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2008-08-22 SP MTG #36 SPECIAL TOWN BOARD MEETING 08-22-2008 MTG. #36 1 SPECIAL TOWN BOARD MEETING MTG. #36 AUGUST 22, 2008 RES. 401-402 7:00 P.M. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER- ABSENT TOWN COUNSEL MICHAEL HILL TOWN OFFICIALS SENIOR PLANNER, STUART BAKER ZONING ADMINISTRATOR, CRAIG BROWN SUPERVISOR STEC- Opened meeting. RESOLUTION TO AMEND THE TOWN’S VOLUNTEER AMBULANCE WORKERS SERVICE AWARD PROGRAM RESOLUTION NO.: 401, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board previously established a defined contribution Volunteer Ambulance Workers Service Award Program (the “Service Award Program”) and executed Adoption Agreements for Service Award Programs for Volunteer Ambulance Workers for the West Glens Falls Emergency Squad, the Bay Ridge Rescue Squad and the North Queensbury Rescue Squad, each dated November 22, 1996 (together, the “Adoption Agreements”), and WHEREAS, the Town’s current Service Award Program provides for a contribution of $400 per year for each participating volunteer, and WHEREAS, the Town Board has received requests from the Town’s volunteer ambulance workers to increase the annual contribution, and WHEREAS, the Town’s Program Agreement for Service Award Program for Volunteer Ambulance Workers (the “Program Agreement”), originally established by Key Trust Company and approved by the New York State Comptroller, currently provides that participation in the Program shall terminate when a participant files an application for payment of a Service Award, and SPECIAL TOWN BOARD MEETING 08-22-2008 MTG. #36 2 WHEREAS, the Town Board feels that contributions should not cease upon payment of a Service Award as long as these volunteers continue to volunteer and meet the requirements for a contribution, and WHEREAS, the estimated additional cost of increasing the annual contribution from the existing $400 to $700 will be approximately $22,200 and the estimated additional cost of allowing participating volunteers to continue to participate in the Program and receive contributions while receiving of Service Award payments will be approximately $8,400, and WHEREAS, the Town Board wishes to amend portions of the Program Agreement and the Adoption Agreements to reflect the desired changes to the Service Award Program, and WHEREAS, such amendments are authorized, subject to a mandatory referendum, pursuant to Article 11-A of the New York General Municipal Law, and WHEREAS, to revise the Service Award Program to increase the annual contribution to the maximum $700 and to continue to make contributions for volunteers receiving Service Award payments a proposition authorizing such amendments must be approved by the residents of the Town served by these organizations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the following changes to the Program Agreement, subject to a mandatory referendum at the November 4, 2008 general election and subject to any required approval by the New York State Comptroller: A.Section 2.1(C) of the Program Agreement, entitled “Termination”, is amended to read as follows: Participation in a Service Award Program shall terminate on the earlier of the date of death of a Participant, or the date on which the governing board of the Sponsor determines that a Participant has forfeited his or her Service Award. B. Article VI of the Program Agreement, entitled “Payment of Service Awards”, is amended by adding the following new Section 6.5: 6.5 Continuation of Participation. Years of, and points for, active Ambulance Service shall be credited for periods after a Participant has reached the Entitlement Age and has received or is receiving a Service Award. and BE IT FURTHER, SPECIAL TOWN BOARD MEETING 08-22-2008 MTG. #36 3 RESOLVED, that the Queensbury Town Board hereby adopts the following changes to the Adoption Agreements, subject to a mandatory referendum at the November 4, 2008 general election: A. The Adoption Agreements are amended to indicate $700 as the Regular Contribution Amount rather than $400. and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and Town Counsel to prepare two propositions relating to this Resolution to be placed on the November 4, 2008 election ballot for the voters’ approval or disapproval and the Town Clerk, with the advice of Town Counsel, to prepare an abstract of the propositions, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves and authorizes a proposition substantially in the following form pertaining to the increase in the annual service award contribution for the Town of Queensbury’s Volunteer Ambulance Workers: INCREASE IN ANNUAL SERVICE AWARD CONTRIBUTION The Town of Queensbury proposes to increase the annual service award contribution for a participating Volunteer Ambulance Worker from $400 per year to the maximum of $700 per year, to be effective prospectively as of January 1, 2009. The estimated increase in cost to the Town of Queensbury for 2009 if this proposition is passed is approximately $22,200. and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and authorizes a proposition substantially in the following form pertaining to the right of a participating Volunteer Ambulance Worker to continue to participate in the Service Award Program and receive contributions while receiving payment of his/her accrued service award: CONTINUATION OF RIGHT TO RECEIVE CONTRIBUTIONS WHILE RECEIVING SERVICE AWARD AFTER ENTITLEMENT AGE: SPECIAL TOWN BOARD MEETING 08-22-2008 MTG. #36 4 The Town of Queensbury proposes to permit a participating Volunteer Ambulance Worker to continue to participate in the Service Award Program and receive contributions after such volunteer attains the age he or she is entitled to receive payment of his/her accrued service award (i.e., 62 under current plan) and is receiving such service award payments, to be effective prospectively as of January 1, 2009, subject to any required approval by the New York State Comptroller. The estimated increase in cost to the Town of Queensbury for 2009 if this proposition is passed is approximately $8,400. and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to transmit a certified copy of this Town Board Resolution along with the propositions and abstracts to the Warren County Board of Elections or other appropriate officials so that the propositions will be placed on the November 4, 2008 election ballot in all the voting locations in the Town of Queensbury. nd Duly adopted this 22 day of August, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer DISCUSSION: TOWN’S DEFERRED COMPENSATION CARRIER SUPERVISOR STEC- Board Members received in their mailboxes yesterday the information regarding the Town’s Deferred Compensation Carrier. He explained that this isn’t Town money but the Town has to authorize who the compensation carrier is. It is really like an employee association. Noted that Barbara Tierney, Pam Hunsinger, Maria Gagliardi and one other person (Bruce Ostrander) make up the Deferred Compensation Committee. There was an RFP. The current carrier is Hartford and they want to stay with them. There will be a resolution some time in September to select a carrier. OTHER DISCUSSION HELD: COUNCILMAN MONTESI- Spoke regarding a telephone conversation with Dan Valenti, Jr. concerning the property he purchased on Quaker Road (Hewlitt’s). The front half of that property is zoned commercial and the back half is zoned residential. Mr. Valenti said that if the Town is looking at changing that he will leave it alone, if not he will be addressing the Board to request a zone change to highway commercial. DISCUSSION: DRAFT ZONING CODE REVIEW CHANGES MADE DURING MEETING: SPECIAL TOWN BOARD MEETING 08-22-2008 MTG. #36 5 REFER TO: PAGE 2.6 Section 179-2-010 Definitions and Word Usage DEFINITION AMENDED TO: BUILDING FLOOR AREA, TOTAL -- A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be included. (See “FLOOR AREA RATIO”). B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures on the project site. ARTICLE 5 Supplementary Regulations REFER TO: PAGE 5.1 Section 179-5-020 Accessory Structures AMEND ACCESSORY STRUCTURE: (up to two totaling no more than 500 square feet) shall be a permitted use in all residential zoning districts on parcels of 3 acres or less. Accessory structure over 120 square feet must comply with the setback requirements applicable to the principal structure. For residential parcels larger than 3 acres, up to 3 accessory structures totaling up to 750 square feet shall be allowed. Accessory structure in non-residential zones that exceed an area of 120 square feet shall be subject to site plan review in the zoning districts shown in the Schedule of Permitted Uses (see Table 1). AMEND: b. Accessory structures greater than one hundred twenty (120) square feet require a building permit and must comply with the setback requirements applicable to the principal structure (inserting: “require a building permit”) REFRE TO: PAGE 3.11 Section 179-3-40 Establishment of Zoning Districts AMEND TO: Professional Office- The PO District encompasses areas where professional offices are encouraged. These are located along arterials adjoining residential areas where compatibility with residential uses is important. The Town desires to see development of high-quality offices where structures and facilities are constructed with particular attention to detail, including but not limited to architecture, lighting, landscaping, signs, streetscape, public amenities, and pedestrian connections. The PO District can function as a transition zone protecting residential zones from more intensive commercial uses, while providing convenient professional services to residential neighborhoods. Office and residential facilities should be sited and built to demonstrate compatibility with adjoining uses and to minimize any negative impacts on adjoining land uses. No residential uses shall be allowed within 600 feet of Bay Road and West Mountain Road. REFER TO: PAGE 3-9 Through 3-12 Section 179-3-040 Establishment of Zoning Districts Stuart Baker will make further revisions to this section. REFER TO THE RESIDENTIAL USE TABLE TOWN COUNSEL HILL- We want to compare the proposed list as to the LC-42 with what the Adirondack Park Agency Shows as allowable in the corresponding land use designation. SENIOR PLANNER, STUART BAKER- Will email any proposed changes of this table to Brian Grisi of the Adirondack Park Agency for his reaction. SPECIAL TOWN BOARD MEETING 08-22-2008 MTG. #36 6 ZONING ADMINISTRATOR, CRAIG BROWN- The following are not defined: Cottages, Estate Home, Row House, Library, etc. If we are going to keep these they need to be defined. DELETE THE FOLLOWING UNDER RESIDENTIAL & RELATED USES: Cottage, Estate Home, DELETE: Suburban Residential Column- AMEND TO: Moderate Density Residential DUPLEX- Change it from Site Plan Review to a Permitted Use and to add it to the RR Zone HOME OCCUPATION- Where applicable change from PU to AU MOBILE HOME- List zones that the mobile home overlays encompass. DELETE: Modular Home from table as it is considered a single-family home. ARTICLE 2- DEFINITIONS REFER TO: PAGE 2.24 Section 179-5-010 Definitions and Word Usage AMEND: MOBILE HOME- Any Vehicle or similar portable structure or any part thereof or addition thereto, with or without a foundation or wheels, jacks, skirting, wood or masonry block supports, designed or constructed to be towed on its own chassis (comprised of frame and wheels), driven or otherwise transported to its resting site and which is designed to permit occupancy for residential, business, commercial, or office purposes. Such will include units that may contain parts that may be folded, collapsed or telescoped when being towed and expanded later, as well as two or more separate components designed to be joined into one integral unit, remains mobile, but excluding modular homes. (See “single-family dwelling”). See section 179-4-050 of this Chapter for “Mobile Home Overlay Districts” and Chapter 113, Mobile Homes. REFER TO RESIDENTIAL USE TABLE AMEND THE FOLLOWING UNDER RESIDENTIAL & RELATED USES: CHANGE: Row House to: Town House throughout the code. Update Zones where applicable. SINGLE FAMILY DWELLING- Zone PR42 add PU DELETE ROW: “Uses Accessory to Principal Use” BOATHOUSE: Update Table/Zones where applicable. REFER TO: PAGE 2.1 Section 179-5-010 Definitions and Word Usage AMEND: ACCESSORY STRUCTURE definition to include boathouses in the list of examples. REFER TO: PAGE 2.5 Section 179-5-010 Definitions and Word Usage AMEND: BOATHOUSE definition to define it as an accessory structure. REFER TO RESIDENTIAL USE TABLE AMEND: Commercial Boat/Sales/Service/Storage to SUP instead of SPR DELETE THE FOLLOWING FROM THE LC ZONE: Commercial Boat Sales/Service/Storage, Campground, Produce Stand, etc. SPECIAL TOWN BOARD MEETING 08-22-2008 MTG. #36 7 AMEND: Campground to SUP instead of SPR in LC Zone AMEND: Cemetery- take out of PR and WR th SUPERVISOR STEC- Next meeting will be held on Wednesday, August 27 at 8:30am to continue the work on the Use Tables. Asked Stuart Baker to make the amendments and to provide a revised set of the Use Tables to the Town Board. Also asked Stuart Baker to continue to work on the section on Highway Commercial Uses and make those changes. RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO.: 402, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. Duly adopted this 22nd day of August, 2008, by the following vote: AYES: Mr. Montesi, Mr. Stec, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. Brewer Respectfully, Darleen Dougher Town Clerk/Town of Queensbury