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1996-07-22-S SPECIAL TOWN BOARD MEETING JULY 22, 1996 4:33 P.M. MTG #30 RES3l2-3l7 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN (entered mtg 4:38) COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER JEFFREY FRIEDLAND TOWN OFFICIALS Highway Superintendent, Paul H. Naylor Comptroller, Bill Burns Executive Director of Community Development, Jim Martin Code Compliance Officer, John Goralski Press: G.F. Post Star Supervisor Champagne called meeting to order ... RESOLUTIONS RESOLUTION ACCEPTING DEDICATION OF ROADS IN PHASE II OF THE HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO. 312, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Hudson Pointe, Inc., has offered a deed to dedicate to the Town of Queensbury portions of certain roads named Hudson Pointe Boulevard and Kettles Way and a certain road named Danford Court in accordance with development plans which are more particularly described in the survey map and deed presented at this meeting, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has indicated that he finds that the roads meet appropriate Town of Queensbury specifications, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has indicated that he has made an inspection of water mains and appurtenances along said roads proposed for dedication and finds that the installation is in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed and title to the roads offered for dedication have been reviewed and approved by Counsel for the Town on behalf of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has considered the proposed dedication, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed for dedication of the said roads be and the same is hereby accepted and approved, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office, after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the roads be hereby added to the official inventory of Town Highways, to be described as follows: Road Number: 502 Description: Beg. at the easterly previous dead end of Hudson Pointe Boulevard Name: Hudson Pointe Boulevard Feet: 3929.68 Road Number: 504 Description: Beg. at the southerly previous dead end of Kettles Way and ending at a Cul-De- Sac. Name: Kettles Way Feet: 1091.19 Road Number: 510 Description: Beginning at Hudson Pointe Boulevard, going northerly and easterly and ending at a Cul-De-Sac. Name: Danford Court Feet: 877.74 Duly adopted this 22nd day of July, 1996, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. , 1996 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 160 THEREOF, ENTITLED, "PEDDLERS/SOLICITORS, TRANSIENT MERCHANTSI TRANSIENT MERCHANT MARKETS" (Councilman Monahan entered meeting) Town Board held discussion, agreed to hold resolution for further revisions to the proposed amendment. RESOLUTION AMENDING RES. 289, 96 REGARDING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 28 RESOLUTION NO. 313, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury by resolution no. 289, 96, set a public hearing to consider an amendment to Ordinance No. 28 to provide a stop intersection "at the intersection of Lockhart Mountain Road and Bay Road," and WHEREAS, the location should have read "at the intersection of Lockhart Mountain Road and the entrance to the Top of the World Resort," and WHEREAS, a copy of the revised Ordinance Number 28 (Amendment) has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No.: 289,96 to read as set forth above, and further authorizes and directs the Town Clerk to publish and send out the appropriate, revised notices of this change. Duly adopted this 22nd day of July, 1996, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None 5:00 P.M. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 314,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a matter of ongoing litigation regarding Queensbury Forest. Duly adopted this 22nd day of July, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 315, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board. Duly adopted this 22nd day of July, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None Councilman Monahan reported to the board an incident regarding the repaving of Rainbow Trail this morning... but residents are now happy and congratulated Mr. Naylor for doing a fine job handling the situation. COMMITTEE REPORTS Councilman Goedert reported that the highway committee is still working on the light for Aviation Road... the second part of the project regarding the sidewalks the town needs to move ahead with that. Executive Director, Mr. Martin-Noted that the sidewalk design was received on Friday. Noted further that the school has approved the sidewalks on the north side but if you want to do sidewalks on the south side, you'll need cooperation from the two churches to accommodate a sidewalk there... Town Board held discussion, agreed to move forward and make the preparations to go out to bid. DISCUSSION ITEMS DOT update - Route 149 Mr. Vince Budinus and Mr. Jim Bridges from DOT Region One, gave a brief progress report regarding the Capital Project that is currently under consideration for Route 9 from Sweet Road to Route 149, specifically the turn lane in front of the Municipal Center, noting the target date is for next summer. Intermunicipal Agreement - Referred Site Plans - Warren County Executive Director, Mr. Martin referred to proposed draft intermunicipal agreement with the County Planning Board which would expedite the review process for those projects at a magnitude that would not warrant a regional review... Reviewed highlights of proposal with the board. Noted, this has been generally accepted, at least with the staff and I think the Warren County Planning Board has looked at it and is in agreement. The only remaining issue would be docks and so on and I think from my point of view, this is going to be dictated by the potential amendment to the Waterfront Residential Zoning... naturally, if it's not a site plan issue with us, then it won't be referred to the county. Under the last proposal, the revised one that was mailed to you, the flat docks would be taken out of site plan review. They still would have to comply with our zoning codes in terms of dimensions and so on, but not subject to a discretionary review by the Planning Board. Boat houses and things like that would be left in, if it's a site plan review issue with us that would continue to go up to the county. Town Board held discussion, agreed to move forward... Mr. Martin will prepare final proposal for board's reVIew. Generic Approval Process for Industrial Zoned Property Executive Director, Mr. Martin gave brief update. Town Board held discussion, agreed it should reflect the work being done on the comprehensive land use plan and to wait for the completion of that... board agreed to review, give their comments and concerns to Jim and schedule discussion for a workshop session in mid November. Harris, Zverblis, Oudekerk, Toomey Rezoning Town Board reviewed petition for change of zone for the Harris, Zverblis, Oudekerk and Toomey property... would like to have soil testings prepared... agreed to have resolution prepared sending petition to the Planning Board for their review. Indian Ridge PUD Town Board held discussion regarding proposed PUD... board agreed to proceed further and conduct the SEQRA review process at the August 5th board meeting. Waterfront Residential Zoning Executive Director, Mr. Martin submitted revised copy of the proposed Waterfront Residential Zoning to the board and reviewed the changes. Town Board held discussion, agreed to move forward and prepare for public hearing. Bay Road Sewer Supervisor Champagne gave update to the board regarding last week's meeting regarding proposed Bay Road Sewer district... noted 62 plus people attended... some very good input with different ideas, different routes... will be meeting with the developers this Thursday morning to discuss some different possibilities... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 316, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss personnel. Duly adopted this 22nd day of July, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ADJOURN EXECUTIVE SESSION AND TOWN BOARD MEETING RESOLUTION NO. 317,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns. Duly adopted this 22nd day of July, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: None RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY