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1997-09-22 SPECIAL TOWN BOARD MEETING SEPTEMBER 22, 1997 4:30 P.M. MTG#46 RES# 355-357 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN CONNIE GOEDERT TOWN BOARD MEMBERS ABSENT COUNCILMAN THEODORE TURNER COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER Supervisor Champagne called meeting to order. ATTORNEY MATTERS One matter for Executive Session\Coles Woods. PLANNED DISCUSSION ITEMS ADULT ENTERTAINMENT USES MORATORIUM Executive Director, Mr. Goralski-Spoke to the board regarding the moratorium on Adult Entertainment Uses noting it is expiring on October 7th. If Board is going to be doing something at the October 6th meeting they will have to extend the moratorium for thirty days in order to hold public hearings so you can do whatever you want to do with it permanently. Councilman Goedert noted the law as written needs to be worked on in regard to the meaning of semi-nude, nude model studio. Executive Director, Mr. Goralski questioned if nude model studio should be taken out completely? Councilman Goedert doesn't think it has anything to do with Adult Entertainment Uses. Attorney Schachner no matter how the law is drafted this is a topic for challenge. Executive Director, Mr. Goralski would like to include in the law some of the other things that at some point will be a problem. Councilman Monahan noted under Escort would like to see agrees to offers to act as a date for another person come out of law, Attorney Schachner agreed. After further discussion it was the decision of the board to have Executive Director, Mr. Goralski draft a law taking out these issues. Will look at definition of anatomical areas to see if he can come up with something better or different, will try to get a map made up for the October 6th meeting. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 355, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss matter of Cole's Woods. Duly adopted this 22nd day of September, 1997, by the following vote: Ayes: Mrs. Monahan, Mrs. Goedert, Mr. Champagne Noes: None Absent:Mr. Turner, Mrs. Pulver RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 356, 97 INTRODUCED BY: Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves into Regular Session. Duly adopted this 22nd day of September, 1997, by the following vote: Ayes: Mrs. Goedert, Mrs. Monahan, Mr. Champagne Noes: None Absent:Mr. Turner, Mrs. Pulver STORMW ATER REGULATIONS Present: Lake George Park Commission Mike White, Carl DeSantis, Tom Ordell, Wilson Campbell Executive Director, Mr. Goralski and members Lake George Park Commission spoke to board regarding amendments to Lake George Stormwaters Regulations. The way the regulation is written the Town has the choice of either adopting a Stormwater Ordinance. The Lake George Park Commission will enforce something similar to the model Ordinance. Noted everyone in the Town supports the efforts of the Park Commission to manage stormwater, there are concerns that need to be ironed out. Executive Director, Mr. Goralski noted his concern that the Ordinance is going to be very complicated for people, concerned about the amount of time it is going to take staff to administer this to walk people through the process. Councilman Monahan questioned what the economic impact is going to be from this. Mr. Goralski noted his concern that the Town will probably have to hire a Consu1tant to come up with an Ordinance. After the Town expends the money the Commission is going to have to tell the Town whether it is okay with it. Thinks the Town can come up with an Ordinance that meets the purpose of this model Ordinance, but thinks there will be some differences. Mr. Goralski noted he is against adopting the Ordinance the way it is written it is to complicated. Thinks they can come up with an Ordinance that deals with the high points that is substantially similar. Supervisor Champagne questioned if the reporting time would be extended? It has been talked about October 15th. They are govern by the State it depends on the changes in the draft whether another public hearing would be held. The Commission could probably consider the regulations in November if they don't go to another public hearing they could be filed and effective by the first of the year. Executive Director, Mr. Goralski questioned if the Park Commission will enforce the regulations until the Town adopts a local ordinance? It was noted the procedure is already set forth. Notices will be mailed that there have been amendments to the regulations each municipality shall be afforded a period of ninety days from the effective date of the amendments to make any necessary amendments to existing or approved plans or programs. When the municipality states their intent it must be adopted by a majority vote there is a time period of nine months from the date of the original notice for preparing the plan. Once the proposed plan is completed before you take formal action on it as an Ordinance that's when Commission will review, at the tenth month someone will have a Stormwater Permit. OPEN SPACE INSTITUTE Director of Recreation, Mr. Hansen updated the board regarding the status the Open Space Institute. In March redirected Mr. Martens to come back with a Management Plan in regard to Open Space Institute and Faith Bible Church. (copy presented to board) It goes back to January of 1996 when the first presentation was made regarding the possibility of a deal being made between OSI and Faith Bible Church. Noted right now there is a rough draft of a Management Agreement that Mr. Martens has developed. Mr. Martens started this in January 1996. They have negotiated an agreement where Faith Bible Church will end up retaining more property than what was originally anticipated and we agreed to provide a fifty foot buffer around the perimeter of the property to do an extensive tree planting and put up a long guard rail to stop the flow of traffic, bicycles, pedestrians into the church property. Have agreed to do that within twelve months of the closing on the property. Going through the process of having an Environmental Assessment done on the site called a Transaction Screen Process that protects them as the landowner. Councilman Goedert questioned how much property the Faith Bible Church will retain with the cemetery? Mr. Martens without having it surveyed somewhere around six acres. Councilman Goedert questioned if this piece of property could be accessed through the Hudson Pointe Nature Preserve? Mr. Martens the intent is to join the two pIeces. Director of Parks and Recreation, Mr. Hansen noted the City owns watershed property that dates back on both the east and west side of Clendon Brook. It was done to protect the watershed property back in the 1800's. Executive Director, Mr. Goralski noted Mr. Martens is looking for the Town to adopt the Management Agreement. Mr. Martens would like an indication from the Town that they are comfortable with the agreement. Councilman Goedert noted that she has spoken with Town Counsel regarding this matter, resolution to follow at next board meeting. INSURANCE CONSULTANT QUOTES Controller, Mr. Hess spoke to board regarding Insurance Consultant quotes. Noted he had hoped to have his report and recommendation regarding the five bidders tonight noted he will have it ready by next Friday. After further discussion it was the decision of the Town Board to have the Consultant fax the list to Mr. Hess by Thursday afternoon or sooner, Mr. Hess to contact board regarding matter. Mr. Hess noted that the CPA Contract will expire this year will submit resolution authorizing bidding that service for next year. Mr. Hess spoke to the board regarding Highway Superintendent, Paul Naylor's request for payment of equipment loaned to the Town. After further discussion it was the board's decision to have Town Counsel look into this matter further. Discussion held regarding Water Contract. Board went through changes in contract. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 357,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Meeting. Duly adopted this 22nd day of September, 1997, by the following vote: Ayes: Mrs. Monahan, Mrs. Goedert, Mr. Champagne Noes: None Absent:Mr. Turner, Mrs. Pulver No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury