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2000-09-11 REGULAR TOWN BOARD MEETING SEPTEMBER 11, 2000 7:00 p.m. MTG. #38 RES. 362-374 B.O.H. 29-30 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN BOARD MEMBERS ABSENT COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER TOWN COMPTROLLER HENRY HESS EXECUTIVE DIRECTOR CHRIS ROUND PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DANIEL STEC SUPERVISOR DENNIS BROWER-It is a pleasure to see you all here tonight and it is my great honor to pay a tribute to a special individual this evening, I would like to ask Jack LaBombard to come forward. (Supervisor Brower read the following resolution) RESOLUTION DECLARING SUNDAY, SEPTEMBER 17TH "JACK LABOMBARD DAY" IN THE TOWN OF QUEENSBURY RESOLUTION NO. 362.2000 INTRODUCED BY: MR. DANIEL STEC WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. TIM BREWER WHEREAS, Jack LaBombard, a SUNY Cortland graduate of 1963, has excelled on the local, national and international levels, as a dynamic amateur wrestling coach; and WHEREAS, Jack LaBombard, during his 31 years as Head Coach, guided Queensbury Wrestling Teams to over 300 wins, 22 league titles and 19 Class B Championships, and WHEREAS, Jack LaBombard, guided 38 boys to the NYS Wrestling Championships, with 19 boys becoming state finalists and two winning NYS Championships; and WHEREAS, Jack LaBombard was Foothills Council Chairman for 10 years, Section II Chairman for 3 years, Section II "Coach of the Year" in 1982 and 1986, Section II Team Coach at NYS Intersectional Championships in 1983 and 1986, and the Adirondack Freestyle Team Coach at Empire State Games in 1983; and WHEREAS, Jack LaBombard served as Head Coach form 1968-1972 at Adirondack Community College and inspired ten of his former wrestlers to become Wrestling Coaches in New York and Virginia; and WHEREAS, Jack LaBombard, as Vice-President of the Board of the National Wrestling Coaches Association, played a large part in policy-making for amateur wrestling at the national level and WHEREAS, Jack LaBombard coached the 1996-1997 Queensbury High School Wrestling Team to a year-long #1 ranking in New York State and at year's end he was voted New York State high School Wrestling Coach of the Year; and WHEREAS, Jack LaBombard retired from active coaching in July 1997 and embarked on an aggressive and successful campaign, with Olympian Wrestler Jeff Blatnick and Governor George Pataki, to bring the 2002 Division I NCAA Wrestling Championships to the Pepsi Arena in Albany; and WHEREAS, Jack LaBombard, whose successful efforts to obtain the NCAA Wrestling Championships were recognized by Albany's Mayor Jennings, local newspapers and television stations, has assumed responsibility for assembling and assigning volunteer help for the upcoming tournament; and WHEREAS, Jack LaBombard's lifelong dedication and overwhelming success has resulted in his induction into the National Wrestling Coaches' Hall of Fame on September 17, 2000. NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby declares, Saturday, September 23rd. "JACK LABOMBARD DAY" in Queensbury. BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 11th day of September, 2000 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Martin, Turner I hope that you will say a few words and tell us a little bit about your wrestling experiences over the years, I know that this is a little bit of surprise. MR. JACK LABOMBARD-Thank you. You did catch me off guard and I am embarrassed. I do not know what to say except that I was blessed with some great kids and was blessed to be at Queensbury School and I just feel very fortunate. When I was a little boy I knew what I wanted to be when I grew up was a wrestling coach and I did it and I thank everybody that helped me and thank you and I remember when you were a little boy at school. SUPERVISOR BROWER-This evening is interesting because I had, Bill Smith helped me compile a lot of information that is in that plaque for you and I had planned on giving Bill Smith a similar plaque as your assistant for thirty years. MR. LABOMBARD-That is another blessing. SUPERVISOR BROWER-Unfortunately, he got caught painting his sons house in Rochester so I would like you to surprise him with this possibly sometime and it is simply a little tribute for him for his being assistant coach for thirty years with you during those championship years. MR. LABOMBARD-I will do that. SUPERVISOR BROWER-It is quite an honor and you are certainly deserving of it. MR. LABOMBARD-Thank you, thank you very much. (vote taken on resolution) RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 363.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 11th day of September, 2000 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Brower NOES: None ABSENT: Mr. Martin, Mr. Turner 1.0 QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DONALD AND MARGARET JONES RESOLUTION NO.: 29,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Donald and Margaret Jones have applied to the Local Board of Health for two (2) variances from Chapter 136 to install septic and pump tanks thirty-five feet (35') from Lake George instead of the required fifty feet (50') setback and seven feet (7') from the dwelling instead of the required ten feet (10') setback on property located at 7 Wild Turkey Lane, Kattskill Bay in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on September 25th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Donald and Margaret Jones' sewage disposal variance application concerning property located at 7 Wild Turkey Lane, Kattskill Bay in the Town of Queensbury (Tax Map No.: 3-1-5) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet ofMr. and Mrs. Jones' property as required by law. Duly adopted this 11th day of September, 2000, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 30.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back into regular session. Duly adopted this 11th day of September, 2000 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Martin, Mr. Turner 3.0 CORRESPONDENCE NONE 2.0PUBLIC HEARINGS THE MEADOWS PROPOSED PUD NOTICE SHOWN TOWN CLERK DARLEEN DOUGHER-Notice for a public hearing, to conduct a public hearing tonight at 7 :00 o'clock for the application of Queensbury Partners LP for a new planned unit development entitled The Meadows on property bearing tax map no. 60-2-5 and 60-2-10. SUPERVISOR BROWER-Mr. Lapper is here representing the developer. ATTORNEY JOHN LAPPER-For the record John Lapper and Tom Nace and with us are the principal of the developer Tom Gessler in the red tie and next to him Frank Piazza who is an affordable housing consultant from New York. They have done numerous affordable senior projects, we have been here before and we now are at the point to hold the public hearing. We have formalized the plan I just want to make a couple of general comments. It has been a few months since we were before the board we were warmly received here and unanimously supported by the Planning Board for their recommendation for the PUD. When we were here last time it was a public hearing, a public meeting and Betty Monahan had some comments about whether or not we should do this as a PUD and if you recall the reason for that is really a technicality here. It is a mixed use because we have an existing golf course. The golf course is no longer a permitted use so it is pre-existing non conforming use. In order to pick an upland spot to do the development on the site we have to relocate the driving range and in order to do that, Tom will go through that with you in a minute, but the PUD is required because we have a golf course use and residential use on the site. The proposal would be to use all of the development rights on the site to build a ninety seven unit development including a managers home and the units have been designed in accordance with some guidelines that the Town Planning Board has given us on other near by projects. Just in terms of building with wings if you will, that is not just linear buildings different roof heights what we consider very attractive development for any kind of residential and certainly for an affordable development. In terms of the need for this type of project in the town we have submitted what was prepared for financing usually in the planning and zoning context you do not get a market study but that was done for the tax credit financing. The way these projects work which show a very significant need, mostly for senior widows that are living alone that are on a fixed income because of social security or pension income. That is really the need for this and the location in close proximity to the bus route to the supermarkets, the social security office certainly the Stewarts the bank and not the least the Harvest Restaurant. It makes it a great place to live. What has changed since we were here last time we did the detailed wetland delineation and what we had proposed last time which was just a little bit more concentrated development on the site the exact same number of buildings, same size buildings but it was just clustered a little bit tighter. When we did the wetland delineation we determined that, that would have required about a two acre disturbance of wetlands which we could still apply for a permit for, but the Army Corp always wants you to try and minimize it. So, Tom went back to the drawing board and came up with a design that requires a third of an acre of disturbance which is a considerable difference and probably makes it a little nicer project because the buildings is a little, the buildings are a little more spread out. But, it still takes a very small amount of land compared to the size of this whole parcel. With that I will ask Tom to just describe the changes on the site plan and then the four of us are all here for any questions. MR. TOM NACE-(used maps) Very briefly this is a drawing of the over all site, let me turn this around maybe so the public. You guys have seen it before. As you will remember before the site consisted of a road coming in, a cui de sac off from the side and a cui de sac up at the end was fairly concentrated in this area and what we have done is spread it out a little bit so it is gerrymandered around the wetlands and I will show you that in a minute. But this is just a picture of the over all property as you can see the over all golf course property is relatively large. The parcel that we will be effecting with this project is a corner of that property and the actual area that we are disturbing is you know even just a portion of that. Out of the whole thing there is ninety seven acres plus or minus. The over all project area is about twenty seven acres and our actual project here for the housing I believe is about nine acres. So, out of the ninety seven we are really building in about one tenth of the over all project site. This is a blow up of just the project area shown here and on this you can start to see we have shown the existing wooded area we are trying our best to disturbe as little of the existing wooded area as possible. The project now consists of a road that comes in back to a tee feeding parking lots for the four buildings in the very back and then another little spur that comes off to feed these three. COUNCILMAN BREWER-Can I ask one question about that? MR. NACE-Sure COUNCILMAN BREWER-Does that one road going in does that affect any, because I remember there is something about more than thirty five units you have to have a road in. MR. NACE-That is for a subdivision. COUNCILMAN BREWER-Well essentially that is what this is. MR. NACE-No, this would be a private road. COUNCILMAN BREWER-A private road. MR. NACE-It would be a private road, ok, owned and maintained by the developer. COUNCILMAN BREWER-Has, I am not trying to delay it but has the fire companies looked at this? MR. NACE-No, they will look at it at site plan review. ..it is not the same because of the elderly housing component it is really not the same as a typical apartment complex where every apartment is going to have two cars coming in and out all the time. The actual traffic is minimized out of these units maybe half of them own cars and out of that the cars do not get used anywhere near as frequently as a typical housing development. This is the site plan for the particular project area. I will just show you real quickly here, the reason it is configured the way it is, is because of the wetland disturbance the hatched areas here are Army Corp. Wetlands and you can see how we have done our best to fit the units into the non wetlands area for we are only disturbing a couple little pieces here, here and here of wetlands. So, that is the real reason for the re-configuration and the time that has been spent between the last time we were back when we were here talking to you and now. COUNCILMAN BREWER-I have a question for our Attorney, Page 2, whereas the Warren County Planning Board was unable to meet quorum, that is a default approval? SUPERVISOR BROWER-If the Warren County Planning Board does not have a quorum that is default approval. COUNCILMAN BREWER-But that is what it says but is that automatically approved? SUPERVISOR BROWER-Yea. ATTORNEY LAPPER-That happened to about forty five projects that night in the winter, somebody was in the hospital it just wasn't a quorum and so it was just unusual. COUNCILMAN BREWER-It does not make it right. ATTORNEY LAPPER-No, but is just UNKNOWN-It is not their fault. COUNCILMAN BREWER-No, I understand that. TOWN COUNSEL HAFNER-It is a procedural requirement that is being satisfied. ATTORNEY LAPPER-Right. COUNCILMAN STEC-How often does that happen. ATTORNEY LAPPER-I can tell you that it has happened twice in my experience in all these years and they felt bad about it, you know it was illness and things. COUNCILMAN STEC- Twice but not on a very frequent occurrence. ATTORNEY LAPPER - Very infrequent, twice in maybe the last six years that I can remember. If the Board does not have any other questions we can give up the table for the public hearing. COUNCILMAN BREWER-Are you really going to have a driving range out here and how are people going to get to it? ATTORNEY LAPPER-The driving range is contractility, in order to buy the land from the owner of the Golf Course we had to agree to provide an area to replace the driving range because the best upland area to build these units is where his driving range is now. So, it is a component of the contract of negotiation so that really will be there and you will not get there through this contract. COUNCILMAN BREWER-How else will you get there? MR. NACE-It is a very informal driving range even as it is now, it is used just by people that are coming to play, a few of them want to go hit a bucket of balls before they play type of thing. There is a cart path that comes into the driving range area and it can be accessed, that cart path, is right here. COUNCILMAN BREWER-That is from number seven though isn't it? MR. NACE- That is from the side of number seven, yes, but it can, the owner will wind up having to make an access through above the property and down into that. But, it would be accessed from the Club House back around to the backside. I do not envision it as being a frequently used driving range it is simply an amenity that they have now for a few of their golfers and they want to maintain. SUPERVISOR BROWER-I have the same question you have Tim why would you want to put the driving range way out there. COUNCILMAN BREWER-It makes no sense I do not even know why you are showing it on the map if it is not really going to be used, I mean it is like showing something that you are not going to have. MR. NACE-It will be used but I am saying it is not like you know the driving range up at Hiland where people go specifically to use the driving range. UNKNOWN-I have a membership there, and that is not true, there is always somebody hitting a bucket of balls, I will be danm if I am going to go out to the seventh hole and hit a bucket of balls and come all the way back and tee off at the parking lot. . . . ATTORNEY LAPPER -That really is not our issue just in terms of the site plan the owner said that was an acceptable location for him, we wanted the location to purchase, to purchase the location of where it is now and getting there would be if you have to get there with carts or a walking path would really be something that could be discussed at the planning board in terms of changing the cart paths but you know. COUNCILMAN BREWER-I guess the only thing I have a problem with it John is if you are not really going to have it don't show it. ATTORNEY LAPPER-Tom was saying that it is not as busy a facility as Hiland where you have got this two layer, two decked place where you pull up in your car you hit a bunch of buckets and you go home. Certainly it is there, he wants it as part of the plan because the owner feels it is important to maintain it and we are providing a place where it does not interfere with the Senior Project. It is certainly not as convenient for his patrons but you know if it is ok with him it is ok with us kind of thing. COUNCILMAN BREWER-I guess that maybe that could be a Planning Board issue but. SUPERVISOR BROWER-Staff comments? EXECUTIVE DIRECTOR ROUND-You should have received the comments of the Planning Staff Notes that were submitted to the Planning Board and the identical notes that were submitted to the Planning Board and the identical notes that were submitted to you as part of the PUD process. What the Town Board has to do, has to make a judgement about whether this property and this project are suitable for a PUD and whether it meets the objectives of the PUD ordinance and those issues are contained in the Staff notes. The Planning Board did make a favorable recommendation for this particular project and I think we did have a discussion that PUD's are not a common vehicle or common district that we utilize regularly in the Town of Queensbury. Our particular ordinance is being re-drafted and one of the problems is the PUD requirements the referrals back and forth trying to provide a more direct concise approach for establishing PUD's. What we have done, there are certain issues that are addressed at the Planning Board and that is the thing that we struggle with that you are struggling with here tonight. What issues, what level of detail is to be addressed by the Town Board with the re-districting and which elements are to be addressed by a Planning Board such as locational issues, such as specific details that might be addressed between the two boards so it is difficult to resolve. The project had been referred to the Recreation Commission, there is a land dedication proposed as a part of the project, the Rec. the Parks and Rec. Director Harry Hansen has a favorable disposition but it must be reviewed by the Commission. Whether that acreage that is proposed to be dedicated satisfies the recreation fee or lands in dedication for recreation purposes that is an issue that the Recreation Commission has to provide a recommendation on. Without having an open space plan in hand that is something we will be developing in the next year to two years. It is difficult for us to make a blanket judgement about whether this particular project deserves open space with the over all communities goal in mind. We feel that properties along Half Way Brook are lands that are going to be identified in that process and this does include part of those lands. We are, our Planning Staff is interested in preserving the lands that have been proposed. SUPERVISOR BROWER-Thank you. Anything else to add before opening it up to public comment? ATTORNEY LAPPER-We can just answer whatever comments the public raises and anything else the Board has after the public hearing. SUPERVISOR BROWER-At this time we would be glad to entertain any comments regarding this project for anyone that would like to comment on it, just come up to the mic introduce yourselves, give your name address and we are open to comment. Betty? MRS. BETTY MONAHAN-This is just a procedural question. Has the proper administration official made an interpretation that this project meets our PUD definition? EXECUTIVE DIRECTOR ROUND-I do not know what you are referring to? MRS. MONAHAN-I am referring to the Town Law 267-A. which is talking about the decisions that the zoning, the administrative official charged with the enforcement of the zoning local law or ordinance, when that person makes a decision interpretation or determination it has to be filed. I am just trying to find out if that has been done. EXECUTIVE DIRECTOR ROUND- I do not have that law in front of me, I think you are referring to the decisions of Zoning Administrator do have to be filed by the Town, filed in the Town. They typically are during our building permit process the Zoning Administrator issues a determination that the building permit complies with the Zoning requirements. MRS. MONAHAN-This isn't really a building permit, EXECUTIVE DIRECTOR ROUND-You did not let me finish my thoughts. MRS. MONAHAN-ok, I am sorry. EXECUTIVE DIRECTOR ROUND-For legislative actions the Town Board is the Zoning, the Zoning change the process for Zoning Change is different than a Zoning Administrative determination. The process for a zone change is that the Town Board receives an application makes a referral to the Planning Board. The Planning Board makes a recommendation and the Town Board as a legislative action not an administrative decision the Town Board determines whether they want to move forward with a zoning change or not. MRS. MONAHAN-So, then the date that will rule is the date that they will make that determination, the Town Board. EXECUTIVE DIRECTOR ROUND-As far as, I am not sure. COUNCILMAN BREWER-As to whether it is PUD or not. MRS. MONAHAN-I just heard you say something now, Chris, that made we wonder, you are talking about land in lieu of Recreation Fees and you are talking about what you propose in the future. You really cannot consider what you are going to be proposed in the future, there are definite requirements in our law right now of the land that you can accept in lieu of recreation fees and I think somebody needs to check their requirements as of right this, when ever this is going to be approved whether or not the land that they are talking about does meet those requirements. It is very definitely stated. COUNCILMAN BREWER-But, that decision can be made, it does not have to be made tonight it can be. MRS. MONAHAN-No, I am just talking about when you are talking about taking something in lieu of, you cannot be using something that you are planning on adopting a year or two from now, it is what is on the books right now. COUNCILMAN BREWER-What Chris referred to Betty, was the land trust is what we are working on now, I think what he was saying is this kind of fits into that MRS. MONAHAN-I realize that Tim COUNCILMAN BREWER-what we are attempting to do. MRS. MONAHAN-but what I am saying is you cannot mix apples and oranges. COUNCILMAN BREWER-I do not think we are trying to. SUPERVISOR BROWER-Anyone else care to address the board on this topic or? MRS. DONNA ST. JOHN-My name is Donna St.John I live at 452 Bay Road One thing I would like to ask is sewer, are you going to be doing, you hook up to sewer right on Cronin Road, correct? MR. NACE-Yes it will be connected to Town Water and Sewer. MRS. ST. JOHN-Like the lighting, that would not effect me would it, where they are going to be? MR. NACE-There would be some very low level internalized street lighting for security purposes, but no, that would be all internal for the project, I think you are over on Bay Road you are several hundred feet away or several hundred yards away. COUNCILMAN BREWER-Three woods and a seven iron. That would be a hell of a shot, a thousand yards, Tiger Woods could not do that. SUPERVISOR BROWER-Some of those issues will be addressed at the site plan review phase of this project. Any questions from the Town Board? Any last comments from? ATTORNEY LAPPER-Just one quick one about the rec. park and rec. we did not identify that. That line on the right side that's right there is what we are proposing for the dedication. Obviously, since it is an affordable project the developer is trying to keep the costs down because it all goes into the rent calculation. If the rec. fee has to be paid it has to be paid and the rents will be a little bit higher. But, we also say this as an opportunity for the Town because it is land right in the HalfWay Brook Corridor and Chris and Harry have said for awhile that this is the kind of land that the Town would probably want to have either for access for Half Way Brook fishing trails or just a preserve. So, it is available and it is not a decision that has to be made tonight by you but if they want it we have offered it and if they do not want it, it will not be dedicated. SUPERVISOR BROWER-Jack would you care to? MR. JACK LABOMBARD-The Recreation Dept. is going to walk that piece of property, Thursday at 3:30. SUPERVISOR BROWER-Thursday, at 3:30. That was Mr. Labombard and he is on our Recreation Commission. Thank you. What is the wishes of the Board? COUNCILMAN BREWER-Do we have a short form SEQRA here, appropriate? Either is. EXECUTIVE DIRECTOR ROUND-The Town Board can, you are conducting a public hearing tonight you do not necessarily have to act tonight on the project if you are uncomfortable if you need additional details if you want to consult with staff further. A short EAF for unlisted action is typically what is submitted but you can during you SEQRA determination process to request, you can request a long EAF be prepared to supply additional information prior to reviewing that form or during the review of that form. If there are any other questions I can ask, answer for you. ATTORNEY LAPPER-It did not meet any of the type one thresholds. COUNCILMAN BREWER-Wouldn't a PUD automatically go to a long form or not? EXECUTIVE DIRECTOR ROUND-There is acreage ATTORNEY LAPPER-One hundred acres. EXECUTIVE DIRECTOR ROUND-It is a rezoning land area. COUNCILMAN BREWER-Ninety seven. SUPERVISOR BROWER-I think it was ninety seven acres. ATTORNEY LAPPER-In general though our project site is really only nine acres. MR. NACE-That is right. COUNCILMAN BREWER-Then why are you calling it a PUD? ATTORNEY LAPPER-Because of that technical issue with the relocating of the driving range it makes it a mixed use. COUNCILMAN BREWER-Oh, John, you guys are cleaver. ATTORNEY LAPPER-No, it is just necessary, unfortunately. COUNCILMAN BREWER-I mean, ATTORNEY LAPPER-I think if you take a step back, COUNCILMAN BREWER-It is a pretty weak case for a PUD in my mind. ATTORNEY LAPPER-But it is a good project for the town because of the location is appropriate. COUNCILMAN BREWER-I do not think that, I do not think because it is a good use is criteria to say whether it is a PUD or not. In other words if you are going to put Senior homes there it is a great use and we all agree on that, that I do not think anywhere in our laws is that criteria makes it a PUD it has got to have A,B,C,D,E. ATTORNEY LAPPER-That ABCD is that you are providing a different type of residential COUNCILMAN BREWER-Mixed use. ATTORNEY LAPPER-Mixed use but also, the mixed use is golf course which is an open space preservation and a senior affordable housing project and that is the mixed use. A recreation use and a residential use. COUNCILMAN BREWER-I think it is just a weak case to me. The use that you are talking about the mixed use is there now all you are creating is the homes. ATTORNEY LAPPER-The mixed use is only home plus recreation. That is the mix. COUNCILMAN BREWER-It is not only home and recreation it has to do with business, not creating business there, there is a business there existing. The only thing that I see you creating is homes. To me you are not creating a PUD. ATTORNEY LAPPER-What you are doing is preserving COUNCILMAN BREWER-Convince me that you are. ATTORNEY LAPPER-You are preserving the golf course which is an open space amenity for the Town. COUNCILMAN BREWER-Tomorrow if you did not build these homes would that golf course go away? ATTORNEY LAPPER-Whatever you do, what could be done, you could have ninety seven homes on one acre lots if you wanted to do that. That would be a different use for this site a more conventional use for this side of town I do not think that would be a preferable use because there is a need that has been established for the Senior Housing, but to keep the, when you drive up Bay Road and you get to see the trees the weeping willows and wetlands and the golf course it is pretty attractive in terms of the character of the town. This ensures that, that will stay there and a very small approximately nine acre portion of this will be used for intensively developed but appropriately so because sewer and water are available there and it is for the Senior affordable use so I think that it is mixed use because it is recreation and residential and I think therefore it complies. I grant you it is not a typical, you come in with a blank piece of property and you propose something that two, one of them is there but I think all in all it is something that is good for the Town. COUNCILMAN BREWER-But isn't that part of our criteria, Chris that they have to create certain things to accommodate a PUD? EXECUTIVE DIRECTOR ROUND-I can read to you the requirements from the objective section. COUNCILMAN BREWER-I am not trying to be a thorn in the side here but. EXECUTIVE DIRECTOR ROUND-That is your job is to evaluate this whether it meets the objectives or not. Objectives; in order to realize the purpose of this article a PUD shall achieve the following objectives. It does not say you need to construct a particular facility. A maximum choice in housing environment and type, occupancy ten year, for example cooperatives, individual ownership or condominium leasing, lot size in common facilities. 2. More usable open space and recreation areas and if permitted as part of the project more convenient locations of accessory, commercial and services uses. So, it does not say it requires commercial, but that is typical, you envision a village type environment. 3. A development pattern, which preserves outstanding natural topography, geologic, features, scenic vistas, trees and historic sites and prevents the disruption of natural drainage patterns. 4. An efficient use of land resulting in small networks of utilities and streets and 5. Lastly number 5. A developed pattern in harmony with the land use intensity, transportation facilities and community facilities objects to the comprehensive land use plan. COUNCILMAN BREWER-I guess in my mind you probably meet four of those five. MR. NACE-And even the Commercial Tim, we are not developing it on the site but it is handy and that is one of the reasons the site is attractive for the use. COUNCILMAN BREWER-I just, typical PUD to me honestly this is just a weak case. I don't doubt that you do meet some of the criteria, but I do not know. MR. NACE-The planning laws of our Town ought to be something that allow you to find a method or a way to build things that the Town needs and wants. COUNCILMAN BREWER-I have said my piece. SUPERVISOR BROWER-Chris, if we want to postpone action this evening. EXECUTIVE DIRECTOR ROUND-..the procedure requirement if you need more information or want to, you have satisfied that one component, you do not necessarily have to act and I think Bob will echo that. TOWN COUNSEL HAFNER-You can close the public hearing if you want and take action at a later meeting. SUPERVISOR BROWER-I think it would be best, don't you to hold off, what do you, what is the wishes. COUNCILMAN STEC- There is no need to rush tonight. SUPERVISOR BROWER-This would only go to site plan review after we, after we do this. EXECUTIVE DIRECTOR ROUND-After you establish the district to allow the project to move forward. SUPERVISOR BROWER-I think it is important to let our other Board Members get a crack at this too, make sure they get a view of it, but over all I do not see a real problem with this as a PUD because I see the recreational, commercial or residential mix. I know where Tim is coming from you are not really creating new but you are kind of preserving existing use to a good deal and there is a documented need for Senior Housing in the Town of Queensbury. ATTORNEY LAPPER -The only issue for us in terms of delaying is just that we would like to get to the site plan and get to the Planning Board and get going so it can be built in the spring, but I realize that you only have three members tonight and if Tim is not comfortable voting he is not comfortable voting. COUNCILMAN BREWER-I did not say that. COUNCILMAN STEC-Youjust might not get the majority of the Board. ATTORNEY LAPPER-That is a different story all together. COUNCILMAN STEC-I do not think we would have any trouble getting through this well in plenty of time, we will not be holding anyone up in the spring. ATTORNEY LAPPER-Ok. COUNCILMAN STEC-We haven't been slackers to this point and I do not expect us to start now. COUNCILMAN BREWER-So, we can leave this until the 25th. COUNCILMAN STEC- Two weeks from now, hopefully we will have a full board. SUPERVISOR BROWER-Ok, in that case COUNCILMAN BREWER-What we can do, I think, John, is we can bring it up at our workshop next week and see if anybody has any issues if they do we can get a hold of you. SUPERVISOR BROWER-I will close the public hearing. We will leave the public hearing open how is that... we will leave the public hearing open and if people want to comment in writing they are able to. We will reschedule it for the 25th. ATTORNEY LAPPER-I appreciates if you can put it on in two weeks and have the workshop that is great, that is not a problem. COUNCILMAN BREWER-We will have a workshop next Monday and if there are any issues we can bring them up discuss them and let the public know that we are going to talk about this next Monday night, we are not trying to hide anything. 2.0 OPEN FORUM MR. PLINEY TUCKER-41 Division Road Res. 5.11 Crandall Library #3 Library expansion and financing. How does the Town intend to finance their share? COUNCILMAN BREWER-By taxes. SUPERVISOR BROWER-There are taxing districts already established. MR. TUCKER-How much are taxes going to go up? SUPERVISOR BROWER-Noted the paper said something about $85.00 a year for the average household. MR. TUCKER-That is based on assessment. SUPERVISOR BROWER-Yes. MR. TUCKER-How is the financing of the twelve million six hundred and ten thousand going to be done? SUPERVISOR BROWER-Through the Dormitory Authority of the State of New York. MR. TUCKER-Questioned if there are going to be any bonds issues? SUPERVISOR BROWER-Noted a maximum of thirty year of financing. MR. TUCKER-Questioned how they get the money up front? COUNCILMAN BREWER-Through the Dormitory Authority and get the bonds... COUNCILMAN STEC-Questioned why the library has not made a presentation to the Board.. . questioned if it fails in one community is it voted down? COUNCILMAN BROWER-If it fails in Queensbury it would not go forward. MRS. MONAHAN-Noted the enabling legislation was sent to the legislature about future bonding there are certain requirements in there on how that has to be done. Questioned if it can be done through the Dormitory Authority. .need to look into the original legislation establishing the taxing district... MR. JOHN SAL V ADOR-I think Mrs. Monahan is correct you cannot expect the taxpayer to backstop the dept of a public corporation. (Board requested the Town Counsel to try and contact a member of the library and have them come to the meeting) MR. DON SIPP-Courthouse Drive Re: Noise Ordinance There is a need for one... we have a lot of off road vehicles that are causing problems, Route 9 Corridor that the entertainment is causing a lot of problems, noise in areas of dumpsters at four in the morning and I think something has to be done. I would like to see this moved along and not forgotten. COUNCILMAN BREWER-Noted he had asked the question why hadn't it been included in the Zoning Ordinance I had the answer from staff that we did not want the Zoning Ordinance to be bogged down by the noise ordinance. COUNCILMAN STEC-Ifit was a local law it would be more enforceable than if it was in our ordinance. EXECUTIVE DIRECTOR ROUND-The steering committee made that decision... the Town Counsel Mark Schachner has a summary of what was presented within the context of the Zoning Ordinance as well as representative ordinances from all the ones we have collected as well as ones from Mr. Sipp, we have asked Mark to prepare an outline of an ordinance that goes beyond what the steering committee has developed. Workshop on this will be held during the next month. COUNCILMAN STEC-Noted some of the hold up is the sound studies that are being done. EXECUTIVE DIRECTOR ROUND-We expect the study next week. COUNCILMAN STEC-Spoke to the Board regarding a noise ordinance related to activity... no lawn mowing between 10 pm and 6 am... work the two proposals in conjunction. MS. SANDY REARDON-Dream Lake Road-Asked to represent the good people of the Dream Lake Road area, presented petition asking for a weight limit on Dream Lake Road that will force the gravel trucks to use the road that they now have existing that leads to Route 149... gave the Board the history of the gravel pit since Mr. Ellsworth owned it... Noted that they were told that DOT would not let them exit onto Route 149... presented the Board with a letter from DOT that said they have not refused access to 149, they need to apply for a driveway application. . . spoke about the speed and sand spilling out of the trucks. . . Called the State Police for weight scales SUPERVISOR BROWER-Noted he visited the pit..Impressed on how it was managed.. . noted the road to 149 is not paved. MS. REARDON-Noted originally it was a road to the pig farm... there is no reason I can see that they cannot use this road, using Dream Lake road has ruined the quality of our lives. If you cannot do the weight limit, lower the speed limit to 25 mph and put the speed limit sign where someone can see it and put a stop sign at the end of Dream Lake Road. Gave previous permits and present permits. . . and petition to the Supervisor. SUPERVISOR BROWER-I will consult with our Attorneys and see what they are able to do I will also talk with DOT. Can ask for more patrols in the area... MS. REARDON-The State Police are patrolling the area now, if they see an overloaded truck they will bring weight scales up. MS. BARBARA BENNETT-Noted an item on the news regarding libraries the State is concerned about the condition of a lot of the libraries across NY State and they are going to be putting up substantial funding for library rehabilitation. MR. JOHN SAL V ADOR-RE: Noise we have a very effective noise ordinance on Lake George enforced by the Lake George Park Commission, they have a model ordinance you could adopt. Re: Itr. Written by Dave Hatin concerning Bay Brook on site waste water system.. noted he had made himself familiar with the system, no doubt that the route of the problems associated with the on site treatment of wastewater are being experienced because of a treatment scheme which is not compatible with the natural and man made site conditions. Noted the site has been overdeveloped. Described the mound system..and standards for wastewater disposaL.. domestic water and on site wastewater treatment do not go together. Noted EIS needed to be done on the site. Showed a computer search of mound systems. . . SUPERVISOR BROWER-Asked for further input, hearing none, closed open forum 5.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2001 RESOLUTION NO. 364. 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to adopt the proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2001 as presented at this meeting, and WHEREAS, the Town Board must conduct a public hearing prior to its adoption, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on September 25th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2001, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town not less than ten (10) days prior to the hearing date. Duly adopted this 11th day of September, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED CREATION OF SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO. 365. 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury wishes to create a new sewer district to be known as the South Queensbury-Queensbury Avenue Sewer District, and WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin, LLP, professional engineers, concerning the proposed sewer district formation to connect the existing Washington County Sewer District #1 (WCSD#I) Wastewater Treatment Plant to the City of Glens Falls Wastewater Treatment Plant (GFWWTP) along a route following Queensbury Avenue and the Niagara Mohawk Right of Way, which area would also include 30 lots in the Warren-Washington Counties Airport Industrial Park, the Floyd Bennett Memorial Airport and several parcels along the proposed force main route to the City of Glens Falls, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board wishes to establish the proposed sewer district in accordance with Town Law Article 12A, and WHEREAS, Part I of a Full Environmental Assessment Form has been prepared and presented at this meeting and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board shall hold a public hearing and consider establishing the proposed South Queensbury - Queensbury Avenue Sewer District previously described in this Resolution. 4.The benefited areas proposed to be a part of the proposed Sewer District are as follows: TAX MAP NUMBER PROPERTY OWNER as of 6/2000 109-3-6.2North Country Imports 109-5-4Chartrand Property 109-5-5Warren County 109-5-6 109-5-4 137-1-52Chartrand Property 137-1-53Washington County 137-1-54 109-5-13.22Warren County Properties 55-2-21.1 (218 acres) Floyd Bennett Memorial Airport 137-2-1 137-2-1.1 Proposed W arrenlW ashington Counties (Airport) Industrial Park Phase II TAX MAP NUMBER PROPERTY OWNER as of 6/2000 109-3-3 109-4-7 110-1-2.61 110.1-2.62 110-1-2.64 110-1-2.65 110-1-2.66 110-1-2.67 110-1-2.68 Earltown Properties 3. The proposed improvements shall be installed as specifically delineated in the Map, Plan and Report prepared by Jarrett-Martin, LLP. 4. All proposed construction shall be installed and paid as depicted in the Map, Plan and Report (including the cost payable to the City at the time of initial hook -up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent .. . . engmeerIng supervIsIOn. 5. The maximum amount proposed to be expended for these improvements will be approximately $1,601,411 including a one time buy-in fee estimated to be $1.25 per gallon of average daily flow, which in this case would be $31,250. The improvement costs for the proposed extension are specifically delineated in the Map, Plan and Report. 6. The estimated cost of hook-up fees to the typical property, annual cost of the extension to the properties and sewer rents are depicted in the Map, Plan and Report. 7. In accordance with Town Law ~206-a, all future expenses of the South Queensbury- Queensbury Avenue Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 8. The Map, Plan and Report describing the improvements and area involved and a detailed explanation of how the hook-up fees and the cost of the District to the typical property, and, if different, the typical one or two family home was computed are on file with the Town Clerk of the Town of Queensbury and available for public inspection. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, September 25th, 2000 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law ~209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 11. The Town of Queensbury Community Development Department is hereby requested to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. 12. The Town Board hereby authorizes and directs the Community Development Department to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. Duly adopted this 11th day of September, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #122 - MOREAU WATER CONNECTION CAPITAL PROJECT RESOLUTION NO.: 366.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No. 492, 98, the Queensbury Town Board authorized an Intermunicipal Agreement with the Town of Moreau for the sale of water to the Town of Moreau, and WHEREAS, the Town Board wishes to establish a Capital Project Fund to fund all expenses associated with the construction of the water system connection planned between the Towns, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as "Moreau Water Connection Capital Project Fund #122," which Fund will establish funding for all expenses associated with the construction of the water system connection with the Town of Moreau, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations for the new Capital Project Fund # 122 in the amount of $220,000, the source of funding to be revenue received from the Town of Moreau in accordance with the Intermunicipal Agreement and its subsequent Amendments, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Comptroller's Office to take any and all action necessary to effectuate the terms and provisions of this Resolution. Duly adopted this 11th day of September, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner RESOLUTION AUTHORIZING ENGAGEMENT OF EDWARD CURTIN, CONSULTING ARCHAEOLOGIST TO PREPARE ARCHAEOLOGICAL SURVEY OF PROPOSED MOREAU CONNECTOR TO TOWN OF QUEENSBURY WATER SYSTEM RESOLUTION NO.: 367.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury's Water Superintendent has obtained an archaeological survey proposal from Edward Curtin, Consulting Archaeologist, to perform a Phase 1 Archaeological Survey of the proposed Town of Moreau Water System Connector with the Town of Queensbury Water System on Big Boom Road, Queensbury, which Survey will satisfy government requirements and to be guided by the standards of the New York Archaeological Council and recommended by the New York State Office of Parks, Recreation and Historic Preservation, and WHEREAS, the Water Superintendent has recommended that the Town Board engage the services of Mr. Curtin for an amount not to exceed $4)00 as delineated in Mr. Curtin's proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Edward Curtin, Consulting Archaeologist, to prepare a Phase 1 Archaeological Survey of the proposed Town of Moreau Water System Connector with the Town of Queensbury Water System on Big Boom Road, Queensbury in accordance with the proposal presented at this meeting, for an amount not to exceed $4)00 to be paid for from the Moreau Water Connection Capital Project Fund, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 11th day of September, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR REPLACEMENT OF WATER MAINS ON GREENWAY DRIVE, CARL TON DRIVE, GREENWAY NORTH AND GLENDALE DRIVE RESOLUTION NO.: 368.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Town Board Resolution No.: 137.2000 the Town Board authorized engagement of C. T. Male Associates, P. C. to prepare plans and specifications for the replacement of water mains in the vicinity of Greenway Drive, Carlton Drive, Greenway North and Glendale Drive in the Town of Queensbury, and WHEREAS, C. T. Male has presented the Town's Water Superintendent and Purchasing Agent with bid documents and specifications to advertise for bids for installation of the water mains, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for installation of water mains in the vicinity of Greenway Drive, Carlton Drive, Greenway North and Glendale Drive in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 11th day of September, 2000, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR MOBILE HOME PARK EXPANSION FOR QUEENSBURY VILLAGE MOBILE HOME PARK RESOLUTION NO.: 369.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, the Queensbury Town Board previously approved the Queensbury Village Mobile Home Park located on Petrie Lane off Warren Lane, Queensbury and owned by Sam Walmon (Owner), and WHEREAS, the Owner has applied for a modification to the existing plan as the Owner proposes to expand the existing 49 lot mobile home park by four (4) lots for a total of 53 lots, and in accordance with Town Code ~113-23 and ~113-17, any modification to an existing Mobile Home Park first requires referral by the Town Board to the Town Planning Board for site plan review before the Town Board may approve the modification, and WHEREAS, on August 22nd, 2000, the Town Planning Board recommended site plan approval of the proposed addition of four (4) lots, and WHEREAS, the Executive Director of Community Development has determined that there are no other involved agencies for SEQRA purposes concerning this proposed modification request, and WHEREAS, before the Town Board may approve the requested modification, it must first conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be heard concerning Sam Walmon's proposed expansion of the Queensbury Village Mobile Home Park, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to provide 10 days notice of the public hearing by publishing a notice of public hearing in the Town's official newspaper and posting the notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send a copy of the notice to all property owners located within 500' of the subject area. Duly adopted this 11th day of September, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR MONTRA Y HEIGHTS MOBILE HOME PARK MODIFICATION RESOLUTION NO.: 370.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, in 1964 the Queensbury Town Board approved the Montray Heights Mobile Home Park (Park) located on Montray Road, Queensbury for 17 lots and in 1976, the Town Board approved four (4) additional lots, for a total of 21 lots in the Park, and WHEREAS, George Kouba, owner of the Park (Owner), has applied for a modification to the Park's existing plan as the Owner is proposing a boundary line adjustment to his residential lot, Tax Map Parcel No.: 70.-3-8.2, which adjustment would increase the residential lot size and reduce the Mobile Home Park Tax Map Parcel No.: 70.-3-7, and WHEREAS, the proposed modification would not interfere with the location of the mobile homes or septic system, and WHEREAS, in accordance with Town Code ~ 113-23, any modification to an existing Mobile Home Park first requires referral by the Town Board to the Town Planning Board for site plan review and recommendation before the Town Board may approve the modification, and WHEREAS, on August 22nd, 2000, the Town Planning Board recommended site plan approval of the proposed boundary line adjustment, and WHEREAS, the Executive Director of Community Development has determined that there are no other involved agencies for SEQRA purposes concerning this proposed modification request, and WHEREAS, before the Town Board may approve the requested modification, it must first conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be heard concerning George Kouba's proposed modification to the Montray Heights Mobile Home Park, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to provide 10 days notice of the public hearing by publishing a notice of public hearing in the Town's official newspaper and posting the notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send a copy of the notice to all property owners located within 500' of the subject area. Duly adopted this 11th day of September, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner Discussion held before vote: Councilman Brewer-this is no more than a lot line adjustment, because of the way the law is written he has to come to us, we send it to the Planning Board they have a Public Hearing it comes back to us and we have a Public Hearing and then approve or deny, why does it take so long? Town Counsel Hafner-As I understand it the reason for some of the extra steps here is because it is a mobile home park, because when you have variances, changes in mobile home parks it takes another step or two which is why if it were just a simple lot line adjustment it would be handled a lot simpler by Chris's Office, but because it is inside a mobile home park the Town has extra protections dealing with mobile home parks. Mr. Kouba-noted he had never heard of anybody going to two public hearings, one should be sufficient, the Planing Board recommended that the Town Board approve the site. Councilman Brewer- Recommended that some criteria be set to stream line system. . . maybe it can be made easier for the next guy... RESOLUTION AUTHORIZING SALARY INCREASE FOR RYAN LASHWAY - COMPUTER TECHNOLOGY ASSISTANT RESOLUTION NO. : 371. 2000 INTRODUCED BY Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, by Town Board Resolution No.: 436, 1999, the Queensbury Town Board authorized the hiring of Ryan Lashway as part-time Computer Technology Assistant, and WHEREAS, by Town Board Resolution No.: 30,2000, the Town Board authorized the hiring of Mr. Lashway on a full-time, non-permanent basis, and WHEREAS, the Town Board is aware ofMr. Lashway's willing and tireless response to arduous work conditions during the Computer Technology Coordinator's medical absences, and WHEREAS, the Town Board also recognizes Mr. Lashway's flexibility and cooperation during the continuing Govern software conversion, as well as his courteous and patient assistance and counseling of fellow employees in the performance of his duties, and WHEREAS, the Town Board believes that an increase in Mr. Lashway's salary is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs an increase in salary for Ryan Lashway, Computer Technology Assistant, from $11 to $13 per hour effective Tuesday, September 12th, 2000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 11th day of September, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner Discussion held-Supervisor Brower-Mr. Lashway is not here this evening, he is a young man that has done an outstanding job in difficult circumstances..asked Mr. Hess his Supervisor to share his thoughts on this... Comptroller Hess-Ryan is a young Computer Technologist in a two person department that really filled in for us when it was a one person department for six months while the head of the department was undergoing some medical care he is carrying us through a tough time now in a very difficult hi tech conversion and this really isn't intended. The recommendation for salary increase or wage increase as it is isn't necessarily intended strictly as a reward for those past services it is really to bring him up to a competitive closer competitive salary level for the kind of work he is doing for us. Councilman Brewer- Why is it only part time Henry? Comptroller Hess-Early on when he was first hired he was hired as a part time so this gives the history but he is full time. He works forty hours a week with benefits. RESOLUTION APPOINTING SANDRA KELLEY AS PERMANENT SCHOOL TRAFFIC OFFICER (CROSSING GUARD) RESOLUTION NO. 372. 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, one of the Town of Queensbury's School Traffic Officers (Crossing Guards) recently resigned and a vacant, permanent position now exists, and WHEREAS, the Town Board wishes to appoint Sandra Kelley, the current substitute Crossing Guard, to the permanent position, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Sandra Kelley as permanent School Traffic Officer (Crossing Guard) at the current rate of pay for the position to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Controller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 11th day of September, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner RESOLUTION REQUESTING ESTABLISHMENT OF SCHOOL ZONE FOR PORTION OF AVIATION ROAD, QUEENSBURY IN VICINITY OF THE PROSPECT CHILD AND F AMIL Y CENTER RESOLUTION NO.: 373.2000 INTRODUCED BY : Mr. Daniel Stec SECONDED BY : Mr. Tim Brewer WHEREAS, the Queensbury Town Board has received a request from the Town of Queensbury Planning Board to adopt a Resolution requesting that the speed limit be lowered on Aviation Road in the vicinity of the Prospect Child and Family Center, Queensbury, and WHEREAS, the Town Board wishes to adopt a Resolution requesting that the New York State Department of Transportation establish a school zone in the vicinity of Prospect School in order to establish the same maximum speed limits and vehicle/traffic lighting that currently exist on Aviation Road in the vicinity of the Queensbury Elementary, Middle and High Schools, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests the establishment of a school zone on a portion of Aviation Road, Queensbury in the vicinity of the Prospect Child and Family Center, with the same maximum speed limits and vehicle/traffic lighting that currently exist on Aviation Road in the vicinity of the Queensbury Elementary, Middle and High Schools, and BE IT FURTHER, RESOLVED, in accordance with Vehicle and Traffic Law ~ 1622, that the Town Board further authorizes and directs the Town Supervisor's Office to forward a certified copy of this Resolution and any other necessary documentation to the Warren County Department of Public Works and/or New York State Department of Transportation for the purposes of studying and establishing a school zone on a portion of Aviation Road, Queensbury in the vicinity of the Prospect School. Duly adopted this 11th day of September, 2000 by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Martin, Mr. Turner (5 minute recess) DISCUSSION HELD REGARDING RESOLUTION AUTHORIZING PLACEMENT OF PROPOSITIONS ON BALLOT REGARDING CRANDALL PUBLIC LIBRARY DISTRICT ANDREA HERMAN-Acting Assistant Executive Director of Crandall Library COUNCILMAN BREWER-The rate of our taxes how much is that going to change? ANDREA HERMAN-I thought that the highest it would be was a thirty dollar increase per year, once the bond is passed that increase would be locked, that does not mean that we would not come back to the voters to ask for an increase in our operating budget but the bond part would not change. SUPERVISOR BROWER-The Post Star said the average Queensbury resident would pay I thought eighty five dollars additional per year. ANDREA HERMAN-That is on top of the regular taxes that they are paying generally the bond part would be thirty dollars plus maybe the thirty dollars that they are paying now. For Queensbury the cost of the district is forty-six thirteen plus, for Queensbury it would be approximately eighty-seven dollars for an average household. COUNCILMAN STEC- The questions we are asking is not whether or not it will go on the ballot... question raised regarding the financing is it done through the Dormitory Authority or is it something else? ANDREA HERMAN-The Dormitory Authority is our best option, they helped us draft this resolution... MR. TUCKER-Ms. Monahan questioned if this was circumventing the enabling legislation? ANDREA HERMAN-Our counsel has told us that this is perfectly legal. TOWN COUNSEL HAFNER-Noted he would have to review the legislation... COUNCILMAN STEC-Questioned when is the dead line for the resolution? COUNCILMAN BREWER-Noted that the Library will be having meetings on the budget and expansion plans. . .in all three municipalities. . . TOWN COUNSEL HAFNER-Noted he will contact Mr. Wayne Judge regarding the questions that were raised at this meeting. TOWN SUPERVISOR BROWER-Read a letter from Miller Mannix and Pratt to Pliney Tucker - dated 12-20-99 Re: Crandall Library improvements You asked whether the ad velorum taxes raised for the Crandall Public Library district could be used to make bond payments on bonds used to finance any improvements to the Crandall Library. More specifically your concern is that the building and land where the library is situated is not owned by the district by rather by the Crandall Trust. We understand that the district has no legal interest in the library real estate. We found nothing, which would prohibit the library tax funds from being used in accordance with the district budget duly approved at the public election to make such payments. However, it seems that the real issue concerns who will actually issue the bonds and the authority to issue the bonds. As you know the district was created by an act of the State Legislature in 1992 according to our reading of that act any bonds to be issued for the district must to issued by the three municipalities comprising the district not by the district itself. The municipalities are authorized to issue bonds to make improvements to the library however based on our research the Town of Queensbury could only issue bonds for such improvements if the district had an interest in the library real estate itself which we understand it does not currently have. If the district owned the real estate where the library is located the Town clearly could issue bonds. In addition it appears that if the district had a lease of such real estate where the term is as long as the term of the bonds the Town would probably have authority to issue such bonds. The Crandall Trust itself may borrow the funds necessary to pay for such improvements if the Crandall Trust borrowed the funds we do not expect the districts taxes would be used to directly pay the financing because it would not be the districts debt. We would expect that the district would have some sort of lease arrangement with the Crandall Trust where the district would lease the real property and the lease payments would be used by the Crandall Trust to repay the debt. If so as long as the library budget has been properly approved the district taxes could be used in such as fashion. TOWN COUNSEL HAFNER-After speaking with Mary Beth Casey you can vote on the Library resolution on September 25th meeting. . . SUPERVISOR BROWER-No action taken at this time on the Crandall Library resolution. 6.0TOWN COUNCILMEN'S CONCERN COUNCILMAN STEC-Questioned status of sewers with the City? TOWN SUPERVISOR BROWER-The Mayor said that he is open to working with Queensbury, they are doing research on their costs he will have more information for me. . . hope to have something next week. COUNCILMAN STEC-Suggested once a quarter lets get together with the City for a hour or two, open meeting, to go over issues, lets get to know these people and get a dialog going. COUNCILMAN STEC-re: Baybridge Sewer the buy in is not consummated? SUPERVISOR BROWER-My understanding is that the Mayor gave us an agreement, we do not have it in writing we are trying to confirm a lot of our oral contracts that we have had over the last several years, Town Counsel has prepared or sent a proposal to the Mayor that outlined all of our sewer deals and prices so they could confirm it and the Mayor has told me verbally that he will honor all the old agreements that Queensbury had with Glens Falls. COUNCILMAN BREWER-I want to talk to the Mayor about the Memorial Day Parade. SUPERVISOR BROWER-Noted he has a lunch engagement with the Mayor next week and requested Mr. Brewer be present. RE: Queensbury Forest the construction engineering is being completed even though this has been the wettest summer we have had they have no water in the basements in the affected houses. I would advise, depending on the board wishes is to move the money that we had planned to use for construction and put it into a Capital Project and see if this problem stays minor or if it comes back strong. COUNCILMAN BREWER-Noted he understood where the Supervisor is coming from but I think we ought to do it and get it done with. Noted there is still water in the basements... COUNCILMAN STEC-We made a commitment to do this ... SUPERVISOR BROWER-Will speak to the other councilman... COUNCILMAN STEC-Requested update on Burke Drive sidewalk TOWN COUNSEL HAFNER-We are waiting for a meets and bounds description of the proposed location so that we can go to the owners of Burke Apartments and say we understand that you would like a sidewalk the Town would be willing to consider installing one if you will provide us with an easement sufficient to put in the sidewalks... EXECUTIVE DIRECTOR ROUND-I spoke with the surveyor today they hope to have the description by the end of the day tomorrow. COUNCILMAN STEC-Requested update on BayBridge Sewer TOWN COUNSEL HAFNER- Met with Bob Vallaro approximately a month ago, we made the changes to the agreement, at that time he had not gotten written confirmation from Glens Falls on the buy in amount. . . he has not called me back. . . COUNCILMAN STEC-Re: Five lanes Main Street I thought it was dead and buried. SUPERVISOR BROWER-I think it is. EXECUTIVE DIRECTOR ROUND-Representatives from QEDC and Greater Glens Falls LDC we have been trying to communicate with the County that we need other improvements not five lanes, we need new ramps at the interchange that we need a service road from Main Street to Luzerne Road that we need improvements to Western Avenue intersection and improvements to Luzerne and Western Avenue intersection, the County DPW has taken a position that they are going to limit their work to whatever can take place within the right of way and we are trying to make sure that they see that as short sighted and that the complete project be executed. 7.0PLANNED DISCUSSIONS NONE 8.0ATTORNEY MATTERS TOWN COUNSEL HAFNER-Updated the Board on the progress of the South Queensbury Sewer project. . .it is moving forward. RESOLUTION ADJOURNING MEETING RESOLUTION NO. 374.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Session. Duly adopted this 11th day of September, 2000 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Martin, Mr. Turner Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury