a public hearing will be held today in reference to the above captioned amendment to local law. Prior commitments do not allow me to attend this hearing, but I wish to make the board aware to some concerns that I have with this pending resolution. In Section 177-3 (Purpose), the third paragraph in part reads "determines that the "pre-approved" Performance Standards adopted herein..... " but when one refers to Appendix A814 in the rear of the proposed amendment no criteria has been defined in this section to substantiate the intent of the law. In specific, Sections A-J of the appendix have been omitted from any specific threshold of definitions for each section listed. The note in the beginning of the section clearly states that these are merely "examples" and are "included in this draft for illustrative purposes only". I would urge the board to specifically indicate each threshold as defined in Section A-J of the Appendix before this amendment of local law and addition to Chapter 177 is officially adopted. In Section 177-9-A-2, "Zoning Board Review and Judicial Review" referenced specific to: "Objections to the Zoning Administrator's determination must be substantive and significant and directed specifically to the valid bases of objection identified above; generalized statements of opposition to the Project are not sufficient to raise a valid basis of appeal under this Section" This section needs further definition, as it does not identify who or what entity determines if the objections are indeed "substantive or significant". I would urge the Town Board to further define these purposed sections and to hold off on approving this amendment pending clarifications to these specific areas. Thank you for the opportunity to view my questions and concerns over this proposed amendment. Sincerely, /s/ CraigE. MacEwan 3 Candleberry Drive Queensbury, N.Y. 12804 Supervisor Champagne-With that we will close that public hearing. 7:34 P.M. PUBLIC HEARING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET-DEXTER SHOES ROUTE 9 NOTICE SHOWN Supervisor Champagne-Opened the meeting. Yes, Sir. Mr. Kevin McDonnell-Dexter Shoes Supervisor Champagne-Do you want to tell us a little bit about what your plans are and your intentions under this Transient Merchant License? Mr. McDonnell-The intention is to display and display only customized three wheel motorcycles during the Americade in my parking lot. Supervisor Champagne-Ok. Weare going to have display of what we call Lehman Trikes is that correct? Mr. McDonnell-Yes. Supervisor Champagne-This is some kind of a three wheel motorcycle kind of thing? Mr. McDonnell-A customized conversion. Supervisor Champagne-Is there anyone other than this gentleman to speak for or against this Transient Merchant License Application? Councilman Turner-He said just display, remember that. They are on display he takes the orders and goes back and ... Mr. McDonnell-Right, these are custom built from scratch motorcycles, just to clear the air, no money. Supervisor Champagne-He will not take them apart and putting them back together again is that what I understand? Mr. McDonnell-I hope not, not in my parking lot. Supervisor Champagne-Unless he buys shoes, right... anything from the Board. Councilman Turner-I do not have a problem with it at all. Supervisor Champagne-Can't generate any anxiety here on selling motorcycles in a shoe shop.. Unknown-Display Supervisor Champagne-Display, that is right excuse me there is a difference. Ok. I guess I will close the public hearing and we will have a vote, is that where we are? RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR DEXTER SHOES (KEVIN MC DONNELL) FOR DISPLAY AREA FOR 3-WHEEL CONVERSIONS FOR MOTORCYCLES ON JUNE 3-7, 1997 RESOLUTION NO.: 226. 1997 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Kevin McDonnell, on behalf of Dexter Shoes, has made application to the Town Board of the Town of Queensbury for a Transient Merchant and/or Transient Merchant Market license for a display area for 3-wheel conversions for motorcycles at 1499 State Route 9, Queensbury on June 3-7, 1997, in accordance with the provisions of Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, on or about May 20, 1997 the Town of Queensbury Planning Board adopted a resolution recommending site plan approval of Mr. McDonnell's transient merchant market proposal, and WHEREAS, on or about May 14, 1997, the Warren County Planning Board also recommended approval of the proposal, and WHEREAS, a Notice of Public Hearing was published in the official newspaper of the Town of Queensbury and a public hearing was duly held by the Town Board of the Town of Queensbury in connection with the license application on June 2, 1997, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, upon reviewing the requirements set forth in ~160-8 of the Code of the Town of Queensbury, hereby grants a Transient Merchant and/or Transient Merchant Market license to Dexter Shoes (Kevin McDonnell) for a display area for 3-wheel conversions for motorcycles at 1499 State Route 9, Queensbury, subject to the following: 1. Queensbury; Mr. McDonnell must pay all fees as required by Chapter 160 of the Code of the Town of 2. Mr. McDonnell must submit a bond in the amount of $10,000 as required by Chapter 160 of the Code of the Town of Queensbury; 3. Mr. McDonnell must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only from June 3rd through June 7th, 1997, and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Mr. McDonnell must comply with all of the regulations specified in ~160-8 of the Code of the Town of Queensbury. Duly adopted this 2nd day of June, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: Mrs. Monahan Discussion held before vote: Supervisor Champagne-Asked a member of the public to come forward and give his name for the record. Mr. John Bordeau-Mr. John Bordeau from Queensbury I may just have this confused with a law that was discussed a couple of meetings back in the Transient Merchant Law isn't the merchant that is going to be like in a parking lot, don't they have to be within the confines of the Town of Queensbury to begin with? Town Counsel Schachner-This is taking place within the Town of Queensbury. Mr. Bordeau-Not necessarily in this case Dexter but the motorcycle company? Town Counsel Schachner-This is Dexter.. Councilman Turner-They have to be from Queensbury? Mr. Bordeau-Yes. Councilman Turner-No. Tonw Counsel Schachner-There is a fee. Councilman Turner-There is a fee to that. Town Counsel Schachner-There is a fee they pay to do business.. Mr. Bordeau-I must have it confused. Town Counsel Schachner-I bet he is thinking of the off-site sales events... Councilman Pulver -Yes, I think so too. Supervisor Champagne-Thanks good question.. Closed the public hearing 7:40 P.M. VOTE TAKEN Mr. McDonnell-Do I need an official permit on the premises while they display? Supervisor Champagne-You need to meet tomorrow with John Goralski and get everthing cleaned up... 2.0 CORRESPONDENCE Ltr. - ON FILE D.O.T. NOTICE OF ORDER 65 MPH ON NORTHBOUND AND SOUTHBOUND ROADWAYS OF IR 87 BETWEEN RM 1000 (Saratoga-Warren County line) and RM 1388 (Warren-Essex County line), a distance of 39+- miles, in the Village of Lake George and the Towns of Queensbury, Lake George, Bolton, Warrensburg and Chester. 3.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. , 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 182 ENTITLED, "CIVIL ENFORCEMENT" RESOLUTION NO. 227, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No. _, 1997 to Amend the Code of the Town of Queensbury by adding a new Chapter 182 entitled, "Civil Enforcement," which Chapter shall provide additional enforcement provisions to the existing Town Code, and WHEREAS, such legislation is authorized pursuant to ~ 10(2), (4)(b) of the New York State Municipal Home Rule Law and ~65 and ~135 of the New York State Town Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 16th day of June, 1997, to consider said Local Law No. _, 1997 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1997 in the manner provided by law. Duly adopted this 2nd day of June, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION AUTHORIZING EXECUTION OF DEPARTMENT OF THE ARMY CORPS OF ENGINEERS PERMIT CONCERNING THE HUDSON RIVER PARK AND RECREATION AREA RESOLUTION NO.: 228,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously authorized and approved the Hudson River Park Project and as part of that project, a permit is required from the Department of the Army Corps of Engineers, and WHEREAS, the Town of Queensbury has submitted a permit application to the Department of the Army Corps of Engineers in September, 1996, and WHEREAS, the Department of the Army Corps of Engineers has forwarded their permit to the Town of Queensbury for signature, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to sign the Department of the Army Corps of Engineers Permit concerning the development of the Hudson River Park and Recreation Area. Duly adopted this 2nd day of June, 1997 by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO.: 229.971997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain departments have requested transfers of funds for the 1997 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1997 budget: PLANNING/FIRE MARSHAL: FROM: TO: $ AMOUNT: 01-8020-4400 (Misc. Contractual) 01-8020-2010 (Office Equipment) $ 312. 01-3410-4400 (Misc. Contractual) 01-3410-2010 (Office Equipment) $ 112. 01-3410-2001 (Misc. Equipment) 01-3410-2010 (Office Equipment) $ 200. and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 2nd day of June, 1997, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING EMPLOYMENT OF 1. KENNETH FRASER AND ASSOCIATES, P.C. TO PROVIDE ENGINEERING SERVICES IN CONNECTION WITH THE QUEENSBURY FOREST SUBDIVISION RESOLUTION NO.: 230.1997 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously authorized engagement of 1. Kenneth Fraser and Associates, P.e., to provide geotechnical and engineering services regarding the analysis of surface and subsurface drainage in the area in and around Phase III of the Queensbury Forest Subdivision, and WHEREAS, as a result of the services performed by 1. Kenneth Fraser and Associates, P.e., the Town Board of the Town of Queensbury has determined that further engineering services are warranted in connection with the study, design and construction of drainage improvements to the Queensbury Forest Subdivision, and WHEREAS, 1. Kenneth Fraser and Associates, P.C., has offered to perform the required engineering services in connection with the study, design and construction of the Queensbury Forest Subdivision drainage improvements including, but not limited to, meetings, geotechnical investigations, water quality sampling and analysis, surveying, mapping, design, preparation of contract documents, bid administration, construction administration and construction observation, and WHEREAS, 1. Kenneth Fraser and Associates, P.C., has offered to provide these services on a per diem basis at their published hourly billing rates, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute an agreement between the Town of Queensbury and 1. Kenneth Fraser and Associates, P.C., for the services referred to in this resolution, said agreement to be in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, 1. Kenneth Fraser and Associates P. e. shall have their report to the Town Board by September 30, 1997, and BE IT FURTHER, RESOLVED, that the engineering services shall not exceed the amount of $7,500 without further Town Board Resolution and shall be paid for from Account 01-8540-4400. Duly adopted this 2nd day of June, 1997 by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Monahan Discussion held-The Board added to the original resolution that the report shall be filed with the Town Board by September 30, 1997... RESOLUTION APPROVING SALE OF TRUCK CRANE BY HIGHWAY SUPERINTENDENT RESOLUTION NO.: 231. 1997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY : Mrs. Carol Pulver WHEREAS, Town Highway Superintendent Paul Naylor has requested Town Board approval to sell one used truck crane to the Saratoga-Washington-Warren-Hamilton-Essex Counties BOCES (BOCES) for the amount of $2,000, and WHEREAS, pursuant to ~142 of the New York State Highway Law, the Town Highway Superintendent may, with the approval of the Town Board, sell any such machinery, tools, implements and equipment which are no longer needed by the Town, and WHEREAS, the Town Highway Superintendent has deemed that the Town of Queensbury has no further use for this truck crane, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Town Highway Superintendent's sale of a used truck crane to BOCES, subject to the Town of Queensbury's receipt of a waiver of liability from BOCES in form to be approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the proceeds of the sale will be deposited in the appropriate Town account in accordance with Town policy and Laws of the State of New York. Duly adopted this 2nd day of June, 1997, by the following vote: AYES Mrs. Pulver, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING CHANGE ORDER PROCEDURE FOR HUDSON RIVER PARK PROJECT RESOLUTION NO.: 232.1997 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury previously authorized and approved the Hudson River Park Project and as part of that project, entered into a contract with NuTech Construction for the construction work, and WHEREAS, Harold Hansen, Director of Parks and Recreation, by his memo dated May 29, 1997, has informed the Town Board of the Town of Queensbury that NuTech Construction may submit minor change order requests for the construction of the recreation facilities, and WHEREAS, Mr. Hansen has requested that the Town Board authorize the Town Supervisor to execute minor change orders on the construction project without specific individual Town Board authorizations in order to allow the construction process to be completed expeditiously within its relatively short time frame and without unnecessary interruption. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute any necessary change orders and/or other documents concerning the Hudson River Park Project up to an amount of $5,000, so that the Park may be constructed on schedule. Duly adopted this 2nd day of June, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION APPOINTING JOHN S. GORALSKI AS ZONING ADMINISTRATOR AND EXECUTIVE DIRECTOR OF PLANNING, ZONING AND CODE ENFORCEMENT RESOLUTION NO. 233. 1997 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by previous resolution the Town Board of the Town of Queensbury established the positions of Executive Director of Planning, Zoning and Code Enforcement and Zoning Administrator and appointed Mr. James Martin to said positions, and WHEREAS, Mr. Martin recently resigned from these positions effective May 23, 1997 and therefore the Town Board of the Town of Queensbury wishes to appoint a new Executive Director/Zoning Administrator, and WHEREAS, the Town Board of the Town of Queensbury posted availability for the position, reviewed resumes and interviewed interested candidates, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints John Goralski to the position of Executive Director of Planning, Zoning and Code Enforcement and Zoning Administrator with his term to begin Tuesday, June 3, 1997 at a salary of $42,000 per annum to be paid on a prorated weekly basis, and BE IT FURTHER, RESOLVED, that John Goralski shall be eligible for permanent appointment to the Executive Director/Zoning Administrator position subject to a six month probation period, and BE IT FURTHER, RESOLVED, that should the Town Board appoint Mr. Goralski to permanent status after the six month probation period has expired, the Town Board shall continue to pay Mr. Goralski the $42,000 salary per annum through December 31, 1998. Duly adopted this 2nd day of June, 1997 by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION OPPOSING DREDGING OF THE UPPER HUDSON RIVER AND CREATION OF A TOXIC WASTE LANDFILL RESOLUTION NO.: 234.1997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the U.S. Environmental Protection Agency is reassessing its 1984 decision not to dredge the Upper Hudson River to remove buried sediment containing PCBs, and WHEREAS, the EP A has recently released a report that suggests the Agency may be preparing to reverse its position and order dredging, and WHEREAS, PCB landfill projects have twice before been proposed for agricultural properties in the Town of Fort Edward and have twice been stopped through legal action, political action and the vigilance of citizens of Fort Edward, Washington County and surrounding communities, and WHEREAS, the Town Board of the Town of Fort Edward has steadfastly opposed Upper Hudson River remediation options that involve PCB dredge-and-Iandfill projects of any kind, and has asked other municipalities to join Fort Edward in opposition to such projects based on their negative regional impacts, and WHEREAS, a PCB dredge-and-Iandfill project would have significant, long-term adverse environmental, economic and social consequences for all Upper Hudson River communities, especially affecting the agricultural industry, which depends on consumer confidence in the purity of its products, confidence likely to be undermined by the presence of a hazardous waste landfill; and especially impairing the continuing efforts to make local communities attractive places to live, work and raise families because a PCB landfill would destroy forever the pastoral quality of life that is our greatest asset, and WHEREAS, a Hudson River dredging project would disrupt normal recreational use of the river and jeopardize future public and private investments in river-related amenities affecting the entire Upper Hudson region, and WHEREAS, the mere possibility of a PCB dredge-and-Iandfill project adversely affects land values throughout the Upper Hudson region and discourages private investment that might lead to the creation of new jobs, and WHEREAS, representatives of Washington County and many local governments have taken an active role in EP A's public meetings and have repeatedly asked EP A to evaluate all of the adverse impacts of a PCB landfill on the resources and economy of the county, and WHEREAS, EP A has conducted no such evaluation and has made no commitment to conduct such an evaluation before any decision to establish a PCB landfill is reached, and WHEREAS, a significant body of scientific evidence demonstrates that conditions in the Hudson River are improving, with PCB levels declining in water, sediment and fish, such that the State of New York has reopened the catch-and-release fishery in the Upper River, and WHEREAS, dredging contaminated sediments has been shown to be ineffective in improving environmental conditions elsewhere, and WHEREAS, there is no credible scientific evidence that dredging sediments from the bottom of the Hudson River would significantly accelerate the improvements already taking place as a result of ongoing remediation work and the river's natural recovery processes, and WHEREAS, EP A itself determined in 1984 that a major dredging project "could be environmentally devastating to the river ecosystem and cannot be considered to adequately protect the environment," (USEP A, Superfund Record of Decision at Page 8) and determined that "the actual reliability and effectiveness of current dredging technologies in this particular situation is subject to considerable uncertainty," (Decision at Page 11), and WHEREAS, EP A recognized that the many tons of material to be removed in a dredging project would require an "impractically large containment facility" (Decision at Page 8), and WHEREAS, the Town Board of the Town of Queensbury finds there is no demonstrated environmental benefit to a dredge-and-Iandfill project on the Hudson River and many unmitigated long- term negative environmental, economic and social consequences affecting the entire region would result, and WHEREAS, the Town of Fort Edward Town Board has requested that the Town of Queensbury Town Board join it and other communities in opposition to the proposed dredging project, and WHEREAS, the Town Board of the Town of Queensbury finds that a dredge-and-Iandfill project would be a gross, unwarranted and unnecessary insult to the Hudson River itself and the communities of the Upper Hudson region, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, in concert with the Town Board of the Town of Fort Edward, hereby expresses its opposition to Hudson River remediation measures that involve dredge-and-Iandfill efforts of any kind and hereby authorizes and directs the Town Supervisor to transmit notice of such opposition, in writing, to U. S. Environmental Protection Agency Administrator Carol Browner; Region II USEPA Administrator Jeanne M. Fox; U.S. Sen. Daniel Patrick Moynihan and U.S. Sen. Alphonse D'Amato; U.S. Rep. Gerald B. Solomon; New York Gov. George E. Pataki; Acting New York State Environmental Conservation Commissioner John Cahill; New York State Sen. Ronald B. Stafford, and New York State Assemblyman Bobby D'Andrea and New York State Assemblywoman Elizabeth Little. Duly adopted this 2nd day of June, 1997, by the following vote: AYES : Mrs. Pulver, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: Mrs. Monahan Discussion held-Supervisor Champagne-We have been asked by the Town of Fort Edward to join them in a resolution to the State and certainly to the Federal Government indicating that we are opposing the dredging of the Hudson River south of the General Electric and at the same time planning a landfill over there of the dredged material. So, we do not believe that in the good spirit of supporting one another communities that we are going to object to that. 4.0 PLANNED DISCUSSIONS NONE 5.0 TOWN BOARD MEMBER MATTERS Councilman Pulver-Will report on Water Committee Meeting at the next workshop. 6.0 ATTORNEY MATTERS NONE 7.0 OPENFORUM Mr. Salvadore-Spoke on the North Queensbury Sewer...asked about funds... Supervisor Champagne-There is concurance that what ever has been appropriated for each project would remain at that level.. .Mr. Lamy would be going to the EP A to see if there are additional funds. Mr. Salvadore-Re: Employment of Mr. Frasier-was there an RFP prepared for that? Supervisor Champagne-Interviewed this firm two one half years ago...they have done previous work up there the board agreed after hearing the update to rehire him... Mr. Salvadore-Dunhams Bay Road-RE: Street light... Councilman Turner-Waiting for report from State on the counter.. Mr. Salvadore-This road was number 2 or 3 on problem areas for storm water management in North Queensbury is it time to bring this into focus? Supervisor Champagne-Not in my opinion. Mr. Salvadore-There is an intermittent stream that runs across this road, runs across our property first are we supposed to build the dam to contain the flow in that stream? Supervisor Champagne-I cannot answer that. Mr. Salvadore-Any work on this road, in the boundary of the NYS right of way I think you will need a permit for. Questioned meetings on the North Qsby. Storm water management plans, and the Lake George Conservation project moving ahead, what are the plans? Supervisor Champagne-Mr. Goralski will lead that process...there has been discussion with Mr. Naylor... Mr. Douglas Miller-RE: Phase II Aviation Road Project - Asked if the reports have been received? Councilman Goedert-We have not received them at this point....have not asked Mr. Naylor if he had received them... Mr. Douglas Miller-What kind of guidelines was he given. Councilman Goedert - I believe he was given what you had at your meeting up on the wall and there was some conversation brought up as to sidewalks and shoulders and they were going to work on the property line...to my knowledge there is no plan that I know of that is black and white here there is no decision on what design is being used, we are waiting for what he sends back to us and then the decision will be made. Mr. Miller-Did the Highway Committee give him some guidelines as to what they were looking for in his final? Councilman Goedert-We give him the information and said to him to bring back to us ... Mr. Miller-You gave him the information from Harza. Councilman Goedert-Right. Mr. Miller-That did not address pedestrian issues at all. Councilman Goedert-There was a discussion that went on in reference to that. Councilman Pulver-Pedestrian traffic was discussed. Councilman Goedert-I do know that there is a problem with property lines, but I cannot make comments until I get the plan from him. .. Mr. Miller-The property lines that are shown on Harza are, mayor may not be in fact be completely accurate, the property lines is that what you... Councilman Goedert-When I said property lines I mean for whatever plan he has to work within those property lines. Supervisor Champagne-Anyone else care to speak? On one spoke...Closed... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 235.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session- Attorney Client Priviledge. Duly adopted this 2nd. day of June, 1997 by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION TO ADJOURN EXECUTIVE SESSION AND REGULAR MEETING RESOLUTION NO. 236.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board meeting is hereby adjournes, its Executive Session and Regular Session. Duly adopted this 2nd. day of June, 1997 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES; None ABSENT: Mrs. Monahan Respectfully submitted, Miss Darleen M. Dougher