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2012-08-20 Mtg 18 REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 408 REGULAR TOWN BOARD MEETING MTG#18 AUGUST 20TH, 2012 RES#236-252 7:00 P.M. B. H. 20-21 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIIVER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER PRESS LOOK TV, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER SUPERVISOR STEC-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 236, 2012 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RONALD MONTESI RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 20th day of August, 2012, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ADAM LEONARDO RESOLUTION NO.:BOH 20,2012 REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 409 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance,and WHEREAS, Adam Leonardo has applied to the Local Board of Health for a variance from Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks, as Mr. Leonardo wishes to keep the existing 1,000 gallon holding tank system rather than expand to the required 2,000 gallon holding tank system, and Mr. Leonardo has also applied for a variance from Chapter 136 to allow such system to be located 8' from the property line in lieu of the required 10' setback on property located at 12 Hall Road Extension in the Town of Queensbury, NOW,THEREFORE,BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, September 10t'',2012 at 7:00 p.m. at the Queensbury Activities Center,742 Bay Road, Queensbury, to consider Adam Leonardo's sewage disposal variance application concerning property located at 12 Hall Road Extension in the Town of Queensbury and bearing Tax Map No.: 289.11-1-17 and at that time all interested persons will be heard,and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this I W'day of September,2012,by the following vote: AYES Mr.Montesi,Mr. Strough,Mr.Brewer,Mr. Stec,Mr.Metivier NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 21, 2012 REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 410 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 20th day of August, 2012, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None 2.0 PUBLIC HEARING ESTABLISHMENT OF LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT PUBLICATION DATE: AUGUST 10, 2012 SUPERVISOR STEC-We had set this public hearing at our last Town Board Meeting following a lengthy process not unlike the process that the Town Board completed about this time last year for the Glen Lake Association. If there is anyone here from the Glen Lake Association that was curious, I know that we the Town staff and I have been working with Paul Derby to hire Allied Biological to come in and do their plant survey they will be doing that here in the next couple of weeks. Sunnyside was on a similar path and one of the hiccups that we ran into is that unlike the access that we have for Glen Lake next to the Docksider a public access we needed and did not have public access to Lake Sunnyside and that was a requirement for the Map, Plan and Report for us to be able to access Sunnyside to do the work that we need. After some searching and some negotiations a suitable site was identified in a situation negotiated between the Town and the property owner half of the "would be" district so that is in place now. In parallel with that we had asked Bob Huntz and I thought that I saw Bob here earlier tonight and I want to thank him again, there he is Bob, thank you. had it read in the past and I am going to ask Karen in a minute to read Bob's handwritten note to us as well. We just want to make sure that one, people were aware of the project, which we thought they were. Two, we wanted to make sure that the public was as much as possible on board with the direction that we were going in. Bob certainly delivered it was an informal requirement, but it was something that we thought was necessary and something we typically do for a unique district situation like that, we did the same thing for Glen Lake we asked them to do a survey. Karen if you would just for the record read Bob's handwritten note in there just so we have a flavor for what was communicated to the Town Board a couple weeks okay. REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 411 DEPUTY CLERK O'BRIEN-Read the following letter into the record. Lake Sunnyside Tax District The Map Plan and Report for the Lake Sunnyside Tax District identifies 112 properties in the District. The 52 form letters signed by residents represent 63 properties. We were not able to contact most of the remaining property owners and 6 elected not to sign the letter. Most of those not contacted are absentee owners who have not participated in any of the activities of our Protective Association. Thanks for your support and help with this Tax District project. Bob H u ntz SUPERVISOR STEC-Thank you. Attached to that was form letters signed by those people that Bob had prepared, the Town did not prepare it, but Bob did and it does reflect the basic outline of what we are doing. The Map, Plan, and Report calls for and identifies the district formation costs being phased in over a period of five years. For the first five years the estimated per property expense is a hundred and eighty eight dollars per year and then after that assuming nothing else changes once the district formation costs are recouped by the Town General Fund from the district then the cost will drop back down according to the Map, Plan, and Report to a number about a hundred and fifty two dollars per residence per year. I likened it before and again apologize being neither a lakefront owner or a pool owner, but it is my understanding that pool chemicals cost more than what this district will be paying to get rid of all the weeds and whatnot that are invasive in Sunnyside it is certainly a great advantage to the residents we believe. That's why we are here to conduct this public hearing to garner any feedback on that. That is a requirement in order to form that district whether it is this kind of district or a water district or sewer district is to conduct a public hearing so that is why we are here tonight. We will call on anybody that would like to address this public hearing on the formation of the Lake Sunnyside Aquatic Plant District. I would just ask that you raise your hand and I will call on anybody, one at a time. You can come to the microphone just please state your name and address for the record these microphones not only amplify, but they record for the record. We will take any comment you have and we will take all comment on this particular public hearing this evening. Is there anyone that would like to address the board on Lake Sunnyside? PUBLIC HEARING OPENED BOB HUNTZ-65 Sunnyside Road, Queensbury-President of Protective Association for Lake Sunnyside. We have been working on this project for about four years as Dan mentioned there were several obstacles along the way, which eventually got overcome, which got us to this point. I would like to thank the board now for all of their support during that long and arduous process of putting this together. I think we have a great deal of support for the district as demonstrated by the letters that we delivered to you earlier and incidentally there are even more now that I have, but I don't think you need anymore. Again, I would just like to say thank you to the board for following us through on this process. REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 412 SUPERVISOR STEC-You are certainly welcome Bob and thank you for your efforts on behalf of your neighbors it has been a pleasure to work with you. If you want we will certainly make those letters part of the record, but you certainly demonstrated to us that it seems that a vast majority are very comfortable with what we are all cooperatively trying to accomplish for the lake, I think it is in everyone's interest, (the 52 letters submitted are on file in the Town Clerks Office) Any other comment on this public hearing, discussion from board members? The deadline for district formation there is a process for this we have to wait thirty days now, which is unusual for a lot of districts, but this one requires thirty days before we can issue a final order so that final order will come September 24th, 2012 at that Town Board Meeting. The deadline for having a district in place in order for it to make its way onto the tax bills at the County that the County will print later happens to be October 1St. So that was one of the motivators if we miss the window here it would have to be that we wait another year, I don't think that people wanted to wait another year. In the interest of full disclosure assuming that five weeks from tonight we pass the final order on this the hundred and twelve property owners over there can expect to see an additional hundred and eighty eight dollars on their January tax bill. That will be dedicated by law that is the process it cannot go anywhere else it is for Sunnyside only. The Town Board will manage the district and work with them as we are trying to with the Glen Lake Association to kill the weeds that don't belong to make the lake safer and healthier and more enjoyable for everybody that lives there. PUBLIC HEARING CLOSED SEQRA PART II IMPACT ASSESSMENT(TO BE COMPLETED BY LEAD AGENCY) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE FULL EAF. No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED AGENCY. No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF LEGIBLE) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal. Potential for erosion, drainage or flooding problems? Explain briefly. No C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly. No C3. Vegetation or fauna,fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly. No REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 413 C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land, or other natural resources? Explain briefly. No C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. No C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly. No C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly. No D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? IF YES, EXPLAIN BRIEFLY No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN BRIEFLY. No RESOLUTION APPROVING ESTABLISHMENT OF LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.237,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the Queensbury Town Board (the "Town Board") is considering forming the Lake Sunnyside Aquatic Plant Growth Control District(the "District") in accordance with Article 12-A of New York Town Law for the purpose of controlling milfoil and other non-native, invasive aquatic plant species in Lake Sunnyside, and WHEREAS, a Map, Plan and Report (the "Map, Plan and Report") concerning the proposed District was prepared by VISION Engineering, LLC, filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, the Map, Plan and Report describes the boundaries of the proposed District, the proposed aquatic plant control plan, capital improvements and method of operation, the maximum amount proposed to be expended for the plan, and the cost of the proposed District to the typical property and, if different, the typical one or two family home, and the proposed method of financing to be employed, if any, and WHEREAS, establishment of the proposed District was determined to be an Unlisted Action under the State Environmental Quality Review Act(SEQRA), a SEQRA Short Environmental Assessment Form(EAF)was prepared for the proposed District and the Town Board determined to conduct uncoordinated SEQRA review of the proposed District establishment, and REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 414 WHEREAS,on August 6"',2012 subsequent to the filing of the Map,Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed District; (b)the proposed services, capital improvements and proposed method of operation; (c)the maximum amount proposed to be expended for the services and capital improvements; (d) the cost of the District to the typical property and the typical one or two family home (if not the typical property);(e)that the capital improvement costs will be distributed to each property on a benefit basis and,therefore, no financing will be employed; (f) the fact that a Map, Plan and Report describing the proposed District, services and capital improvements is on file in the Town Clerk's Office; and(g)the time and place of a public hearing on the proposed District,and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller,all as required by law,and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of the District to the typical property and typical one or two family home (if not the typical property)were computed was filed with the Town Clerk for public inspection,and WHEREAS,a public hearing on the proposed Sewer District was duly held on August 20`h,2012 and the Town Board has considered the evidence given together with other information,and WHEREAS, the Town Board has reviewed Part 1 of the EAF and completed Part II based on the information included in the Map,Plan and Report and provided at the Public Hearing, and WHEREAS, the Town Board wishes to establish the proposed District as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, BE IT RESOLVED,that establishment of the Lake Sunnyside Aquatic Plant Growth Control District(the "District") and providing of the services described in the Map, Plan and Report will not have a significant adverse impact on the environment, and the Town Board hereby authorizes the filing of the completed EAF as a SEQRA Negative Declaration -Notice of Determination of Non-Significance with respect to the action, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 415 RESOLVED,that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All of the property and property owners within the District are benefited thereby; 3. All of the property and property owners benefited are included within the limits of the District; 4. It is in the public interest to establish the District as described in the Map, Plan and Report: and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the establishment of the District in accordance with the boundaries and descriptions set forth in the Map, Plan and Report, and the services described in the Map,Plan and Report may be provided subject to the following: 1. The obtaining of any necessary permits or approvals from the New York State Department of Health and the New York State Department of Environmental Conservation; 2. The obtaining of any required approval(s)of the New York State Comptroller's Office; 3. Permissive referendum in the manner provided in New York State Town Law Article 7;and 4. The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with the provisions of New York State Town Law Articles 7 and 12-A and the Town Board authorizes and directs the Queensbury Town Clerk to file,post and publish such Notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the Petition and to REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 416 distribute a supply to any person requesting such Petition, and if no such Petition is filed within 30 days after adoption of this Resolution to file a Certificate to that effect in the Office of the County Clerk. Duly adopted this 20"'day of August,2012,by the following vote: AYES : Mr. Brewer,Mr. Stec,Mr.Metivier,Mr. Montesi,Mr. Strough NOES : None ABSENT: None 3.0 RESOLUTIONS RESOLUTION ESTABLISHING PLANNING AND ZONING ISSUE RESOLUTION COMMITTEE AND APPOINTING ITS MEMBERS RESOLUTION NO.: 238,2012 INTRODUCED BY: Mr.Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS,the Queensbury Town Board has a duty and the authority to create committees when it believes it is in the public's best interest to review and address matters of Town importance, and WHEREAS, the development of a large parcel located on the southwest corner of Bay and Blind Rock Roads has the potential for both significant positive and negative impacts to the community and has been the source of much public debate over many years, and WHEREAS, last year an applicant submitted a proposal for the development of this property that was compliant with the zoning code and needed no zoning variances, and WHEREAS, the Town Planning Board held several public discussions on this proposal and ultimately concluded that although compliant with zoning the proposal was not very desirable to the community and the Planning Board therefore encouraged the applicant to resubmit a different proposal that would be more appealing and instructed the applicant not to be overly concerned with avoiding all zoning code deviations, and REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 417 WHEREAS the applicant took this message and resubmitted a proposal that the Planning Board found much more desirable but also increased the project's proposed residential density and required numerous zoning area variances, and WHEREAS, this proposal was subsequently reviewed by the Town Zoning Board of Appeals (ZBA) and while no actual resolution was ever voted on by the ZBA, the ZBA communicated that the variances sought were too numerous and would not likely be granted, and WHEREAS, some members of the ZBA also recommended to the applicant that they seek a change in zoning from the Town Board, and WHEREAS, the applicant instead first requested a public workshop with the ZBA and Planning Board to attempt to resolve the conflicting signals from the ZBA regarding this pending application and that workshop request was not granted by the ZBA, and WHEREAS, the applicant has expressed frustration in the crossed signals from the Planning Board and ZBA and fears that without further dialogue the applicant could enter into a very expensive endless loop in the Town's review process and that this process would not only be expensive to the applicant but also to the Town's taxpayers, and WHEREAS, the applicant has therefore chosen to file an application seeking such a change in zone that would potentially allow increased flexibility in their proposal and avoid an iterative process that would be costly to both the applicant and the Town, and WHEREAS, some members of the Town Board feel strongly that the requested change in zoning is not desirable and is certainly not the only available option to gaining a resolution to this issue that works for both the public and the applicant, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board believes that in addition to considering the requested zoning change, the Town Board believes that in the interest of fairness and in an effort to avoid wasting the time and resources of both the applicant and the taxpayers that an attempt to seek a resolution to this issue that pares down the proposed project density and works within the existing town code is desirable and in everyone's best interest,and REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 418 BE IT FURTHER, RESOLVED, that to this end the Town Board hereby creates a "Planning and Zoning Issue Resolution Committee" and tasks it with fact finding and working with Town Staff, Town Counsel and the Planning Board and ZBA to attempt to resolve this conflict between the applicant,the Planning Board and the ZBA without requiring the Town Board to make further changes to the zoning code. Such Resolution not necessarily suggesting that no use of the zoning variance application process be allowed but certainly encouraging the number and magnitude of variances to be reduced from the last proposal, and BE IT FURTHER, RESOLVED, that the Town Board appoints the following four members to serve until such a time as they determine their work on this matter is concluded: • Councilman John Strough • Councilman Ron Montesi • Zoning Administrator Craig Brown • Planner Keith Oborne and BE IT FURTHER, RESOLVED, that the Town Board expresses to the Planning Board and the ZBA its firm belief that it is in the public's best interest for these Boards to meet in a joint public workshop meeting with the Planning and Zoning Issue Resolution Committee in the very near future to provide meaningful feedback to the applicant regarding this pending application in attempt to establish a direction for the applicant to move forward so that the future development can proceed without further alteration of the Zoning Code, without excessive density or negative impact to the surrounding neighborhood. Duly adopted this 20"'day of August,2012,by the following vote: AYES: Mr. Stec,Mr.Metivier,Mr.Montesi,Mr. Strough,Mr.Brewer NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 419 SUPERVISOR STEC-The Town Board on my humble opinion I will exclude myself because I don't want to be accused of patting myself on the back or handing out a self-serving compliment. I want to compliment the Town Board for the past several years where I really think that this Town Board has worked together very well in conducting our business and the occasions that we disagreed we have been managing to disagree in an agreeable manner and I think that serves us all and more importantly our public very well. With that said there has been something that has been kicking around here for almost a decade and there is an item coming up on the agenda a little later that the Town Board is going to vote on. We have received an application from an applicant that would like us to consider changing the Town's Zoning Code we are going to consider that a little later. However, I know that all the Town Board is somewhat concerned and bothered by how we got here. I think the Town Board is all of the like mind that we would like to find a resolution and perhaps where we may disagree is on how best to find that resolution to the problem that we have been observing off and on over years. With that said today I gave this some thought and I wrote a resolution I have shared it with the entire board. John gave me a couple minor tweaks too, which I am completely fine with. What I would like to do is I am going to read the resolution and we will consider this resolution first in front of the other ones in front of us. What it will likely do is it will likely establish a parallel path to try to and I think in the view of all of us I think we would all prefer this route to be the one that works. However, I think there are some on the board that are concerned that this route may not work so we need to have other options available I suppose. What the title of this resolution is Resolution Establishing Planning and Zoning Issue Resolution Committee and Appointing its Members. (Supervisor Stec read resolution) I tried to capture the history that in my mind this is not the resolution now, but speaking for myself my observation is and I think that most of the board would agree maybe we would assign varying degrees of blame, but certainly there are three entities here that need to be communicating and are partially responsible for bringing us here. Planning Board that said be more aggressive make it more interesting don't worry so much we want it to look nice they kind of opened the door. The applicant that saw the open door and tried to push the open door open a little farther perhaps too far for a lot of us and the ZBA really hasn't concluded its work for whatever reason. The ZBA could give better feedback so that we avoid this situation where you have an applicant that says, hey before I start spending money chasing this I want to know if I am barking up the wrong tree or not. I think that if we send that message as a Town Board and we put two Town Board members I have selected John and Ron certainly the board can disagree, but Ron because the propose development is in the second ward. John because he has been a strong advocate on planning and zoning issues in general, but in particular this one over the years. Certainly we haven't all seen eye to eye on this, but I think John and I are on the same page that we're tired of the ping pong back and forth of over the years we REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 420 would rather see the Zoning Board and Planning Board like any other project hammer this out. Perhaps in this instance because it has been so difficult for a decade that this nudge by the Town Board might be enough to gets the ball rolling. Of course, with the process and public input they may land on a place that most people would be pretty comfortable with. Anyways, I wanted to bring that one from the floor tonight and I consulted with the board as to when in the agenda they thought that would be good most of them suggested I didn't talk to Ron to bring it up right at the beginning of resolutions before we get down to number seven. With that said, I would move this resolution like I said I suspect that a majority of the board may want to still keep all their options opened I respect that I personally disagree with its need, but certainly maybe this will between the two paths maybe this will get the ball rolling and we will get some meaningful dialogue back at the Planning and Zoning Boards and get an answer. I will move this resolution. COUNCILMAN MONTESI-I will second it. SUPERVISOR STEC-Seconded by Councilman Montesi discussion on this resolution either its specifics or just the overall thing. COUNCILMAN BREWER-Just overall Dan I just don't want anybody to think that this precludes us from moving forward with the resolution that we have for the applicant. SUPERVISOR STEC-1 figured you all want to probably want to leave that option open. COUNCILMAN BREWER-Do it at the same time so if one doesn't work hopefully the other one will. COUNCILMAN STROUGH-1 am going too be strongly and adamantly opposed to allowing the zoning law change. In this case it's the request to change it to a PUD that is for the sake of informing the public that is a Planned Unit Development and it becomes a Town Board entity. It becomes a Town Board project. It becomes a project that has no limitations no requirements, no setbacks, no height requirements, no definition other than mix use...open space and some of the other features that go with a PUD. We do have PUD's in our residential zoning we do not have PUD allowance in our professional office zoning or office zoning as we call it now. For me, I would argue for good measure I think that this applicant that is proposing a project over here on the corner of Bay Road and Blind Rock Road should go through the same process as all previous developers have along Bay Road. They have all had to abide by the zoning restrictions and the zoning descriptions and they have for the most part. Have there been variances, yes because each situation is going to be unique and so is this one. They should go through the Planning Board and Zoning Board process the appropriate in my opinion and traditional channels. There should not be a REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 421 rezoning for this project in my opinion I am going to work very hard. I commend Supervisor Stec for proposing a committee that will try and usher this project along. Now, this project has been sitting amid a flurry of misinformation. I don't think it is productive for me to point fingers at this time, but you know what they're guilty parties all over the place there is misinformation all over the place. One of the charges or admissions of this committee is a fact finding job let's get to the facts what do we have here? What does the applicant want? What is exactly the position of the Planning Board? I could go through this right now the Planning Board said this the Zoning Board said this the applicant said this, I don't want to get into this that right now. I think that is the mission of this committee the way I interpret it. SUPERVISOR STEC-1 agree. COUNCILMAN STROUGH-So, I think it is a very good suggestion. I am going to vote no to set a public hearing on forming a PUD. I think it is the wrong message it is just very wrong. COUNCILMAN BREWER-In your opinion. COUNCILMAN STROUGH-In my opinion, of course, it's my opinion I am the one speaking. COUNCILMAN BREWER-You make it sound like it's a for true statement. COUNCILMAN STROUGH-Again, a PUD is something that this Town Board would define in conjunction with the applicant. Once you change a law it becomes permanent and it runs with the property. The owners of this particular piece of property could change the PUD does not. I just think it is a dangerous place to go and I think there is probably consensus amongst this board once the facts are all out that we take the usual channels I think that is probably the consensus of the board. Having said that and not wanting to create any controversy and let this committee do its job I am going to just leave it at that. SUPERVISOR STEC-Any discussion on this one we will come back to the other one, too. COUNCILMAN MONTESI-Only that when the Town Board takes control of a PUD it is not a bad thing Hiland Park is a PUD that is a mix of recreational and residential. I am a little surprise at John not wanting to do a PUD because we would have control, but be that as it may I think the committee is a good idea and we will get on with it. SUPERVISOR STEC-Again we will come back to the other one I will imagine there will be a little more discussion on 3.7. Again for those of you paying attention this discussion on the corner huge contrast to the last time we talked about that corner. (Vote taken) REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 422 RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PURCHASE AND INSTALLATION OF "ABB" VARIABLE FREQUENCY DRIVE FOR HIGH LIFT #4 (700 HP FINISHED WATER PUMP) AT TOWN WATER DEPARTMENT RESOLUTION NO.: 239,2012 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, by Resolution No.: 248,2008, the Queensbury Town Board authorized the standardization of certain equipment at the Town's Water Department, i.e., its Large Variable Frequency Drives on motors over 75 horsepower,so that all such Drives would be required to be manufactured by ABB, Inc.,and WHEREAS,the Town of Queensbury's Water Superintendent and Civil Engineer wish to advertise for bids for the purchase and installation of an"ABB" Variable Frequency Drive for High Lift #3 (700 HP fmished water pump)as will be more clearly specified in bid documents and specifications to be prepared by the Civil Engineer,and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s)meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, 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 for the purchase and installation of an"ABB"Variable Frequency Drive for High Lift#3 (700 HP fmished water pump)in the official newspaper for the Town of Queensbury, 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. Duly adopted this 20"'day of August,2012,by the following vote: AYES : Mr.Metivier,Mr.Montesi,Mr. Strough,Mr. Brewer,Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING GLENS FALLS LIONS CLUB DUATHLON REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 423 RESOLUTION NO.240,2012 INTRODUCED BY:Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS,The Glens Falls Lions Club has requested permission to conduct its Inaugural Duathlon which will raise funds to enable them to continue their work in sight and hearing assistance and preservation as follows: SPONSOR: Glens Falls Lion Club EVENT: Inaugural Duathlon DATE: Sunday,October 7t',2012 TIME: Approximately 8:00 a.m. PLACE: Beginning and ending at East Field (Letter and Map regarding location of walk attached); NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from The Glens Falls Lion Club to conduct its Inaugural Duathlon within the Town of Queensbury,and BE IT FURTHER, RESOLVED, that the Town Board approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event,and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 2e day of August,2012,by the following vote: AYES : Mr.Montesi,Mr. Strough,Mr.Brewer,Mr. Stec,Mr.Metivier REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 424 NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF BARBARA HOWE AS TEMPORARY CLERK AT TOWN ACTIVITIES CENTER RESOLUTION NO. :241,2012 INTRODUCED BY Mr.John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr.Ronald Montesi WHEREAS, the Town Board wishes to hire Barbara Howe, a Temporary Clerk in the Town Assessor's Office, to work as a Temporary Clerk at the Queensbury Activities Center on an "as needed" basis while a full-time employee is out pursuant to the Family Medical Leave Act, and WHEREAS, Barbara Howe has indicated a willingness to assist the Town by immediately making this change to allow the Queensbury Activities Center to operate while the full-time employee is out pursuant to the Family Medical Leave Act, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies the hiring of Barbara Howe as a Temporary Clerk to work at the Queensbury Activities Center on an"as needed" basis while a full-time employee is out pursuant to the Family Medical Leave Act, effective as of August 8t'', 2012,and BE IT FURTHER, RESOLVED,that Ms.Howe shall be paid$15.05 per hour,and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 2e day of August,2012,by the following vote: AYES : Mr. Strough,Mr.Brewer,Mr. Stec,Mr.Metivier,Mr.Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF ROBERT GOODSON REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 425 AS MOTOR EQUIPMENT OPERATOR (MEO) FOR HIGHWAY DEPARTMENT RESOLUTION NO.242,2012 INTRODUCED BY:Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town Board that there is a vacancy within the Highway Department for a full-time Motor Equipment Operator(MEO),and WHEREAS,Robert Goodson was formerly employed as an MEO in the Highway Department and is entitled to preferential hiring under the Workers' Compensation Law,and WHEREAS, Robert Goodson has indicated a desire to accept the position of MEO in the Highway Department. NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board authorizes and directs the hiring of Robert Goodson as a full-time Motor Equipment Operator (MEO) in the Highway Department effective on or about August 21St, 2012, contingent upon Mr. Goodson passing his pre-employment physical, the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, drug and/or alcohol screening and Mr. Goodson obtaining his Hazardous Materials Certification within one year, or by August 20th, 2013,and BE IT FURTHER, RESOLVED,that consistent with the current CSEA Contract,such appointment will be subject to an eight(8)month probationary period,and BE IT FURTHER, REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 426 RESOLVED, that the Town Board further authorizes and directs that Mr. Goodson be paid the hourly rate of pay listed for his position in the current CSEA Contract($18.21 base pay for 2012),and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent, and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 2e day of August,2012 by the following vote: AYES Mr. Stec,Mr.Metivier,Mr.Montesi,Mr. Strough NOES Mr.Brewer ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2013 - 2015 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE CO., INC. RESOLUTION NO.:243,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co.,Inc.,North Queensbury Volunteer Fire Co.,Inc.,Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town,and WHEREAS,the Town and the South Queensbury Volunteer Fire Co., Inc. have negotiated terms for a new three(3)year Agreement for fire protection services,and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning the proposed 2013-2015 Agreement for fire protection services, REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 427 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed 2013-2015 fire protection services Agreement between the Town of Queensbury and the South Queensbury Volunteer Fire Co.,Inc.,on Monday, September 10th,2012 at 7:00 p.m.,and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 20th day of August,2012,by the following vote: AYES Mr. Stec,Mr.Metivier,Mr.Montesi,Mr. Strough,Mr.Brewer NOES : None ABSENT: None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED IMPROVEMENT OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES RESOLUTION NO.244,2012 INTRODUCED BY:Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District(the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District's water transmission facilities by installing a redundant transmission main along Corinth Road and replacing existing water mains in the vicinity of Everts Avenue,Foster Avenue and Country Club Road, all in accordance with Town Law§202- b, and WHEREAS, C.T. Male Associates, P.C., professional engineers, has prepared an Engineer's Report concerning the proposed water transmission system improvements together with an estimate of the cost of such improvements, and WHEREAS,the Engineer's Report was duly filed in the Queensbury Town Clerk's Office and made available for public inspection,and WHEREAS, the Town Board was duly designated lead agency for environmental review of the project under the State Environmental Quality Review Act (SEQRA )and determined that the project REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 428 would not have a significant adverse effect on the environment and a SEQRA Negative Declaration was made,and WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5), NOW,THEREFORE,IT IS HEREBY ORDERED: 1. The proposed improvements are: (a) installation of a new 16" DIP redundant transmission main along Corinth Road from the Water Treatment Plant to West Mountain Road, together with new valves and hydrants; and (b) replacement of existing 8" cast iron pipe water mains with new 8"DIP in the Everts Avenue area, including Patton Drive and Homer Avenue; the Foster Avenue area, including Angel Lane and Rudley Drive; and the Country Club Road area, including Woodvale Road. 2. The estimated cost of such improvements is $2,120,900. 3. The cost of the improvements will be paid from the current funds in the Capital Reserve Fund of the District; therefore, the annual cost of the District for debt service and operation and maintenance costs to the typical property and the typical one-or two-family home will not be increased. 4. The proposed improvements shall be constructed and installed as specifically delineated in the Map and Plan and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 5. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, September I e, 2012 to hear all persons interested in the improvement of the District facilities described above and to take such other and further action as may be required or authorized by law. REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 429 6. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten(10)days nor more than twenty(20)days before the public hearing date, as required by Town Law §202-b. Duly adopted this 20"'day of August,2012 by the following vote: AYES : Mr.Metivier,Mr.Montesi,Mr. Strough,Mr.Brewer,Mr. Stec NOES : None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2012 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" §179-12-010(A)(3) and §179-12-020(B) AS REQUESTED IN PETITION FOR CHANGE OF ZONE SUBMITTED BY QUEENSBURY PARTNERS, LLC RESOLUTION NO.: 245,2012 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the Queensbury Town Board has received a Petition for Change of Zone from Queensbury Partners, LLC to change the Town's Zoning Law to allow submission of a Planned Unit Development(PUD)application in the Office Zone and to limit such PUD's in the Office Zone to properties of no less than 30 acres,and WHEREAS,the Town Board wishes to accordingly consider amendment of the Queensbury Town Code in the following Town Code sections: A. §179-12-010(A)(3)to allow PUDs in the Office Zone; and B. §179-12-020(B) to provide that the Town Board shall not consider PUD projects in the Office Zone with less than the 30 acre absolute minimum acreage; and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2012 to accordingly amend Queensbury Town Code Chapter 179 "Zoning," in accordance with the proposed zoning revisions presented at this meeting, and REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 430 WHEREAS, in accordance with General Municipal Law §239-m,before enacting the legislation the Town must first refer the proposed Local Law and obtain a recommendation from the Warren County Planning Board,and WHEREAS, the proposed zoning revisions must undergo an environmental review pursuant to the State Environmental Quality Review Act(SEQRA)prior to adoption and enactment,and WHEREAS, the Town Board wishes to be Lead Agency for the required SEQRA environmental review and has a completed Part I of a Full Environmental Assessment Form (EAF) as prepared by the applicant,Queensbury Partners,LLC for use in the environmental review,and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law and therefore the Town Board wishes to set a Public Hearing concerning adoption of this Local Law, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk or Senior Planner to forward a copy of the proposed Local Law to Amend Queensbury Town Code Chapter 179 "Zoning" §179-12-010(A)(3) and §179-3-020(B) to the Warren County Planning Department for its review and recommendation,and BE IT FURTHER, RESOLVED,that the Queensbury Town Board hereby declares its intention to be Lead Agency for SEQRA review of the proposed zoning revisions/Local Law and directs the Town Clerk to send a copy of the proposed zoning revisions/Local Law, together with a copy of the completed Part 1 of the Full EAF, and a certified copy of this Resolution stating the Town Board's intention to be Lead Agency for SEQRA review to any other Involved Agencies as required by law,and BE IT FURTHER RESOLVED, that the Town Board shall meet and hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, September 24"', 2012 to hear all REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 431 interested persons concerning proposed Local Law No.: of 2012 to Amend Queensbury Town Code Chapter 179"Zoning,"and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Post-Star,the Town's official newspaper,and by posting the Notice of Public Hearing on the Town's bulletin board at least 10 days before the date of the Public Hearing,and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Clerk to send the Notice of Public Hearing, together with copies of the proposed zoning revisions/Local Law, if necessary, to any public officials, agencies or municipalities, in accordance with New York State Town Law §265 and any other applicable State Laws or Town Code provisions,and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Clerk to make a copy of the proposed zoning revisions available for public inspection during regular business hours of the Clerk's office,and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Clerk,Town Supervisor, Senior Planner and/or Town Counsel to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No. of 2012. Duly adopted this 20"'day of August,2012,by the following vote: AYES Mr.Montesi,Mr.Brewer,Mr.Metivier NOES Mr. Strough,Mr. Stec ABSENT: None DISCUSSION HELD BEFORE VOTE: REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 432 SUPERVISOR STEC-In summary the amendment in front of the Town to the Town Code would be Section 179-12-010(a) (3) to allow PUD's in the office zone. In Section 179-12-020(b) to provide that the Town Board shall not consider PUD's project in the office zone with less than thirty acres absolute minimum acreage. This public hearing if it's set tonight will be for five weeks from tonight on Monday, September 241h, 2012. That will allow time for the Planning Board to provide recommendation to the Town Board it is not going to be mandatory, but that is something that we normally would do. Also to get the feedback from any other agencies that are involved here. As, Ron pointed out the very first resolution that we did from the floor tonight that would give an opportunity for that process to start if things get resolved before that public hearing then this public hearing becomes a very simple matter and perhaps nothing else happens. If for some reason the work is still on going the board may choose to enact this it doesn't mean that we have to grant a PUD that work or that committee could still continue to work. I don't know how difficult that committee's work might be. I think we are all hopeful that the Zoning Board will come to the table with the applicant and if necessary the Planning Board to get some guidance that is a separate matter from this in front of us tonight. COUNCILMAN STROUGH-I am concerned that knowing that this is a viable option for the applicant I may not get the cooperation that I otherwise would have. If this gets voted down or delayed that's good I don't know how the vote's going to go tonight. It sends a message to the applicant that you have to work with this committee we are not going to consider this now, but you always have an option to consider it later. The PUD option is an option Richard Schermerhorn could have asked for Mr. Valente could have asked for other developers could have asked for, but no... COUNCILMAN MONTESI-If they had thirty acres. COUNCILMAN STROUGH-The code says thirty acres or the amount set by the board it doesn't have to be thirty acres. If you do make it thirty acres it really makes it look like you are tailoring this right to this particular applicant when nobody else that has thirty acres and that in itself I think is wrong. To send a message to the applicant that you have an out in other words this PUD I may find a lack of cooperation and I need their cooperation to get this job done. COUNCILMAN BREWER-I think on the contrary John I think you will get all the cooperation you can. These people have been trying countless times to get the Zoning Board to have special meetings to have the Planning Board and Zoning Board come together and they just refuse to do it so what option do they have other than this. COUNCILMAN STROUGH-Tim that is spreading more misinformation. COUNCILMAN BREWER-That is the information that I have heard and I have been told. COUNCILMAN STROUGH-It is misinformation. The Zoning Board at the time couldn't make a determination on this when they met on December.... REGULAR TOWN BOARD MEETING 08-20-2012 MTG# 18 433 COUNCILMAN BREWER-Let's not debate it tonight I think you will get cooperation is what I am saying. COUNCILMAN STROUGH-I think if you are making misinformation I want to show the public that is part of the problem and it is coming from all over and even this PUD is a decision that is based on misinformation. I think you ought to let the committee do its job and then make your determination. COUNCILMAN BREWER-I am not saying they shouldn't. COUNCILMAN STROUGH-This proposal has never been reviewed by an engineer it has been in concept only proposal no engineer has reviewed this. COUNCILMAN BREWER-Reviewed what? COUNCILMAN STROUGH-This project. COUNCILMAN BREWER-This is not the time for an engineer to review it this is the beginning of the process John. COUNCILMAN STROUGH-In other words the process has not moved along very far. It has been introduced as a concept development no one has rejected it no Planning Board no ZBA nobody has rejected this program. COUNCILMAN BREWER-Let's not debate it now let's just move on and get the job done that's all I am saying. COUNCILMAN STROUGH-My opinion is that approving that you are going to give a serious look at a PUD makes it more difficult for me to do my job. I think it is unfair to all the other developers to send this message. COUNCILMAN BREWER-They have a right to apply for something it doesn't necessarily mean it is going to be approved let them make their case that is all they are asking John. COUNCILMAN STROUGH-I think if the applicant in this case follows the appropriate traditional channels we are going to get something more in accord with what public desires on Bay Road. SUPERVISOR STEC-You and I agreed on this. COUNCILMAN BREWER-These two things can happen simultaneously. SUPERVISOR STEC-That's not what I was going to say what I was going to point out is that there is plenty of blame to go along with. The Zoning and Planning Boards could have done things differently or better on their end it is not all the applicant. I am hoping that we are sending a strong message from the Town Board tonight. The first resolution that we unanimously passed that is going to encourage the Zoning Board to work with the Planning Board and hopefully that will work.