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2007-03-05 MTG8 Regular Town Board Meeting 03-05-2007 MTG#8 219 REGULAR TOWN BOARD MEETING MTG#8 MARCH 5, 2007 RES#116-129 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS WATER SUPERINTENDENT, BRUCE OSTRANDER WASTEWATER DIRECTOR, MIKE SHAW FISCAL MANAGER, BARBARA TIERNEY EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, BLANCHE ALTER PRESS POST STAR, TV 8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER 1.0HEARING/PUBLIC HEARING LAKE GEORGE CAMPSITES, LLC’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1053 STATE ROUTE 9 OPENED SUPERVISOR STEC-This is a hearing. The Town Board has the authority to grant a delay to property owners in the sewer district from making the physical connection usually it is motivated by working around construction timing desire. As I have said, many times we have done a lot of these on Route 9. There is no financial advantage against the Town or against the district in saying, I will put this off and connect at a later date they still pay as though they are tied in but what it does it allows them to tie in at their convenience. I’m not sure if the owner or the applicant is even present, this evening it is not normally necessary. Does the Town Board have any discussion on this? COUNCILMAN BOOR-Yeah, second page second resolved it should be March 5, 2008 not 2007 correct? SUPERVISOR STEC-Extension time until March 5, 2008. COUNCILMAN BOOR-Otherwise they would only have four more hours. SUPERVISOR STEC-You are correct. COUNCILMAN BREWER-I just want to ask Mike Shaw one question Dan. Mike do you keep track of these and how long do we let these go do we let them go forever. I understand that they pay the fees and everything. WASTEWATER DIRECTOR, MIKE SHAW-That is up to the Town Board. When their time is up, we will let them know that they are up. COUNCILMAN BREWER-I guess, what I am saying is if this comes back to us next year we will know this has been repetitive. Regular Town Board Meeting 03-05-2007 MTG#8 220 WASTEWATER DIRECTOR, MR. SHAW-What we could do we don’t normally… COUNCILMAN BREWER-Track them. WASTEWATER DIRECTOR, MR. SHAW-We can always….if it comes before you the second time. COUNCILMAN BREWER-If they are using the same excuse it is winter and we don’t want to do it in the winter type of a reason then maybe for just our own information. SUPERVISOR STEC-Our winters are long but not that long. COUNCILMAN BOOR-The other question would be did this already get a two-year and now this is a one-year or did it get a one-year before? SUPERVISOR STEC-I was going to say I don’t think we have ever granted a two. COUNCILMAN BOOR-Initially when we first started these we did two so I just want to know if this was coming off a two-year or a one-year. COUNCILMAN BREWER-That is the exact reason for my question. SUPERVISOR STEC-As it was pointed out this would be an extension until a year from today March 5, 2008 is that a motion by somebody. RESOLUTION APPROVING LAKE GEORGE CAMPSITES, LLC’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1053 STATE ROUTE 9 RESOLUTION NO.: 116, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Lake George Campsites, LLC has applied to the Town Board for a § variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect its property located at 1053 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that it requires more time to develop and finalize the sewer connection plans and the existing on-site sewage disposal system consisting of a sewer network and traditional septic tank and leach field pose no known problems, as more fully set forth in the Applicant’s application, and Regular Town Board Meeting 03-05-2007 MTG#8 221 WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on March th 5, 2007, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves Lake George Campsites, LLC’s § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 th “Connection to sewers required” and grants a one year extension of time or until March 5, 2008 in which to connect the Lake George Campsites, LLC’s property located at 1053 State Route 9, Queensbury (Tax Map No.: 295.12-1-6) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of March, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None CONTINUATION OF PUBLIC HEARING REGARDING COMPREHENSIVE LAND USE PLAN Regular Town Board Meeting 03-05-2007 MTG#8 222 SUPERVISOR STEC-Again, the public hearing was left opened. We have taken some written comments over the last several months. I think we started this public hearing back last fall so it has been at least four or five months that we have been taking comment on and off at these meetings. It is the board’s intention as we discussed in a workshop this is really driven by the legal process and the timing and all the hurdles that Stu is going to end up walking us through as far as SEQRA and the County and all the other agencies that will be involved. We have taken a lot of comment the board has provided some comment to Stu as well. The process would require that we close this public hearing assuming that the board is going to follow through with some of our own changes, close this public hearing and take no action tonight, which is I think the intention of where we are trying to go tonight. Then at a later date in the very near future Stu is going to wrap up the changes that the board has suggested based on the feedback we have received so far from the public as well as our own input. Then in the very near future readvertise a new public hearing on those revised changes and then perhaps at that time adopt the Comprehensive Land Use Plan hopefully not dragging this out too much longer so that is the boards intention. We are looking again for any new comment we have taken a lot of comment on this over the last several months, but the public hearing we are going to conclude tonight and almost certainly take absolutely no action other than as I just described and head towards a new public hearing. With that said is there anyone that would like to comment on the public hearing involving the revised Comprehensive Land Use Plan in particular anything new. TED RAWSON-725 WEST MOUNTAIN ROAD, QUEENSBURY-I just have a little bit I will keep it short and sweet. I have a problem number one; I do have a substantial amount of property where I am. For this change to take effect the way it was presented to me economically for me it is going to crush me. I found out about this in the local barbershop. I was in here a little over two months ago to start a subdivision with some of my property nobody told me anything. Nobody said hey, this is what we got we are thinking about doing this you know you might want to look into it or this is what we got proposed this just blindsided me. I found out last week and as soon as I found out my next stop was up here because I wanted some explanation. Five years ago when I bought my property nobody said guess what you know we are going to pull the carpet right out from underneath you in about five years. I have a family, I have a daughter I plan on taking my property and giving it to my child something, I never had when I was a kid. Believe me I understand Queensbury is growing and I understand you people want to pull back the reins on us so to speak that’s fine. I don’t think I feel that our zoning isn’t the problem per se the way it is right now. Maybe let’s take the gray area the things that we are not so sure about that’s out there right now and let’s pull them in let’s get a yes or no instead of saying alright I’ve got a better idea. Instead of zoning it where I want to put my house it is zoned three acres I don’t have a problem with that it is zoned three acres fine but, when you are going to come back and say yeah, but we want you to have three acres for the house and three acres just for the woods. The only problem is that it is going to put me in the poorhouse. What does that do for my daughter when I want to give it to her for down the road or when I want to retire and I want to have a nest egg what do, I do. I might as well just put everything on the market now does that mean my property value right now is cut in half. COUNCILMAN BOOR-Ted, with all do respect I mean it sincerely; I have no idea what you are talking about. I don’t know where you live. I don’t know what it is zoned now. I don’t know what you have been told as far as what is being proposed to be rezoned. I hear your distress, but it is unclear to me what you are talking about. MR. RAWSON-I’ve looked at the maps. The new map the way it is supposed to be proposed. COUNCILMAN BOOR-That map isn’t the final map just so you know. MR. RAWSON-I understand that. All I see is what I see. COUNCILMAN BOOR-I get nervous when you say I’ve been in the barbershop and here is what is going to happen. Regular Town Board Meeting 03-05-2007 MTG#8 223 MR. RAWSON-I get nervous too when I’m not notified and owning over a hundred of acres on West Mountain you can understand I pay taxes and I pay them handsomely. COUNCILMAN SANFORD-Aren’t you in the park the Adirondack Park? MR. RAWSON-No. I have a hundred acres it is in the park and I’ve got thirty acres its out of the park. COUNCILMAN SANFORD-The hundred acres that are in the park what’s the zoning there? MR. RAWSON-I think right now its ten acres. Do, I plan on doing anything with it in the near future no? Do, I ever plan on doing anything I can’t answer that. The only thing is…. COUNCILMAN BOOR-The thirty acres what is that zoned now. MR. RAWSON-Three acres. COUNCILMAN BOOR-What is it proposed as you were told in the barbershop to be zoned? MR. RAWSON-It is supposed to be sub dividable. COUNCILMAN BREWER-I have the map can you show me on the map. MR. RAWSON-Suburban whatever that is I don’t know before it was yellow. COUNCILMAN BOOR-You haven’t given us anything we can respond too. COUNCILMAN STROUGH-Ted is your piece of property at the end of Potter Road. MR. RAWSON-Yeah, you know where it is. Right now I have a six-parcel subdivision I want to do it is zoned one acre. COUNCILMAN STROUGH-What they are saying now is it is moderate residential right, which is I don’t know why they word it this way half a unit per acre. Why don’t they say one unit per… COUNCILMAN BOOR-One for two acres. COUNCILMAN STROUGH-Yeah. What was the zoning previously? MR. RAWSON-Right now it is zoned one acre. Where my house sits right now that I live in is zoned one acre. I want to build my house approximately nine hundred feet farther up on the mountain next to the Hayes Group, okay still my parcel I want to build my house there. COUNCILMAN BOOR-I don’t know why you can’t if you have thirty acres I don’t know what you are getting at. MR. RAWSON-I know that, but it is a thirty-acre parcel if you come in and tell me that we are going to change it. Now, like I said I only looked at that map and that map was saying… COUNCILMAN BOOR-If, I understand Mr. Strough correctly assuming you subtract out roads and common grounds if you have thirty acres and it goes to two acre I’m guessing you can put ten to twelve homes in there I’m not the Planning Board and I don’t want to be quoted on that. The issue that you may not be able to build another home is unrealistic at best. Regular Town Board Meeting 03-05-2007 MTG#8 224 MR. RAWSON-Not that I can’t build a home. If it is zoned if I have, twenty-five acres left and its zoned three acres right now that was my understanding…. COUNCILMAN BOOR-I thought you said it was one acre zoning. MR. RAWSON-It is the mountain goes up it changes as the slope progresses. COUNCILMAN BOOR-There is not enough detail… MR. RAWSON-I don’t have any maps. COUNCILMAN BOOR-We don’t either. COUNCILMAN BREWER-I’ve got maps right here. MR. RAWSON-I mean this isn’t my proposal it is the Towns proposal. I just want to make sure that I didn’t just buy a broken down truck. COUNCILMAN BREWER-I think first of all you should have to understand what we are doing here tonight is the Comprehensive Land Use Plan this is not zoning. COUNCILMAN BOOR-This is not zoning no zoning is being discussed tonight. COUNCILMAN BREWER-This is a guideline for us to follow when we do zoning. This is not the final say right now for the zoning maps or any zoning area in the Town we haven’t even started working on that hardly yet. COUNCILMAN BOOR-This has nothing to do with zoning it is the Comprehensive Land Use Plan. MR. RAWSON-So, I don’t have to worry about it. COUNCILMAN BOOR-I’m not saying that but we haven’t as a board adopted a Comprehensive Land Use Plan let alone looked at the zoning, which comes after adoption of the Comprehensive Land Use Plan the zoning is a non-issue at this point. SUPERVISOR STEC-We won’t be adopting anything tonight we are looking to take some feedback. COUNCILMAN BOOR-We are not going to be looking at zoning tonight. COUNCILMAN BREWER-What I recommend for your own benefit as much as ours… SUPERVISOR STEC-You meet with staff. COUNCILMAN BREWER-You meet with staff or you can meet with John or any of us for that matter and we can explain to you how the process has gone, and how it works, and how it is going to work I don’t think anyone of us would have a problem doing that. MR. RAWSON-All right. COUNCILMAN BREWER-Feel free to call any of us, but I am not saying you can’t talk now. MR. RAWSON-No offense, but I walked down into my barbershop and there are two maps there is one the way it is now and the one that is proposed. In the park where my property is in the park, it is going to go to forty-two. I have sixty acre parcel and forty acre parcel so the forty acre parcel in a sense not that I would ever think about in the near future building on it, but you are telling me that forty acre parcel…. COUNCILMAN BOOR-We are not telling you anything. Regular Town Board Meeting 03-05-2007 MTG#8 225 MR. RAWSON-I understand that. COUNCILMAN BOOR-But, it doesn’t sound like it we haven’t even looked at zoning yet. MR. RAWSON-Right, now I understand that. I just want to make sure that I didn’t miss the boat to voice my opinion. Well, you know you should have been there we had three meetings. COUNCILMAN BOOR-There have been meetings for two years that have been advertised. COUNCILMAN SANFORD-A couple of other things you have to consider any time you look at what you might be able to do with a parcel of land you have to look at things in terms of density that’s what your concern is. MR. RAWSON-Right. COUNCILMAN SANFORD-You have to look in terms of how steep the slopes are. Whether there are wetlands, whether or not you have other agencies that will put restrictions into place such as the Adirondack Park Agency in terms of minimum lot size. It really is almost an individual exercise, but as this board has discussed what we are trying to do here is the broad pictures in terms of the Comprehensive Land Use Plan then that will get reduced down into the specific zoning. At that particular point in time, that’s when you have the impact that may or may not negatively impact at least your vision of what you want to do with your property. At this particular point in time you are a little bit ahead of yourself. MR. RAWSON-Okay. COUNCILMAN SANFORD-Having said that I mean, you know there is concern that on the mountain that there be an inclination to go to some less density simple because of the slopes and the issues that we have in terms that have been identified in the Comprehensive Land Use Plan if you get a draft of that you could read that. MR. RAWSON-Right. COUNCILMAN SANFORD-Right now, I think you are getting a little bit ahead. Although, I like the idea of the barbershop maybe we should have a meeting there. MR. RAWSON-That’s where you hear a lot of stuff in the barbershop. COUNCILMAN BOOR-Absolutely just don’t bet your life on it that’s all. MR. RAWSON-All right, thank you for your time. COUNCILMAN BOOR-Thank you. COUNCILMAN BREWER-Please do though give anyone of us a call we would be happy to sit down with you and talk to you about it. MR. RAWSON-I will so that way we are on the same sheet of music and also you know where I am coming from. I’ve got this property and I am not saying I want to go and put a house on it every acre. I just want to make sure that my future isn’t hindered by what is going to go on with the board without me even knowing I just don’t want to be blindsided. COUNCILMAN BOOR-That’s understandable. COUNCILMAN SANFORD-Understand. Regular Town Board Meeting 03-05-2007 MTG#8 226 MR. RAWSON-I am not saying that I am, but I just wanted to voice my opinion. All right, thank you. COUNCILMAN BOOR-Totally understandable. SUPERVISOR STEC-Thank you. MIKE WILD, 22 YEAR RESIDENT OF TOWN OF QUEENSBURY-I worked as a Management Consultant. I also own some land in Queensbury that I have subdivided and developing now so I know a little bit about that process. I am a member of the Local Builders Association, I am also on the board of the Planning Ordinance Review Committee that you gentlemen appointed me to. I have a few thoughts about the plan specifically related to the last gentlemen that came in, in terms of the awareness in the community, but first I would like to speak about density I have spoken in front of the board about this a number of times. There is a lot of confusion and uncertainly as far as the plan states in terms of density. The statements that I heard made earlier tonight about there is no zoning defined in the Master Plan I believe there is. In the moderate density, there are statements in there that says that you can allow one unit for every two acres that is for the moderate density. In addition to that, there is also statements stating the fact that you need to preserve at least fifty percent of your land for open space. COUNCILMAN BOOR-In all zones. MR. WILD-In the rural density it is two thirds to the land that needs to be conveyed for open space. COUNCILMAN BOOR-In all the designated zoning there is that provision. MR. WILD-In two zones the moderate and the rural density zones if I am not mistaken. I am not sure about the higher density zone whether there needs to be open space conveyed or not. There is a lot of confusion in terms of the community. I know whom I have spoken with in terms of what really is happening with the plan. Are we going to lose density? Are we going to gain density? I have spoken with individual members of the board and I heard that you don’t believe that there is going to be any impact to the density. Well, recently I asked the town staff to take advantage of some computerized information that we have it is called a GIS (Geographic Information System). It has the ability to analysis our property and to determine whether a specific parcel on a town-wide basis can be developed and to what density based on existing zoning and the proposed zoning based on the plan. This request was made to staff the request was denied. The denial was based on some legal basis from what I understand that made the information foilable. From my understanding, what foil able means is it is the Freedom of Information Act, it means it is available to the public. COUNCILMAN BOOR-What specifically did you ask for? MR. WILD-I asked for an analysis of density based on what the new Master Plan was going to do to the community. COUNCILMAN BOOR-When you say what it would do to the community you are just talking about the changes that would take place. In other words one acre to two, three to one. MR. WILD-And actually look at the individual properties. COUNCILMAN BOOR-I mean not an economic. MR. WILD-Not economic. COUNCILMAN BOOR-Okay. MR. WILD-The Town did this study it is called the Population Projection and Build Out Study. Regular Town Board Meeting 03-05-2007 MTG#8 227 COUNCILMAN BOOR-Build Out. SUPERVISOR STEC-Right. MR. WILD-The Chazen Companies actually used GIS data to determine how many… COUNCILMAN BREWER-That is the study we did with the school. MR. WILD-How many buildable units that were available within the Town. So, what they did they took the existing zoning at the time and looked at every single property. Whether it was developed, undeveloped, what the constraints were on that property. They could determine whether or not an individual parcel could be sold potentially to a developer to put one more house on, five houses, or twenty houses that data is there. COUNCILMAN BOOR-Right. MR. WILD-It could be done for the new Master Plan, also. I am on the committee that is rewriting the zoning and we have gone through significant work to redefine what that new zoning is. Actually getting into the details and writing the zoning for those specific areas Mr. Strough sits next to me on that committee many times. There is a lot of uncertainly we have the ability as a board to make a decision and as a committee to make a decision based on data. Right now, the way the plan is and the way the committee has set the move forward we are making decisions based on assumption. In business, you have to make sometimes, decision based on unclear data. If you have data, you get that data you make a clear decision. There are so many residents in this community that look at those maps and say what does it mean to me and they don’t know. You have the ability with the computers and the information that’s in the Town to be able to produce that data for the residents so they can understand whether or not they want to support this plan or say no, the impact is too much. COUNCILMAN BOOR-Mike one of the difficulties, I can understand why you want to do this, but as Ted was talking to earlier, every property is different. I have to believe in his instance is probably going to have some of his property that has slopes over fifty and twenty percent. You can certainly try to educate the public, but a lot of times, they are not interested in being educated until they are ready to do a project, as you probably are aware. We can do an awful lot and I’m not sure if the public at large gains a lot from that. It is typically, only when they are going to do something that’s when they get involved and that’s when they show up at the Planning Department saying, hey here’s what I would like to do. That is almost unfortunately when the education process starts in earnest. I don’t know if we can light a fire under people or run an ad in the paper and say you need to be interested in this it is difficult to do. SUPERVISOR STEC-We’ve done that. MR. WILD-I agree. COUNCILMAN SANFORD-How long has this process been going on and you have been there since the beginning. MR. WILD-I have been. How many people actually have been part of that process it has been very very few. COUNCILMAN SANFORD-But, how long has it been going on. That is not a rhetorical question…. COUNCILMAN BOOR-I think its two and a half years. COUNCILMAN SANFORD-Two and a half years. One comment about a more objective nature. I think what you are talking about is trying to quantify a lot of this. On a more objective nature, I think that it is a judgmental call. I think that basically if you take the Comprehensive Land Use Plan as a body of work it is calling for some lower densities. That basically comes right down to it a political decision or judgment based Regular Town Board Meeting 03-05-2007 MTG#8 228 upon the input over this last two and a half years in terms of trying to sort through filter out what the people are telling us about things such as traffic, aesthetics, crowding in the school, the cost associated with infrastructure. On the other hand, what some groups such as your groups are saying about individual property owner’s rights to develop and make a profit in their construction trade. There is no right or wrong answer to this and it is subjective. I think that after two and a half years it has kind of boiled down to the product that we have in hand and then take it to the next step within the zoning. To try to do and analysis, which at the end of the day has an equality of density pre-new Comprehensive Land Use Plan equals density after that I don’t even think that’s the outcome that anybody looking for. I am not so sure it is a prudent exercise to go through when in fact the bottom line is people in this Town in balance and unbalance are looking for some lower densities. It may not suit everybody some people may be very upset about it, but that is probably what’s going to happen. MR. WILD-That’s my point the people that are going to be upset about it are not going to find out until long after the fact. It is important that they should have a chance to have their say. COUNCILMAN BOOR-But, they have had two and a half years Mike. COUNCILMAN SANFORD-They have had two and a half years. MR. WILD-I understand. You also have the ability how much density reduction do you want, how much is enough do you know? COUNCILMAN BOOR-The Comprehensive Land Use Plan I think it gives a vision. MR. WILD-What is it resulting in? COUNCILMAN BOOR-It gives the vision of what people want to see when they open their door in the morning they get in their car and they drive to wherever they are working. They have a vision of what they would like and when they get out of work. I need to go shopping where can I go to go shopping is it convenient can I do it in a timely fashion. Do I have to schedule my day around when the traffic is I mean those are all comments… MR. WILD-I understand that. I understand you have some very difficult decisions to make because you need to do this for the whole community. COUNCILMAN BOOR-I hear you… MR. WILD-At the same time what we have is a base of misrepresentation here because you may very well have the people that own their half acres lots their one acres lots saying, I don’t want anymore development. What you do is you take the people that have the larger tracks that may want to preserve this land for their family in the future to give it as an investment because they bought it as an investment to sacrifice their investment for the betterment of the whole without any compensation. COUNCILMAN BOOR-I don’t know if that is true. How do you say no compensation? MR. WILD-You are reducing your density. It is a simple matter of mathematics it is supply and demand. COUNCILMAN BOOR-It actually isn’t. I lived in California and I want to tell you how that works. You wouldn’t believe the premium you pay for a large parcel. I can give you instances where if you have ten acres and if I said you can subdivide it into ten your first thought is I can make more money if I can subdivide that into ten. I can show you examples where I can say you can put two on it and they would make more money putting two on it than ten because there is a market for those types of estate homes. The notion that it is pure dollars that this comes down to is not necessarily the case. There are people willing to pay a tremendous amount of money for larger tracks of land and privacy. Whether or not that is philosophically in line with what you like is another Regular Town Board Meeting 03-05-2007 MTG#8 229 question, but to say that because something can have more houses on it will derive greater value and profit should somebody sell it I would take exception to that. MR. WILD-I understand your point. COUNCILMAN BOOR-I was a builder, we built homes that were on twenty acres, and they would go for thirty five million dollars you know. MR. WILD-I understand your point, but you are also talking about the community as a whole. When you do something like that, you make any new resident coming into Town almost like you are looking for the elite. COUNCILMAN BOOR-No. MR. WILD-You don’t want any affordable housing. COUNCILMAN BOOR-That’s your statement. MR. WILD-No, I’m sorry. COUNCILMAN BOOR-That’s your statement not our statement. MR. WILD-I’m sorry. If you are saying, you can make more money the landowners aren’t going to lose value because they are going to gain by selling much more expensive houses than the only people that can come into Town are those that can afford it. So they have to spend five hundred thousand or a million dollars for…. COUNCILMAN BOOR-Who pays for the school taxes Mike. If you want to put high density in and you want to bring a lot of people into the area who is paying those taxes. MR. WILD-Don’t misrepresent what I am trying to say. I am not trying to say that I am looking for higher density. What I am looking for is the fairness of conveying information to the people of the Town to say that there is a certain number of landowners that are going to be losing their rights to do what they want with their property to satisfy others in the Town who do not own that property. COUNCILMAN BOOR-Mike why aren’t these people involved in the process if they are that passionate. If they have the passion that you have and they have the feelings that you have why aren’t they at that microphone making that case they have had two and a half years to do it. There are some and I can understand what you are saying, but I don’t see a lot of people making that case. COUNCILMAN SANFORD-What we could have done instead of having a two and a half process unilaterally this board could have had a number of workshops and determine the vision that we thought made sense for the Town. Instead what we did is we hired consultants set up a PORC Committee had countless outreach meetings so that people could come to those sessions hear ideas weigh in on what they liked, what they didn’t like, so that there was consensus building. I’ll tell you a lot of people were inpatient with the process it dragged on, and on, and on, and on. Now, at this particular point in time to hear that perhaps or to suggest that there hasn’t been due diligence is just not right. This process in my opinion is well overdue for closure. I believe that the opportunity has been afforded numerous times to everybody to weigh in on it and I have to say that this is really, what democracy is all about. You let the people weigh in you incorporate their lots you put together a program even this public hearing process is dragging on, and on, and on, and on. To think that this go on for another six months I can’t even go there I think this thing is ready to be concluded. I think we have heard from every source possible I think you have a product that you can be proud of and yet it is not going to be equality that’s why we didn’t go into this process to keep it status quo. We went into this process to try to ascertain what the people really thought needed to be done to improve the community and basically, density was an issue traffic was an issue, school taxes was an issue. Regular Town Board Meeting 03-05-2007 MTG#8 230 MR. WILD-Those are all mother pie issues. COUNCILMAN SANFORD-Development, wetlands, and floodplains were an issue. The bottom line is we are hoping to correct some of the problems that have taken place over the last twenty to thirty years of development in this community. As a builder or as a developer you are going to take issue with some of those. For the other people the people who live in this Town they are going to applaud it that is the compromise of democracy. MR. WILD-I understand there must be compromise and I believe we are saying the same thing. We wish there was much more public input because I have gone out into the community, talked, and spoken with many people concerning these issues. I have heard many many people totally frustrated with not being aware of what’s going on with the process I understand that is not an easy thing for this board to be able to accomplish. COUNCILMAN BOOR-You are not blaming us for that are you? MR. WILD-No. COUNCILMAN BOOR-Okay. MR. WILD-Please don’t take that as my point that is not it. I am frustrated as well as you are that there is not much more public input to this. Eventually things do have to close, but I need to go back to my point. You guys are making decisions based on land use in the Master Plan you can’t say you did not touch density because you definitely are; there is zoning in the Master Plan. The new zoning regulations are being written with respect to what is defined in the Master Plan. You have the ability to identify landowners that are going to be severely impacted by this and to be able to have an opportunity to get their input inside of surprising them when they come down the road two, three, five, ten, twenty years down the line. COUNCILMAN BOOR-Every ten years we do one of these we try, too. COUNCILMAN BREWER-If we were to take a list of those people that own say a minimum of twenty five acres and send them all a letter how long do we wait for them to come in and make comment? MR. WILD-I don’t know give them three or four weeks give them a chance. Get the letter out at least notify people that there is going to be a change. That is the fair thing to do it is democracy you get input from the people. You are not getting input from the people that are being impacted by this because they don’t know. COUNCILMAN BREWER-These people you speak of that you talk to about this why aren’t they here. MR. WILD-There are some. COUNCILMAN BREWER-There are some okay. COUNCILMAN BOOR-Well I hope they get up and speak because to be silent is a curse upon yourself. MR. WILD-I agree. COUNCILMAN SANFORD-This Town has done everything short of begging for community participation. I actually think we have done that we have actually begged people to go to these meetings. MR. WILD-I know I agree. I have been there and I have sat for hours before I have had an opportunity to make my comment. I have had issues with the mechanics of the meetings, but at the same time, I truly believe that from a fairness standpoint the board has the ability to identify the landowners that are going to be affected. I am not sure how Regular Town Board Meeting 03-05-2007 MTG#8 231 many man-hours it would take to do that it has been done before with the current build out study. I think you have an obligation at least from a fairness standpoint to notify those individuals and move forward. SUPERVISOR STEC-Mike let me interrupt for just a second, add to some of what the board has said, and then ask a question that I believe I know the answer to of staff. The public hearing on this has been going on for at least five months. We televise two meetings a month so that is ten televised meetings. We have not advertised it on part of the agenda all ten of those, but I will venture to guess half of those ten and numerous time it is on television. We are the only community in the area that televising its meeting, Glens Falls just started as well we are on television lord knows the newspaper cover us. The question I was going ask Stu is earlier on in this process Stu one…of the stretch that we had heading into all this it may not have been recently, but certainly, we invited larger landowners; we identified them and invited them. COUNCILMAN BOOR-Yeah, because Mike Brandt was there. SUPERVISOR STEC-Right. I remember that a letter went out I don’t know what criteria we used to identified them. COUNCILMAN BOOR-Marilyn might have done it Marilyn did it? SUPERVISOR STEC-Certainly at least back then. STU BAKER, SENIOR PLANNER-I don’t know that we did one specifically landowners, but we certainly we did one to developers or those that we knew had developing interest. COUNCILMAN STROUGH-We did do a charette for large landowners for the open space. SUPERVISOR STEC-Yeah and I thought that was at the high school maybe. SENIOR PLANNER, MR. BAKER-It was the Open Space Vision Plan then. SUPERVISOR STEC-It was more recently than that. I will be the fifth person to say that literally we have begged people to come. COUNCILMAN BOOR-We are begging right now. MR. WILD-Thank you myself, also. SUPERVISOR STEC-We are not acting on this tonight. I don’t want to an open ended commitment here because the board believe it or not has other business to attend to in the Town. We have been working on this for two years it is important it is important to the community. We do need to balance the rights of those that are already here with those that haven’t built yet, but are paying taxes on their property. I think we are all sensitive to that to a varying degrees. We’ve asked for people to come not just at these meetings, but at the PORC Meetings we advertise those they are reported as well in the newspaper I don’t know what else we could of done to get people to come. Frankly, I interpret that, as people are satisfied with the status quo in land use. Sure, if you knock on doors and say would you like less density are you for trees or asphalt you are going to get people to say I’m for trees and that’s fine. I take the lack of participation as a general overall satisfaction with both the status quo and what we have been proposing. Maybe not everyone knows about it, it has been going on for two years. I don’t know what more the Town Board or staff could of done to let people know that we are doing a comp plan. MR. WILD-I understand and I thank you for the opportunity to voice my concerns again. I would really like you to consider my request to notify those landowners that are going to be affected. COUNCILMAN STROUGH-Mike my question would be when? Regular Town Board Meeting 03-05-2007 MTG#8 232 MR. WILD-Tomorrow. COUNCILMAN BOOR-We haven’t got the zoning. COUNCILMAN STROUGH-Mike we just went through a very long and lengthily meetings you, I, and the others about zoning changes. We talked about zoning changes on Route 9, Quaker Road, Route 149, so the map is not set yet. I have been part of the process the whole way every single meeting or just about. Some of the zoning we have come up with I don’t remember hearing at any public hearings. I don’t hear any of the public state that they thought mix use was good along Bay Road, I didn’t hear that once from the public. I didn’t hear it once from the public that they wanted to see residential along Route 9 in the commercial section not one member of the public. However, we ended up with some zoning types that seem to be the creation of possibly Saratoga Associates. We tried to convey to Saratoga Associates that we do not think that what you are proposing is reflective of our community vision and it is not reflective of the community hearings, it is not reflective of the community input we don’t know where they came up. Let me to close by saying generally you and I agreed on most things. MR. WILD-I agree John it is scary sometimes. COUNCILMAN STROUGH-But, we do. I think there is common ground and a common sense way of going, but right now, we don’t even have the zoning. MR. WILD-You brought up a point that I forgot to mention and I am going to say this very briefly. There is some zoning in there that allows residential above commercial or retail in some zones of the Town. If we talk about density, I would prefer myself personally to see more single-family homes than I would see apartments. COUNCILMAN BREWER-You are talking about Main Street apartments. MR. WILD-Main Street, commercial corridors. It was mentioned in the plan and as Mr. Strough mentioned we had some significant discussions about why that needs to be in there in areas such as Quaker Road. It is even a possibility that it could be intrepreted to allow that, which we need to discuss some more. COUNCILMAN BREWER-I got to tell you nothing is going to be perfect. MR. WILD-I understand. COUNCILMAN BREWER-There is going to be changes made. I guess there has to come a point when you say enough is enough. MR. WILD-The winners win and the losers lose. COUNCILMAN BREWER-Well, I mean like everybody here has said it has been two years where are all these people. COUNCILMAN BOOR-We could do this forever. MR. WILD-I’m sure you could. COUNCILMAN BREWER-Do you have a short list. MR. WILD-My point again today is to try to build more awareness and say get involved find out. If you own land, it behooves you to pay attention and speak to staff or identify what might happen to your interest with this plan. Thank you very much gentlemen. SUPERVISOR STEC-Thanks Mike. JOHN SALVADOR-With regard to this public hearing about a year and a half ago I submitted an application to the planning staff for a zoning change. That application has Regular Town Board Meeting 03-05-2007 MTG#8 233 been relegated to the dustbin of the PORC Committee. There has been no discussion on it I have raised the issue a couple of times. How much longer are we going to have to wait my particular situation is this? I own two parcels of land one of them is zoned waterfront residential the other is zoned three acre rural residential. The three-acre rural residential is tied by use through a subdivision approval to the activities that go on in the waterfront zone that are allowed to go on in the waterfront zone. The three-acre rural residential land has a thousand feet of waterfront technically speaking so it seems logical to me to have that zoned also waterfront. We are faced with the fact that rural residential use on that land is virtually impossible. It can’t meet setbacks it can’t meet the wastewater requirements so it is useless it is useless land as three acre rural residential. We have been waiting a year and a half and nothing is happening now it looks like we are going to wait even longer I don’t think its fair I think it is uncalled for. I believe there are about five or six other applications. SUPERVISOR STEC-There is about five or six. COUNCILMAN BOOR-There are four that I am aware of. We have Top of the World. We have one on Bay Road down here that actually wants to go to professional office, which Bay Road that is what the Master Plan that’s what the plan says. I feel bad because along with those and I don’t remember what the other one is, yours is one of them. We essentially said we are not going to do any rezoning until this is zoned so to counter perhaps the argument that we should continue to take a lengthily public comment hurts individuals such as yourself who have been waiting certainly longer than you should have to for your hearing to go on. There is a downside to spending too much time on this exercise and you are a perfect case to that there are two sides to every coin. That is why I would prefer to continue moving expediously. COUNCILMAN SANFORD-We want to wrap this up John. I don’t why you are saying we are going to be procrastinating. If it is based on the last conversation, we had with the prior gentleman that’s not how I am reading it. I am reading that I want to wrap this up as soon as possible and move into the zoning, okay. MR. SALVADOR-It doesn’t look like there will be anything done with regard to a request for rezoning until the zoning plan is completed. COUNCILMAN BOOR-I don’t think that is going to take that long. COUNCILMAN SANFORD-In terms of the Comprehensive Land Use Plan. COUNCILMAN BOOR-We are not rewriting every zone, I hope. MR. SALVADOR-You’re not. COUNCILMAN BOOR-I hope not. MR. SALVADOR-You want to take a look at the production. COUNCILMAN BOOR-Not until it is ready to looked at. I have looked at ten copies of the CLUP. MR. SALVADOR-I have just one other point with regard to the Comprehensive Land Use Plan. SUPERVISOR STEC-Yes, sir. MR. SALVADOR-I would hope when it is finally presented for public comment that you have a Draft Environmental Impact Statement to be reviewed and commented on by the public that is required by law. Not that you have just a public hearing on the plan close the public hearing then do your SEQRA review. I think we should see the Draft Environmental Impact Statement. Regular Town Board Meeting 03-05-2007 MTG#8 234 SUPERVISOR STEC-Thank you, John. Anybody else on this public hearing this evening. PETER WEIDMAN- I am a resident of the Town of Queensbury I have been for many years. I have been here from what you may say was the beginning of the housing boom in the Town of Queensbury twenty-five years ago. I am a builder I rely on the healthiness of the building industry to provide me with my livelihood. As well as myself, many people that I employ also rely on the healthiness and the continued construction industry around the entire area here not exclusively in Queensbury, but Queensbury over the last twenty years has been the place to be so to speak as a result our population has grown. I personally don’t see where that has been a determent to the community. We have actually come a long ways because of the growth we have been able to do things that perhaps would not have been able to be done if we didn’t have the growth we do. We have an excellent school system. We have a school system that some people complain about the cost of. If you look at the cost of our school system here in relation to the cost of the schools around us you will find that Queensbury is a bargain with the exception of Lake George that has a…. COUNCILMAN BOOR-A better bargain. MR. WEIDMAN-A better bargain. If you compare our school system and the cost of our school system to the taxpayers on an average basis, you will find that our taxes in Queensbury are very low. The reason they have maintained that level is because of the continued growth. Some of the other areas around our community that have not had the growth that we have had have seen their cost of school systems increased faster than their tax base. So consequently, what happens the taxpayers have to pick up the larger portion of the load year after year. If you look at some of the other communities around us, they have had tax increases over the last five years that would knock your socks off. To a point where the residents a lot of them may have to move out of the community sell their homes and move out because they cannot afford the taxes we don’t see that in Queensbury. Again, because we have a good tax base and we have a continue growth I would like to obviously see that continue. We may not be able to see it continue at the rate it has, but we would like to see it continue. Our concern is and my concern is not just for myself I am also President of the Builders and Remodelers Association of Northern New York. We are a local building trades association we have approximately a hundred members some builders, some wholesalers, and some retailers. We all rely on the building industry to make our living and provide our livelihood. Without a healthy building industry, a lot of people who rely on that industry are going to be without jobs. If we start to get into a situation where the quantity of building diminishes, it will definitely diminish with the proposed options that are being presented. We feel that it is going to create a hardship on our members and our members are very concerned of that situation. The other concern that I personally have is Mr. Rawson himself who was here speaking earlier who just found out about the process at the barbershop. I don’t agree that there has been any quantity of public knowledge out there or public information out there to let the people know to the degree that this proposal could affect their land and ownership land. I have a problem with people who live on half-acre lots or one-acre lots dictating to other people who have owned and maintained larger parcels of property that they feel that you should not have a right to the same privileges that they do when they bought their half acre lot. I further have a concern with we are forcing the cost of land to go. The cost of land in Queensbury at its currently level of one acre zoning is getting to the point where it is very difficult for the average working person to be able to afford a piece of land to build a house on. When you start looking at seventy five to a hundred thousand dollars for a building lot and then put a decent house onto it, you are looking at a substantial figure you are looking at three to four hundred thousand dollars on an average house in the Town of Queensbury on a one-acre lot. How far can we push the price of land and still have the average person who lives and works in Queensbury be able to afford to live here? That’s the concerns that I have and that our builders association has. We hope that you will review your plan you will review the proposed changes and take into consideration the economic effects on the people who live and work here and also the people have land that may want to be able in the future use that land to provide them with income for their family or for their retirement. Thank you very much. Regular Town Board Meeting 03-05-2007 MTG#8 235 SUPERVISOR STEC-Thank you Peter. Is there anyone else that would like to comment on this public hearing? BILL HERLIHY-9 Reardon Road, Queensbury. Listening to all of these different comments, do you know off hand what the means average cost of a house is in Queensbury? SUPERVISOR STEC-The median assessed value in the Town of Queensbury is about a hundred and fifty five thousand that is the median assessed value for residential property. MR. HERLIHY-That is right at the current market. SUPERVISOR STEC-I don’t know if new houses are going for that. COUNCILMAN STROUGH-The market value is higher it is around two hundred and thirty. COUNCILMAN BOOR-Two thirty two forty. COUNCILMAN STROUGH-As a matter of fact some of the little one an a quarter and one an a half acres lots around Heinrick Circle there is one going for two forty. So the size of the lot… SUPERVISOR STEC-Are you moving next door. COUNCILMAN STROUGH-Not for those prices. The size of the lot and the price of the house there is not a strong relationship the market is what is driving it and the market is driving the home values of Queensbury because it is a desirable place to live out of the price range of the average Joe, I would guess. COUNCILMAN BOOR-Like the gentlemen before you said they look at schools somebody who is coming in from outside the area the look at the quality of the school system, they look at the shopping, Queensbury has a lot to offer and some people prefer because of maintenance issue smaller parcels. MR. HERLIHY-That’s true, but I am just looking at the overall picture. If the plan is to increase the size of building lots, you are increasing the cost and the cost of a home. COUNCILMAN BOOR-That’s been touched on and I don’t know if any board members would agree. I don’t think anybody is trying to make lots bigger or smaller that’s never been anything I don’t think any of us have ever talked about. When you hear the speakers you would get the impression that we are taking high density areas and turning them into large parcels I haven’t seen that and I haven’t heard that. MR. HERLIHY-You wouldn’t know that until the zoning actually gets approved, which hasn’t been done yet. Wouldn’t it be a good idea I was listening to Mike Wild speak earlier and wouldn’t it be at a point when that does become a point of issue to notify the people that would be affected by that through mail send them a letter. COUNCILMAN BOOR-Just playing devils advocate would you notify people if it was the other way. I mean if you are going to notify you should notify everybody what one person sees as a benefit another one sees as a determent some people don’t like large parcels. MR. HERLIHY-Maybe they should send a notice once the zoning is done to everyone. COUNCILMAN SANFORD-Really the plan has to be looked at in its entirety. That’s the problem I have when a person makes a generalization and expects it to be actually relevant to anything. The bottom line is if you look at the Town, there are areas that were earmarked and make sense to be high density. There are some of your older areas south of Quaker Road for instance and some of the areas close to Quaker Road they are higher Regular Town Board Meeting 03-05-2007 MTG#8 236 density. As you move further towards North Queensbury, it just makes sense to have more of a rural character associated with it the same way when you are closer to downtown Glens Falls it makes sense to have more of a metropolitan or urban flavor to it. When you go out more towards West Mountain you are dealing with the aesthetics, and you are dealing with the slopes, and dealing with that kind of a geography… MR. HERLIHY-I am not disagreeing with what you are saying. COUNCILMAN SANFORD-What I am trying to say is really I think what the idea of a Comprehensive Land Use Plan is to look at it in exactly that way in a comprehensive manner and do some real planning and think it through that is what has been done for two an a half years. Then at this particular point in time to come in with general statements that you know that there is a conspiracy to have very low density is a misnomer. In some areas, they are encouraging higher density and multi-family houses and things of this nature, which would work better for people in difference circumstances in their cycle. It is really not as simplistic as it has been presented here either pro or con development or builders. It really is a comprehensive process and I think that’s why it took two and a half years for it to evolve. It is a simple as that and if you have a copy of it or if you haven’t got a copy of it I suggest you contact the Town and read it. MR. HERLIHY-I looked at some of the information that has been put out since this process has started. It wasn’t that, but it was just listening to the fact that you really can’t make a total decision until the zoning actually comes into play, which isn’t really going to come into play until a later date. COUNCILMAN BOOR-Not real late it should be relatively soon. COUNCILMAN SANFORD-It is the template for the zoning the Comprehensive Land Use Plan picture it this way it is a blueprint upon which you build your zoning going back to the example I used. If you do a series, of circles and the further north you go for instance, the more rural the character becomes then that becomes basically the concept or the philosophy for how many acres is required for density and things of that nature. Generally speaking, you are going to have the more rural character out that way. If you get over Quaker Road and head into that point where it becomes Glens Falls it is going to look more like Glens Falls it is going to have higher density. The issues of sidewalks, sidewalks are to be encouraged in those citified areas, but in the rural area, we are not going to necessarily want to emphasize the need for sidewalks they are costly, high maintenance, and not necessarily desirable amenity. It really is something that is much more complicated than the arguments that have been presented by some of the speakers here, which has been lopsided it has to be incorporated in whole vision of what the plan is. MR. HERLIHY-I agree with you. I believe Mike had mentioned the fact to use some data that is available to maybe accomplish some of what you just said. I don’t know that it wouldn’t be a bad idea to try to have some input based on your final decision-making. I just wanted to bring those points up. COUNCILMAN BOOR-They are good points. SUPERVISOR STEC-Is there anyone else that would like to comment on this public hearing before I close it. PETER BROTHERS-Much of my concern really has to do with the area up by the lake I have mentioned it before. I just am very concern that there just doesn’t seem to be level playing field. I think something is wrong when people are thrown to the wolfs for putting in a four by four gazebo. Where another person say two huge houses going up on Cleverdale Road across from Mason Road these places are almost full-scale build outs as mentioned before where you have to wonder is there any room is the septic system or other facilities for the parcel there. I am really concerned about that because I do feel that it is certainly having an impact on the lake. I mentioned also with regard to development in the Town I certainly would like to see more commercial industrial development maybe professional offices perhaps bring in manufacturers there is light industrial whatever the Regular Town Board Meeting 03-05-2007 MTG#8 237 case may be I would like to see more emphasis of that. Certainly, I would hope that there would be some discussion about the lake because I do feel that there is a double standard really at this point I am very concerned. SUPERVISOR STEC-Thank you. Anyone else that would like to comment on this public hearing. EDWARD CARR, CARR LANE, QUEENSBURY-I said it before along with this plan I really think you should coordinate with the assessment department. If Ted back there is going to give to anywhere’s from thirty to sixty percent of his property as open space for people that live on the half acre lots down the road to enjoy as they drive by I don’t think Ted should pay the ticket the way it is right now he is paying it. COUNCILMAN BOOR-Actually Ed it raises an interesting point and it is a little bit of a misnomer, until something is, subdivided land is not assessed very high. It is only once it is subdivided into unit parcels do you start realizing an increase in taxes. So, until such time as Ted decides to do this I don’t want to speak out of hand here, but I would get a sense that he is probably not paying exorbitant taxes on the vacant land if it is one deed or two deeds, I think it is probably two if I understood him correctly. Undevelopable land does not usually carry a very high taxation. MR. CARR-Probably after seeing the process Ted is going to realize that if you are going to salvage any rights you are probably going to have to do ahead and subdivide. If you leave it as a large parcel, it will stay a large parcel and you will lose your rights yeah, you do. COUNCILMAN BOOR-Okay. MR. CARR-I have gone from half acre lot by Queensbury zoning up to ten plus acres now, so it changes. Thank you. SUPERVISOR STEC-Thanks, Mr. Carr. ANGELA CUGINI-Local Real Estate Agent with Realty USA. I represent numerous builders in the area and developers. I have also developed some property in the area not directly in Queensbury. I wanted to come up here and talk a little bit about the average price per house that you touched on. The average price per house in Queensbury if I had to guess and I have sold enough property in Queensbury over the last five years to say that the average house in Queensbury probably cost about two hundred and forty thousand dollars no where around a hundred and fifty five thousand. SUPERVISOR STEC-I said that was the average assessment. MS. CUGINI-Okay, I mean, I am just pointing that out as well as also what you had mentioned about property being more valuable if it was on a ten-acre parcel. Unfortunately, in this area we do not have people that can afford to buy a house on a ten- acre parcel. If somebody had a parcel that they could only subdivide into three ten acre parcels verses ten or fifteen two three-acre parcels there isn’t a market for that here. We do not have thirty million dollar buyers. We don’t have two million dollar buyers in Queensbury. Lake George has one point five million dollar, two million dollar buyers for lakefront property. When you start trying to add that cost on top of construction cost and so forth you are making it unaffordable for either your first time homebuyers to step up to another level or for people to be able to come into the Town of Queensbury and buy. It doesn’t matter how good the schools are. It doesn’t matter how great the Town is. If the people can’t afford to buy the homes. I do know a lot of people that would be affected by this. I do understand that you are saying certain areas are going to become higher density. From what I can tell from the map there are certain areas that are become higher density there is no property left to develop up in those areas so it is really neither here or there. The bigger parcels of property that are left to develop are the ones that are going to be affected the most. You are trying to push people to come in here and talk from the public. For a perfect example Mr. Rawson came up here and talked because he is unfamiliar with how this plan actually will affect him and you guys kind of curved balled Regular Town Board Meeting 03-05-2007 MTG#8 238 him and said, well you are way ahead of the game zoning isn’t done. Density and zoning is determined off of this map is that correct after the final map? COUNCILMAN BOOR-I don’t even know what map you’ve got there. COUNCILMAN BREWER-That’s not a final map. MS. CUGINI-Off the Comprehensive Land Use Plan am I right saying that you are zoning will kind of…. COUNCILMAN BOOR-This is the final meeting for that. The Town Board we have had some input where we sent emails or comments to Stu or Blanche with things that we knew inheritably we wanted to have in there. There is still going to be input after this gets closed, we haven’t put the input in yet we haven’t touched really any of this stuff. It has all been PORC it has been at Saratoga Associates it has been the public. The Town Board has really kind of had… COUNCILMAN SANFORD-You are correct in your statement that the zoning will follow the Comprehensive Land Use Plan it is setting the stage for the zoning. Again, this is philosophical stuff okay what you just talked about is philosophical. There are a lot of different trade offs. Do we want to see the population of Queensbury increase by another fifteen thousand people and provide a whole lot of affordable housing and have greater traffic concerns. So, that to some degree so that the builders can make more money maybe not maybe we don’t want maybe that’s a political judgment that the people are making that might not make the builders or the realtors particular happy. These are the types of decisions that we are faced with not everybody is going to be happy at the end of the day that’s what politics is about and that’s what this process is about. MS. CUGINI-But I also think that it is very important that the people that do own those larger parcels be notified. There has to be a way that you can say exactly how these certain people are going to affected and you do know. The density is basically determined you can notify these people so they actually have the knowledge and let them know exactly what these different things actually mean directly for them. COUNCILMAN BOOR-This is where it really gets it is very important and this is a little bit difficult that’s impossible for us to do. We would have to actually go out and delineate wetlands. We would have to have a surveyor go out and determine slopes on every one of these large parcels before we could say here is what you can do with this property. Quite, frankly with Ted’s property out there I have no idea what he could legally build under the current zoning even if he has forty two acres zoned one acre there might be ninety five percent of it that is twenty five percent slope. The notion by simply delineated somebody’s total acreage this board or anybody sitting up here could tell somebody what they could do what kind of density they could put on there is impossible. There is a lot of money that goes into surveying and figuring out these types of things so it really can’t be done. MS. CUGINI-But people that may be affected maybe notify them so they just know what’s going on. I think there are a lot of people out there that just don’t know. COUNCILMAN BOOR-Well we can certainly run a large ad like a really large ad saying, you should be aware your property is potentially going to be rezoned. Then they can come in, speak with somebody at staff, and do it that way. MS. CUGINI-I think that may be a great idea. COUNCILMAN SANFORD-Stuart has been advertising in the paper very large ads telling people to come to all kinds of meetings for the last two and a half years do you happen to know how much you spent on advertising on those. SENIOR PLANNER, MR. BAKER-Not off hand. MS. CUGINI-Not as much as I have. Regular Town Board Meeting 03-05-2007 MTG#8 239 COUNCILMAN SANFORD-It hasn’t been inconsiderate. SUPERVISOR STEC-Is there anyone else that would like to comment on this public hearing? I need people to raise their hands here look lively. MR. HERLIHY-With all the comments made about spending so much money on the newspaper I think it would have been cheaper to buy a stamp for each individual in Queensbury to send information out at that point just to notify them. SUPERVISOR STEC-Bill we used to have a quarterly newsletter and we don’t anymore. That was exactly the kind of stuff that was in the quarterly newsletter. COUNCILMAN BREWER-Yeah you are right. MR. HERLIHY-Being the fact that this is such a big issue I just think that would be it would be forty cents or whatever the cost of mail is at this point well spent. COUNCILMAN BREWER-If you had to come up with a minimum I am just throwing the question out there I wouldn’t be objective to this what size is the minimum parcel of land you would want us to identify these people and mail them out. Somebody with twenty-five acres and above? MR. HERLIHY-I would say it wouldn’t be that expensive to notify everybody in Queensbury not to leave anybody out just to notify them of the fact of what the intent is to do with certain size parcels of property regardless of whether they have a one acre or ten acre or whatever is. That way at least they can’t say that they weren’t notified and I think that would be very simple to do. SUPERVISOR STEC-Fair enough. Thank you Mr. Herlihy. MR. WILD-Thank you gentlemen I will be very brief. Mr. Boor basically I came up because of your comment. The computer system that is in the Town of Queensbury already has delineated steep slopes and wetlands so it is basically just calculations. MR. BOOR-Do you just have to superimpose the property lines over it. MR. WILD-All they have to do is basically a computer programmer has to go in and create some routines to query this database and so addition and subtraction it could be done on each individual parcel within the Town. The basic mechanics of writing that program could be done once. The computer could go through every single parcel in Town without any additional labor. The computer would run longer but no additional labor would be required to identify that. To go through someone who has two acres and above or thirty acres and above you could easily do it for every parcel. COUNCILMAN BOOR-I think it can be done I don’t know how easily it would be. MR. WILD-It is a programming routine. Actually, I could get into the mechanics I spoke with Mr. Hilton I spoke with the staff. It would not be an insurmountable task it has an issue with resources utilization and what they should be working on. COUNCILMAN BOOR-I think North Queensbury would have like to have known that. MR. WILD-But it can be done I just wanted to set the record straight that the data is there and it is not something that makes it impossible to do. You can make some assumptions some realistic assumptions and easily define this for the public. Thank you. SUPERVISOR STEC-If there anyone else that would like to comment on this public hearing. MR. RAWSON-I’ll make it short and sweet. Regular Town Board Meeting 03-05-2007 MTG#8 240 COUNCILMAN BOOR-You don’t have too. MR. RAWSON-I did say that last time. I want to apologize I don’t mean to keep you people up here I didn’t mean to keep you here for two years. Yes, it is my fault I guess you could say because I didn’t make myself aware of it. It seems to be the general consensus if we could be more; you can say you put it on TV 8 if I don’t watch TV 8 every night you know then I didn’t. If I don’t read it in the paper if I don’t buy the paper then know you are saying well then you should read the paper you should be more informed. COUNCILMAN BOOR-It is a great point. MR. RAWSON-My point is that I have the property and that’s why I am here now because I found out about it. It is my own ignorance that I didn’t know about this two years or I didn’t worry about it. To say that a person is a hundred pounds overweight and their doctor tells them for the last five years you have to lose weight and when the guy has a heart attack and the doc says I am not going to treat you I told you, you know what I mean you can’t say that. That’s why when people like me are sitting here voicing our opinion you can’t say well you had two years what were you doing. COUNCILMAN BOOR-No you are here god bless you for being here you are doing it. MR. RAWSON-Right. COUNCILMAN BOOR-I am concerned with the people that will actually watch this and then three years from now when they want to do their thing they will come in and be saying the exact same thing that you are saying. MR. RAWSON-You are right. COUNCILMAN BOOR-I have got to wonder it is a lame excuse I’ll admit it up front, but I have to tell you I’m not sure how we could put something in the mail that wouldn’t be considered junk by fifty percent of the public. MR. RAWSON-But, at least you could say I tried. COUNCILMAN BOOR-Sure we can do it we can do that. MR. RAWSON-I don’t know I don’t know what the answer is. with your California property. COUNCILMAN BOOR-It wasn’t my property I wish it was. MR. RAWSON-That parcel that I am in the process right now eight point six two acres I have I am in the process right now of subdividing it. I had it for a year on the market there is a house sitting on eight point six two and nobody bought it, it is still for sale. COUNCILMAN BOOR-Foolish them. MR. RAWSON-Number 2, I have to subdivide now. I want to build a house that is my ultimate goal for my family so step one didn’t work now I have to move on to step two. I would have sold it and let that one house sit there on that property I didn’t have a problem in the world. I don’t have the problem, but I got to do what I can do for my family. Thank you very much. SUPERVISOR STEC-Any other comment. I will close this public hearing. Like, I said we won’t take any action on it tonight. Now that we have completed this public hearing Stu and the board will work towards compiling comments or changes that we would like to make based on the public comment that we received both from these public hearings verbally and any written comment that Stu has taken over the last several months. We will move expediously towards completing this process having another public hearing Regular Town Board Meeting 03-05-2007 MTG#8 241 stepping through all the legal hoops that we need to in order to ultimately adopt one so that we don’t hit the three year anniversary. COUNCILMAN BREWER-Dan. SUPERVISOR STEC-What. COUNCILMAN BREWER-I am just going to throw this out this probably I am going to get the look, but that’s okay I have gotten it before. How hard would it be for us to put a message on our water bills we send them out to everybody? COUNCILMAN BOOR-No we don’t that’s the problem. SUPERVISOR STEC-Not everyone gets a water bill. COUNCILMAN BOOR-I agree with you, but you know I don’t get a water bill. COUNCILMAN BREWER-You don’t need to know Roger. COUNCILMAN BOOR-That’s true. SUPERVISOR STEC-The suggestion is we can do a better job in outreach we can look into that. COUNCILMAN BREWER-We will look at some ways to notify as many people as we possibly can. COUNCILMAN SANFORD-www.queensbury.net. COUNCILMAN BREWER-Yeah, but not everybody looks at the computer everyday Richard. PUBLIC HEARING CLOSED 2.0 CORRESPONDENCE DEPUTY CLERK, O’BRIEN-Supervisor Report for Community Development – Building and Codes for the month of February on file in Town Clerk’s Office. 3.0 INTRODUCTIONS OF RESOLUTIONS FROM THE FLOOR NONE 4.0 PRIVILEGE OF THE FLOOR JOHN SALVADOR-Spoke to the board regarding Crandall Library noting Crandall Library is a Town matter noting he receives a tax bill in January and the Crandall Library District was one of the special district on which he pays taxes. SUPERVISOR STEC-It is not a district that this Town Board controls. Mr. SALVADOR-It shouldn’t be on the tax bill. Spoke to the board rebutting Mr. Richard Merrill’s comments of February 25. PLINEY TUCKER-Spoke to the board regarding Resolution Authorizing Advertisement of Bids for Water Pipes and Fixtures to be used on the Town of Queensbury’s Connector Road Water Project, questioned if the road was going to be let out to bid COUNCILMAN BREWER-Yes. MR. TUCKER-Including the water and everything else. Regular Town Board Meeting 03-05-2007 MTG#8 242 WATER SUPERINTENDENT, BRUCE OSTRANDER-Water Department is going to put the pipe in. SUPERVISOR STEC-The asphalt road itself will go out to bid. Mr. TUCKER-Questioned if they have any prices on someone doing the total job? SUPERVISOR STEC-It has not gone out to bid yet. MR. TUCKER-You may save money by letting someone do the whole thing. Spoke to the board regarding the fire contracts six hundred and thirty thousand dollars for Queensbury Central asked why this much? SUPERVISOR STEC-Last year they were at five fifty five the difference is the new aerial ladder truck that they bought the mortgage payment on that, which is about ninety grand a year. MR. TUCKER-That’s included in that. SUPERVISOR STEC-Yes. MR. TUCKER-West Glens Falls, four hundred and fifty thousand questioned what it was last year. SUPERVISOR STEC-Four thirty, plus they came back for a couple of minor things that we basically did in kind service than a cash of an additional thirteen thousand. COUNCILMAN BOOR-Noted it was 2006. SUPERVISOR STEC-You are looking at four forty three to four fifty. COUNCILMAN BOOR-They went up seven thousand dollars. MR. TUCKER-Questioned how much the total went up for all the fire companies from last year? SUPERVISOR STEC-I don’t have that number in my head. We budgeted three and a half percent. The requested verses our budget the requested was higher, but I don’t think it went much higher than our budget probably on the total for fire maybe four, five percent. MR. TUCKER-Asked if the board would be in favor of putting a package together for the Town of Queensbury for Queensbury having their own library? SUPERVISOR STEC-Correct me if I am wrong I don’t think there is any interest on the Town Board to build our own library. COUNCILMAN BOOR-I am speaking for myself no. MR. TUCKER-Just remember I asked. Asked if Supervisor Stec has, committed noting Nick has committed. SUPERVISOR STEC-This isn’t the time to talk politics this is Town business. The answer to your question is no I haven’t announced or anything. GEORGE DRELLOS, 27 FOX HOLLOW LANE- Spoke to the board regarding Resolution Authorizing Engagement of Industrial & Utility Valuation Consultants, Inc. to Assist Special Counsel in the Defense of Article 78 and Article 7 Assessment Cases Commenced by Alexy asked what property they are referring to. SUPERVISOR STEC-There are two cases our current counsel has identified they had a conflict we hired special counsel a couple weeks ago to handle these two cases. I think Regular Town Board Meeting 03-05-2007 MTG#8 243 they are both involving Lake George and Glen Lake properties. One of them is a group of people and one is just a single entity. MR. DRELLOS-Questioned what an Article 7 is? COUNCILMAN BOOR-That’s where you challenge your assessment. MR. DRELLOS-Questioned what is Article 78? SUPERVISOR STEC-A zoning or planning decision. MR. DRELLOS-Asked what it is going to cost? SUPERVISOR STEC-The special counsel and our Assessor in conjunction with the Lake George School District they said it would be two hundred and fifty dollars an hour ten hours so twenty five hundred is what the resolution says. MR. DRELLOS-Questioned if the school is going to pay a percentage? SUPERVISOR STEC-The school shares a certain percentage of it. 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN SANFORD-Spoke to the board regarding Mr. Drellos’s concern regarding Resolution No. 6.8 noting he was concerned with this, too wanting to make sure the costs were justified. Spoke with Ted Bigelow in the Assessors Office originally there were sixty-eight parcels put together under the Alexy suite since then some have dropped out because they sold their property. It is still a very material assessment issue that can easily justify the commitment of that level of dollars. Spoke to the board regarding Fire Districts noting he would like to have the public hearing and then see where to go from there. Thinks the board is willing to let them have their hearing then decide whether there is interest to move forward at all. We can do it almost concurrent we could have the public hearing then depending upon the public hearing if necessary we could go into SEQRA. If there is no interest maybe, we don’t have to go down that road. Would like to afford these people a prompt opportunity to air their concerns. COUNCILMAN STROUGH-Spoke to the board regarding Fire Districts noting he has written an eight-page report that deals with this gave brief outline of report. ? Changing dynamics of Town in the past fifty years. ? Fire company boundaries that were established over fifty years are those boundaries still valid. ? North Queensbury’s attempt to go at a Fire District listed criticisms in report. ? Benefits of looking at one Town-wide Fire District ? Explains the difference of what is a Fire District and a Fire Protection District report analysis the advantages of each ? Concludes report by recommending investigating all possible fire service arrangements SUPERVISOR STEC-Spoke to the board regarding the announcement that was put out regarding a grant award. Warren County faired exceptionally well amongst all the soil and water districts throughout the state not only did the County fair well, but in particular the Town of Queensbury did very well in that funding round. That is really a tribute and testimony to the Warren County Soil and Water District in particular Dave Wick. One was for pursuing up to three septic management district the Rockhurst, Assembly Point, Cleverdale area. The septic management we have been looking at is in the Rockhurst area. The other two are storm water related the most expensive one and the largest grant we received was for putting storm water infrastructure in on Route 9 where Halfway Brook crosses Route 9 on the Enterprise Rental Car property across from Price Chopper. The third grant that we received is for storm water work along Glen Lake for those three in total they were almost a half a million dollars. Thanked Glens Falls National Bank and TV 8. reminded people of the Towns website www.queenbury,net. Regular Town Board Meeting 03-05-2007 MTG#8 244 6.0 RESOLUTIONS RESOLUTION AUTHORIZING TRANSFER OF FUNDS FOR EMERGENCY FILTRATION/CHLORINATION SYSTEM REPAIRS AT GURNEY LANE POOL RESOLUTION NO.: 117, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board established a Capital Reserve Fund known as the Recreation Assessment Reserve Fund #61 (Fund No. 61) for future recreational needs, and WHEREAS, by Resolution No.: 124,2006, the Town Board authorized establishment of Capital Project Fund #157 to fund expenses associated with development of a Park Master Plan, reparation and upgrade of pool, construction of shade structures and an additional pavilion, and WHEREAS, the Director of Parks and Recreation has advised the Town Board that emergency repairs are needed at the Gurney Lane Pool and has requested Town Board authorization to transfer funds for filtration/chlorination system repairs for an amount not to exceed $75,000, and WHEREAS, the Town Recreation Commission has been apprised of the necessary repair work, agrees with the repair work necessary in order to operate, and has directed the Director of Parks and Recreation to take steps to gain Town Board approval, and WHEREAS, Clardon Pools has begun the emergency repairs as outlined below: ? New plumbing and valves for filtration system; ? New 5 hp trash pump (backwash pump); ? New 15 hp, three phase electric circulation pump; ? 3 New main valves – (1) eight inch gate pump and (2) ten inch gates with related plumbing; ? New chlorination system with two 100 gallon self-contained, poly storage tanks; ? 2 new chlorine pumps (one per tank) with controller unit; and Regular Town Board Meeting 03-05-2007 MTG#8 245 WHEREAS, the repair costs include all necessary materials (including welding supplies for stainless steel application), labor to install, restart and check of both systems for proper operation and staff training, with all workmanship guaranteed by Clardon Pools for a period of one (1) year, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the filtration/chlorination system repairs at the Gurney Lane Pool are emergency repairs needed to best serve the Town’s residents and such repairs should be completed as soon as possible in order to operate during the 2007 summer season, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Clardon Pools to complete the emergency filtration/chlorination system repairs at the Gurney Lane Pool for an amount not to exceed $75,000, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves and authorizes the transfer of funds in an amount not to exceed $75,000 for the actual filtration/chlorination system repair costs at the Gurney Lane Pool, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $75,000 to fund such Project, such funds to be placed into the Capital Project Fund No.: 157 established in accordance with Resolution No.: 124,2006 and the Town Board further directs that in the event there are funds remaining in such capital project fund after completion of the Project or in the event that the Project is not undertaken, the moneys in the capital project fund shall be returned to the capital improvement fund, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes appropriations in Expense Account No.: 157-7110-2899 in the amount of $75,000 – Capital Construction, and BE IT FURTHER, Regular Town Board Meeting 03-05-2007 MTG#8 246 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Fiscal Manager to take such other and further action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 5 day of March, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF BARTON & LOGUIDICE, P.C., FOR ENGINEERING SERVICES RELATED TO EMERGENCY REPAIR OF SANITARY SEWER FORCE MAIN ALONG BAY ROAD RESOLUTION NO.: 118, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Wastewater Director has advised the Queensbury Town Board that the current 12” ductile iron force main along Bay Road between Lexington Avenue and Duke Drive is severely deteriorated and leaking and the Town has twice repaired the main in recent weeks, and WHEREAS, it is therefore necessary for the Town to replace such main under an emergency contract, and WHEREAS, Barton & Loguidice, P.C. (Barton) has offered to provide engineering services related to the design and construction administration of such sanitary sewer force main replacement including the development of specifications, and WHEREAS, Barton has offered to provide such services for an amount not to th exceed $35,800 as more fully set forth in Barton’s February 20, 2007 letter to the Town’s Wastewater Director and presented at this meeting, and Regular Town Board Meeting 03-05-2007 MTG#8 247 WHEREAS, the Central Queensbury Quaker Road Sewer District will therefore incur costs greater than originally budgeted for, and WHEREAS, the Central Queensbury Quaker Road Sewer District has sufficient surplus fund balances and has met New York State Comptroller's requirements for the appropriation of fund balance during the fiscal year, and WHEREAS, the Town Board wishes to therefore increase appropriations and appropriated fund balance in the Central Queensbury Quaker Road Sewer District Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the repair of the 12” ductile iron force main along Bay Road between Lexington Avenue and Duke Drive is an emergency repair needed to best serve the Town’s residents and such repairs should be made as soon as possible, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves and authorizes the engagement of Barton & Loguidice, P.C. (Barton) for the provision of engineering services related to the design and construction administration of such sanitary sewer force main replacement including the development of specifications for an amount not to exceed th $35,800 as more fully set forth in Barton’s February 20, 2007 letter to the Town’s Wastewater Director, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves, authorizes and directs that the 2007 Budget be amended by increasing appropriations and increase Appropriated Fund Balance in the Central Queensbury Quaker Road Sewer District Fund - Account No.: 32-8120-2899 in the amount of $35,800 to provide for payment to Barton, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town's Fiscal Manager to make any necessary adjustments, transfers, or prepare any necessary documentation to provide for such payment, and BE IT FURTHER, Regular Town Board Meeting 03-05-2007 MTG#8 248 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of March, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS IN MEADOWBROOK ROAD AREA WITHIN THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 119, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No. 493, 2005 the Queensbury Town Board authorized engagement of C.T. Male Associates, P.C. for engineering and survey services concerning the replacement of water mains along Meadowbrook Road, Sargent Street, Wilson Street and Cline Avenue in the Town of Queensbury (Project), and WHEREAS, by Resolution No.: 175,2006, the Town Board authorized engineering services outside the original scope of C.T. Male’s Services due to Project changes, and WHEREAS, by Resolution No.: 308,2006, the Town Board authorized such Project, and WHEREAS, C.T. Male prepared bid documents and specifications to advertise for bids for the improvements authorized by Resolution No.’s: 493,2005 and 175,2006, and WHEREAS, by Resolution No.: 404,2006, the Town Board authorized such advertisement for bids and bids were opened, and WHEREAS, by Resolution No.: 498,2006, the Town Board rejected the received bids as they were higher than expected, and WHEREAS, the Town’s Water Superintendent and C.T. Male have recommended that the Town Board authorize the readvertisement for bids, and Regular Town Board Meeting 03-05-2007 MTG#8 249 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 and/or C.T. Male Associates, P.C., to again post and publish an advertisement for bids to be prepared by C.T. Male Associates, P.C., for the Meadowbrook Road Area Water Main Replacement Project and receive all bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Purchasing Agent to open all received 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. th Duly adopted this 5 day of March, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR WATER PIPES AND FIXTURES TO BE USED ON THE TOWN’ OF QUEENSBURY’S CONNECTOR ROAD WATER PROJECT RESOLUTION NO.: 120, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury Water Superintendent wishes to advertise for bids for the purchase of water pipes and fixtures to be used on the Town of Queensbury’s Connector Road Water Project as set forth on bid specifications presented at this meeting, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents to be prepared by the Town’s Purchasing Agent and/or Water Superintendent, Regular Town Board Meeting 03-05-2007 MTG#8 250 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids in the official newspaper for the Town of Queensbury concerning the purchase of water pipes and fixtures to be used on the Town of Queensbury’s Connector Road Water Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this 5 day of March, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING COST OF CLEAN-UP OF PROPERTY TO BE ASSESSED AGAINST PROPERTY OF DEBRA SAWN RESOLUTION NO.: 121, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury appeared in Town Court in the matter of the Town of Queensbury against Debra Sawn, whereby Ms. Sawn admitted to three counts of violating Queensbury Town Code §102-3 by unlawfully depositing junk motor vehicle parts, debris and garbage on the premises known as 24 Rhode Island Avenue in the Town of Queensbury (tax map no.: 309.13-1-33), and WHEREAS, the Town provided Ms. Sawn with waste disposal assistance at such property at a cost to the Town, and the Town Court ordered Ms. Sawn to pay the Town restitution for such clean-up assistance in the amount of $2,900, and WHEREAS, Ms. Sawn agreed that such amount could be levied against the property as taxes, and Regular Town Board Meeting 03-05-2007 MTG#8 251 WHEREAS, a copy of the Judgment whereby the sum of $2,900 may be assessed against the property and collected as real property taxes is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the $2,900 in expenses to clean-up the Debra Sawn property located at 24 Rhode Island Avenue in the Town of Queensbury (tax map no.: 309.13-1-33) referenced in the preambles of this Resolution shall be attached to the taxes due upon this property as an omitted tax in order to fairly reimburse the Town of Queensbury since its residents’ taxes have paid for this clean-up, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Tax Receiver and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of March, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:None RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO ST CONDUCT 21 ANNUAL SHAMROCK SHUFFLE ROAD RACE RESOLUTION NO. 122, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Adirondack Runners Club has requested authorization from the st Queensbury Town Board to conduct its 21 Annual Shamrock Shuffle Road Race as follows: SPONSOR : The Adirondack Runners Club st EVENT : 21 Annual Shamrock Shuffle Road Race th, DATE : Sunday, March 18 2007 Regular Town Board Meeting 03-05-2007 MTG#8 252 PLACE : Beginning and ending at Glens Falls High School and going through the Town of Queensbury (Letter and map showing course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of st proof of insurance from the Adirondack Runners Club to conduct the 21 Annual Shamrock Shuffle Road Race partially within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. th Duly adopted this 5 day of March, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION APPOINTING FIRE MARSHAL AS TOWN OF QUEENSBURY’S FIREWORKS PERMIT AUTHORITY RESOLUTION NO. 123, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, from time to time, the Town of Queensbury receives requests from certain entities to conduct fireworks displays within the Town, and WHEREAS, in accordance with New York State Penal Law §405, the Town Board may designate a Town officer as the Town’s “Permit Authority” to authorize and issue fireworks permits on the Town’s behalf, to such entities for the conduct of such fireworks displays, and WHEREAS, the Town Board wishes to designate its Fire Marshal, Michael Regular Town Board Meeting 03-05-2007 MTG#8 253 , Palmer, as the Town’s Permit Authority NOW, THEREFORE, BE IT RESOLVED, that in accordance with New York State Penal Law §405, the Queensbury Town Board hereby authorizes and directs the designation of Michael Palmer, Fire Marshal, as the Town’s Permit Authority and person responsible for the issuance of fireworks permits within the Town so long as all requirements of such New York State Penal Law §405 are complied with, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Clerk and/or Fire Marshal to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of March, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF INDUSTRIAL & UTILITY VALUATION CONSULTANTS, INC. TO ASSIST SPECIAL COUNSEL IN THE DEFENSE OF ARTICLE 78 AND ARTICLE 7 ASSESSMENT CASES COMMENCED BY ALEXY, ET AL. RESOLUTION NO.:124, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec , WHEREAS Alexy, et al., has commenced litigation against the Town of Queensbury regarding real property tax assessments for the years 2005-2006, and WHEREAS, Industrial & Utility Valuation Consultants, Inc. is uniquely qualified to provide consulting services regarding tax assessment matters, and , WHEREAS the Town Assessor and the Town’s Special Counsel recommend that the Town Board engage the services of Industrial & Utility Valuation Consultants, Inc. on an ongoing basis to assist the Town with the defense of these cases and with trial preparations, and Regular Town Board Meeting 03-05-2007 MTG#8 254 WHEREAS, IUVC’s fee for time spent on settlement negotiations and trial preparation is $250 per hour and such services will take approximately 10 hours, NOW, THEREFORE, BE IT , RESOLVED that the Queensbury Town Board hereby authorizes engagement of the services of Industrial & Utility Valuation Consultants, Inc. to assist the Town in the defense of and trial preparation for the Article 78 and Article 7 tax assessment cases brought by Alexy, et al., with IUVC’s fees for such services to be $250 per hour for approximately 10 hours with a total fee not to exceed $2,500 without further Town Board approval, such services to be paid for from Account No.: 001-1355-4740, and BE IT FURTHER, RESOLVED, that the Town Board directs the Town’s special Counsel to discuss potential cost sharing of the fees of Industrial & Utility Valuation Consultants, Inc. with the Counsel to the Lake George Central School District and the Queensbury Central School District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Fiscal Manager and/or the Town’s special Counsel to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of March, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT :None RESOLUTION TO AMEND 2006 BUDGET RESOLUTION NO.: 125, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Fiscal Manager and/or Accountant, Regular Town Board Meeting 03-05-2007 MTG#8 255 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to transfer funds and amend the 2006 Town Budget as follows: FROM: TO: $ AMOUNT: 036-9710-7010 036-8130-4425 8,343.77 (Serial Bond Interest) (Sewage Treatment Glens Falls) th Duly adopted this 5 day of March, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT, LAND USE PLANNER AND ZONING BOARD OF APPEALS CHAIRMAN TO ATTEND 2007 AMERICAN PLANNING ASSOCIATION CONFERENCE RESOLUTION NO.:126, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury’s Executive Director of Community Development has requested authorization for her, the Zoning Board of Appeals Chairman and the Land Use Planner to attend the 2007 American Planning Association (APA) National Planning Conference, and WHEREAS, the Queensbury Town Board has authorized allocation of funds for conference expenses within the Planning Department’s 2007 budget, and WHEREAS, in accordance with Town Policy the Queensbury Town Board must authorize out-of-state travel by Town employees, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Executive Director of Community Development, the Zoning Board of Appeals Chairman and the Regular Town Board Meeting 03-05-2007 MTG#8 256 Land Use Planner to attend the 2007 American Planning Association Conference to be held in Philadelphia, Pennsylvania in April, 2007, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred by the Executive Director of Community Development, Zoning Board of Appeals Chairman and Land Use Planner at the conference are proper Town charges and that all expenses shall be paid for from the appropriate Town Account. th Duly adopted this 5 day of March, 2007 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF CUSACK & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT STATEMENTS OF CASH RECEIPTS AND DISBURSEMENTS FOR FISCAL YEAR ENDING DECEMBER 31, 2006 RESOLUTION NO.: 127, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 619,2006, the Queensbury Town Board authorized engagement of the services of Cusack & Company, CPA’s (Cusack) to audit the Town of Queensbury’s financial statements for the fiscal year ending December 31, 2006, and WHEREAS, the Town has been pleased with the services of Cusack, and WHEREAS, Cusack has offered to audit the Town’s statements of cash receipts and disbursements for the fiscal year ending December 31, 2006 for the Town of Queensbury Town Clerk, Receiver of Taxes, Town Courts, Transfer Station, Water and Wastewater Departments and Parks and Recreation Department at a cost ranging from $2,500 to $3,000 for each department audit as more specifically set forth in Cusack’s letter-form proposal th dated February 19, 2007 and presented at this meeting, NOW, THEREFORE, BE IT Regular Town Board Meeting 03-05-2007 MTG#8 257 RESOLVED, that the Queensbury Town Board hereby authorizes engagement Cusack & Company, CPA’s to provide cash receipts and disbursement auditing services to the Town of Queensbury for the year ending December 31, 2006 as described in the preambles of this Resolution at a cost ranging from $2,500 - $3,000 for each department th audit as more specifically set forth in its letter-form proposal dated February 19, 2007 to be paid for from the appropriate account(s) as will be determined by the Town Fiscal Manager, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to sign any documentation and take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of March, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF MARCH 5, 2007 RESOLUTION NO.: 128, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills st presented as the Warrant with a run date of March 1, 2007 and a payment date of March th 6, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a stth run date of March 1, 2007 and payment date of March 6, 2007 totaling $502,729.37, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Fiscal Manager and/or Accountant to take such other and further action as may be necessary to effectuate the terms of this Resolution. Regular Town Board Meeting 03-05-2007 MTG#8 258 th Duly adopted this 5 day of March, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT:None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 129, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 5 day of March, 2007 by the following vote: Ayes: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough Noes: None Absent:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury