2008-02-11 MTG# 7REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 406
REGULAR TOWN BOARD MEETING MTG# 7
FEBRUARY 11, 2008 RES#126-143
7:00 P.M.
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN COUNSEL
MARK SCHACHNER
TOWN OFFICIALS
BARBARA TIERNEY, BUDGET OFFER
SENIOR PLANNER, STUART BAKER
WASTEWATER DIRECTOR, MIKE SHAW
ROBERT KEENAN, DIRECTOR OF IT
PRESS
TV 8, POST STAR
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI
PUBLIC HEARINGS
I. PUBLIC HEARING – FIRE PROTECTION SERVICE AGREEMENT
BETWEEN THE TOWN OF QUEENSBURY AND THE BAY RIDGE
VOLUNTEER FIRE COMPANY, INC. FOR 2008
OPENED
NOTICE SHOWN
PUBLICATION DATE: FEBRUARY 1, 2008
SUPERVISOR STEC-We have two fire contract public hearings tonight followed by two
rescue squad’s contracts. Both of the fire contracts are one year proposals both of the
rescue squads contracts are two year proposals. Bay Ridge came in with essentially a flat
budget compared to 2007. The only difference is they wanted a forty five hundred dollar
increase to cover the need for a generator. I think when they added that in that represents
approximately a one point three or one point four percent increase in 2008 over the 2007
contract. With that explanation the public hearing is open if there is anyone that would
like to address the Town Board on this public hearing again, I ask that you just raise your
hand I will call on people one at a time. I see there are some members of Bay Ridge Fire
here, I appreciate you coming tonight.
COUNCILMAN MONTESI-I have a comment.
SUPERVISOR STEC-Go ahead Ron.
COUNCILMAN MONTESI-One of the things that all the fire companies and the rescue
squads we have a copy of is the Loftus Ross Accounting Fire Audit for each one of the
fire companies and the rescue squads. Fortunately for all of us there was nothing
irregular in any of the audits, but there were some recommendations at the end of each
audit as to things that they would like to see corrected or improved on. All, I am saying
to the guys in the rescue squads and fire companies that come before us tonight take that
up again. I mean, I know you get an audit it looks pretty good you throw it in the box
and forget it. I would like to see a little response back to the Town Board saying we have
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 407
corrected these things. As I said, none of them are monumental, but they were noted in
the audit they ought to be corrected.
SUPERVISOR STEC-Again if there anyone that would like to comment on Bay Ridge
Fire’s proposed contract? Seeing none I will close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING FIRE PROTECTION SERVICE
AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE
BAY RIDGE VOLUNTEER FIRE COMPANY, INC. FOR 2008
RESOLUTION NO.: 126, 2008
INTRODUCED BY: Mr. Ronald Montesi
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 Bay Ridge Volunteer Fire Co., Inc., have negotiated
terms for a new one (1) year Agreement for fire protection services, and
WHEREAS, in accordance with Town Law §184 and General Municipal Law
§209(b), the Town Board conducted a public hearing and heard all interested persons
concerning the proposed Agreement, and
WHEREAS, a copy of the proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection
District, hereby approves the Fire Protection Service Agreement between the Town and the
Bay Ridge Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to
execute such Agreement and the Town Supervisor and/or Budget Officer to take such other
and further action necessary to effectuate the terms of this Resolution.
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 408
th
Duly adopted this 11 day of February, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
PUBLIC HEARING – FIRE PROTECTION SERVICE AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE
COMPANY, INC. FOR 2008
OPENED
NOTICE SHOWN
PUBLICATION DATE: FEBRUARY 1, 2008
SUPERVISOR STEC-Again, this one West Glens Falls also turned in a budget request
for 2008 that was essentially flat. I think the only difference there was that they did
incurred with Town Board approval a little bit of debt last year I believe it was a Chief’s
vehicle or fly car I’m sorry it was a rescue vehicle. That additional I think it was six
thousand five hundred dollars into their total. Again, I think their total changed to about
four and a half percent. The total for them will be four seventy four six forty six. With
that said the public hearing is open if anyone would like to comment on West Glens Falls
Fire 2008 Contract.
NO PUBLIC COMMENT
SUPERVISOR STEC-Seeing none I will close the public hearing and entertain a motion.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING FIRE PROTECTION SERVICE
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST
GLENS FALLS VOLUNTEER FIRE COMPANY, INC. FOR 2008
RESOLUTION NO.: 127, 2008
INTRODUCED BY: Mr. John Strough
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 West Glens Falls Volunteer Fire Co., Inc., have
negotiated terms for a new one (1) year Agreement for fire protection services, and
WHEREAS, in accordance with Town Law §184 and General Municipal Law
§209(b), the Town Board conducted a public hearing and heard all interested persons
concerning the proposed Agreement, and
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 409
WHEREAS, a copy of the proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection
District, hereby approves the Fire Protection Service Agreement between the Town and the
West Glens Falls Volunteer Fire Co., Inc., substantially in the form presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to
execute such Agreement and the Town Supervisor and/or Town Budget Officer to take such
other and further action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 11 day of February, 2008, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
PUBLIC HEARING – EMERGENCY AMBULANCE SERVICE AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD,
INC. FOR 2008/2009
OPENED
NOTICE SHOWN
PUBLICATION DATE: FEBRUARY 1, 2008
SUPERVISOR STEC-Again the two rescue squads ones are two year deals. In 2008 Bay
Ridge will see two hundred thousand dollar total. In 2009 their operations portion will go
up about sixty five hundred dollars bringing their 2009 total to two hundred and six
thousand five hundred fifty dollars. With that said the public hearing is opened on Bay
Ridge’s Rescue Squads 2008/2009 contract.
NO PUBLIC COMMENT
SUPERVISOR STEC-Seeing no comment we will close the public hearing and entertain
a motion.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING EMERGENCY AMBULANCE SERVICE
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY
RIDGE RESCUE SQUAD, INC. FOR 2008/2009
RESOLUTION NO.: 128, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 410
SECONDED BY: Mr. Anthony Metivier
§
WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may
contract with ambulance services certified or registered in accordance with Public Health
Law Article 30 for general emergency ambulance service within the Town, and
WHEREAS, the Town and Squad have negotiated terms for a new two (2) year
Agreement for general emergency ambulance services, and
WHEREAS, in accordance with Town Law §184 and General Municipal Law
§209(b), the Town Board duly conducted a public hearing and heard all interested persons
concerning the proposed Agreement, and
WHEREAS, a copy of the proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the emergency
ambulance services Agreement between the Town of Queensbury and the Bay Ridge
Rescue Squad, Inc., substantially in the form presented at this meeting, and
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute such Agreement and the Town Supervisor and/or Town Budget
Officer to take such other and further action necessary to effectuate the terms of this
Resolution.
th
Duly adopted this 11 day of February, 2008, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: None
PUBLIC HEARING – EMERGENCY AMBULANCE SERVICE AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY RESCUE
SQUAD, INC. FOR 2008/2009
OPENED
NOTICE SHOWN
PUBLICATION DATE: FEBRUARY 1, 2008
SUPERVISOR STEC-They, this year will be going on their own for their own paid
staffing so they won’t be participating in a three-way arrangement as has been the case
the last few years. I think it is all mutually acceptable to the three squads and to the
Town. They have an additional sixty five thousand dollars and change I’m sorry sixty
three thousand dollars for paid staffing. The sixty three thousand came out of the total
that actually appears or will appear in the West Glens Falls Rescue Squads budget. I
don’t want anyone to think that is new money, but it certainly changes their total. That
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 411
aside including the sixty three thousand dollars their total for 2008 will be one hundred
and seventy thousand one hundred and eighty dollars. Then a small increase in 2009 for
their operations portion of their budget would be a hundred and seventy six thousand six
hundred and fourteen. With that said the public hearing is opened if there is anyone that
would like to comment on North Queensbury Rescue on their 2008/2009 contract.
NO PUBLIC COMMENT
SUPERVISOR STEC-Seeing none let’s go ahead and entertain a motion.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING EMERGENCY AMBULANCE SERVICE
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH
QUEENSBURY RESCUE SQUAD, INC. FOR 2008/2009
RESOLUTION NO.: 129, 2008
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
§
WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may
contract with ambulance services certified or registered in accordance with Public Health
Law Article 30 for general emergency ambulance service within the Town, and
WHEREAS, the Town and the North Queensbury Rescue Squad, Inc., have
negotiated terms for a new two (2) year Agreement for general emergency ambulance
services, and
WHEREAS, in accordance with Town Law §184 and General Municipal Law
§209(b), the Town Board duly conducted a public hearing and heard all interested persons
concerning the proposed Agreement for emergency ambulance services, and
WHEREAS, a copy of the proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the emergency
ambulance service Agreement between the Town and the North Queensbury Rescue Squad,
Inc., substantially in the form presented at this meeting, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 412
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute the Agreement and the Town Supervisor and/or Town Budget Officer
to take such other and further action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 11 day of February, 2008, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES : None
ABSENT: None
PUBLIC HEARING – CENTRAL QUEENSBURY QUAKER ROAD SEWER
DISTRICT EXTENSION NO. 11 – BAYBRIDGE DRIVE
OPENED
NOTICE SHOWN
PUBLICATION DATE: FEBRUARY 1, 2008
SUPERVISOR STEC-The Map, Plan and Report was approved it was submitted and the
Town Attorney and the Town Wastewater Director have had a chance to review it and it
satisfies both of their needs. With that said this is obviously Baybridge off of Bay Road.
If there is anyone that would like to comment on this public hearing just raise your hand.
JOHN SALVADOR-resident in North Queensbury. I would ask the board to give careful
consideration to a declaration of non significance with regard to environmental impacts
on this sewer district extension for the following reasons. You may recall receiving a
letter that I wrote to the Chairman of the Planning Board concerning the Schermerhorn
project. I would like to quote a couple of paragraphs out of that I would like to read into
your record a couple of paragraphs out of that letter as it pertains also to this project. As
you know untreated wastewater from the Queensbury Sewer District No. 1 flows directly
into the Glens Falls City combined sewage storm water collection system. Most of this
combined flow is processed for treatment in the Glens Falls Sewage Treatment Plant
before the treated effluent is discharge to the Hudson River in accordance with the
provisions of a DEC SPEEDES Permit. During periods of unusual storm events and
rapid snow melt the combined flow containing raw sewage from the Town of
Queensbury must be shunted directly to the Hudson River. Any increase in the
concentration of raw sewage in the Glens Falls Sewer System, which is very likely to
reach the Hudson River constituents a negative environmental impact. That is what we
are dealing with here this project will deliver raw sewage to the Glens Falls combined
sewage collection system. I have here the EPA’s Draft Environmental Impact Statement
on the Glens Falls Sewage Treatment Plant to which we are tied into. I would like to
read a couple of paragraphs from that involving the issue of diversion or a bypass of any
discharge from the treatment works by the permitee is prohibited except where
unavoidable to prevent lose of life or severe property damage or where excessive storm
drainage or runoff would damage any facilities necessary for compliance with the terms
and conditions of this permit. The permitee shall notify the Regional Administrator in
writing within seventy two hours of each diversion or bypass in accordance with the
procedures specified above for reporting noncompliance. Further the permitee shall take
all reasonable steps to minimize any adverse impact to navigable waters resulting from
noncompliance with any effluent limitation specified in this permit. The permitee shall
provide notice to the Regional Administrator of the following. Any new introduction of
pollutants into such treatment works from a source which would be a new source as
defined in Sections 306 of the Act if such source were discharging pollutants. I think the
addition the creation of a sewer extension qualifies to be reported there. Any new
introduction of pollutants which exceeds ten thousand gallons on any one day into such
treatment works from a source which would be subject to Section 301 of the Act if such
source were discharging pollutants. Any substantial change in volume or character of
pollutants being introduced into such treatment works by a source introducing pollutants
into such works at a time of issuance of the permit. Under no circumstances shall the
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 413
permitee that is the (City of Glens Falls) allow introduction of the following waste into
the waste treatment system. Waste, which create a fire or explosion hazard in the
treatment works. Frequently there are automobile accidents on the streets of Glens Falls
and they wash down hydro carbon products where do they go they go down their
combine sewer they wind up at the wastewater treatment plant. Waste which will cause
corrosive structural damage to the treatment works solid or viscid substances in amounts
which cause obstructions to the flow in sewers and interfere with proper operation of
treatment works. Now this project we are talking about I believe they are professional
office buildings we don’t know what kind of professions are going to be undertaking their
work in these buildings and what their discharge is going to be. They could be in
violation of the city’s discharge permit. In any case the City can incur substantial fines if
they are in violation of this permit. This permit was issued to the City of Glens Falls by
the EPA because at the time the DEC didn’t have its SPEEDES Permit Program in place.
But because DEC put its SPEEDES Permit Program in place now they pick up in the
enforcement of this it is up to the DEC. I just wonder how thorough and accurate this is
are we preventing pollution to a navigable water way or are we going to increase it. I
think serious thought should be given to this declaration of non significance. Thank you.
DOUG AUER, 16 OAKWOOD DRIVE-I just heard Mr. Salvador say something I just
want to get a verification on. Is it correct when he said that there is a prohibition of ten
thousand gallons or more of something other than sewage wastewater entering the
system. In other words rainwater am I correct in hearing him correctly I was trying to
listen carefully as to what he was saying.
COUNCILMAN STROUGH-Well, I think, I know what you are getting at Doug.
According to the new MS4 standards municipalities like Queensbury where the storm
water and sewer is already separate they have to remain separate they couldn’t combine.
MR. AUER-That’s correct.
COUNCILMAN STROUGH-In older municipalities like Glens Falls they may have parts
of their system still combining storm water and sewer.
MR. AUER-I got ya.
COUNCILMAN STROUGH-And eventually they are going to have to separate that, but
I don’t know…
MR. AUER-Okay. So that is where that number comes in having to do with older
systems they give you some leeway is that it?
COUNCILMAN STROUGH-Yeah.
MR. AUER-Okay. Dan if you remember Bob Vollaro and I had a meeting with you at
ACC.
SUPERVISOR STEC-I actually remember that meeting.
MR. AUER-You do remember. Do you remember what some of the information was
provided to you was?
SUPERVISOR STEC-I remember that you expressed concern that there was infiltration
of groundwater or rainwater into leeks into the system.
MR. AUER-Yeah, to the tune of ninety thousand gallons.
SUPERVISOR STEC-I don’t remember the number, but I remember the conversation.
MR. AUER-During a rain event, which is triple what the normal Meadowbrook Road
sewage transmission is. I also got data from National Weather Service of rain over the
Warren County Airport. I don’t think there is too much difference in the amount rain that
falls in the airport verses what falls at Hiland.
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 414
SUPERVISOR STEC-Probably not.
MR. AUER-But, the fact of the matter is there is four times the amount of water that is
transmitted to Glens Falls Wastewater Treatment Plant during rain events and spring melt
than normal, four times. That is bigger than the average home swimming pool by quite a
bit. One of things that we talked to you about was would this be looked into and I guess it
never got looked into.
SUPERVISOR STEC-I can tell you that Mike has a program where he does routinely go
through I don’t know if he has done Meadowbrook or not, but he does analyze them with
cameras and what not.
MR. AUER-Okay. He has determined that there are no leeks in the pipe, correct?
SUPERVISOR STEC-I wouldn’t say that I am not going to speak for him.
COUNCILMAN STROUGH-I think Mike is aware of the problem on Meadowbrook.
MR. AUER-The point is that this is obviously coming from sump pumps that are
discharging into the sewer now here is my concern with this. This is more make work for
people, okay. When we talk about government and excessives in government why are we
paying to pump rain water to Glens Falls? I see Tim nodding very good Tim that’s good.
COUNCILMAN BREWER-I couldn’t agree more.
Mr. AUER-This is a problem that Dan Stec has known about for five years.
SUPERVISOR STEC-Mr. Auer can you please try to stay one, civil and two on topic.
MR. AUER-I am very much civil. We are talking about accountability that is what we
are talking about.
SUPERVISOR STEC-We are talking about a public hearing on a sewer district
extension.
MR. AUER-We are talking about district after district, which I am not adverse too I think
they are wonderful things, but they are for sewer not rainwater.
SUPERVISOR STEC-And we have a department that is taking care of that Mr. Auer.
MR. AUER-Apparently they are not.
SUPERVISOR STEC-Says you.
MR. AUER-Well then I will have to foil that again and I will do the same analysis and I
will be back here with that along with the laundry list of a million other things that are
failure of government.
SUPERVISOR STEC-That’s fine. Is there anything else tonight Mr. Auer?
MR. AUER-Oh, there will be absolutely.
SUPERVISOR STEC-All right good have a seat.
MR. AUER-Okay.
SUPERVISOR STEC-Is there anyone else that would like to address the board on this
public hearing with that said I will close the public hearing entertain any discussion. We
do have two resolution one for SEQRA Negative Declaration, which Stu is prepared to
walk the Town Board through.
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 415
PUBLIC HEARING CLOSED
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
NO
FULL EAF.
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
NO
AGENCY.
ANY
C.COULD ACTION RESULT IN 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 pattern, solid waste production or disposal. Potential for erosion,
NO
drainage or flooding problems? Explain briefly.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural
NO
resources or community or neighborhood character? Explain briefly.
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or
NO
threatened or endangered species? Explain briefly.
C4. A community’s existing plans or goals as officially adopted, or a change in
NO
use or intensity of use of land, or other natural resources? Explain briefly.
C5. Growth, subsequent development, or related activities likely to be induced by
NO
the proposed action? Explain briefly.
C6. Long term, short term, cumulative, or other effects not identified in C1-C5?
NO
Explain briefly.
C7. Other impacts (including changes in use of either quantity or type of energy?
NO
Explain briefly.
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
. NO
BRIEFLY
RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-
SIGNIFICANCE REGARDING CENTRAL QUEENSBURY QUAKER
ROAD SEWER DISTRICT EXTENSION NO. 11 – BAYBRIDGE
DRIVE
RESOLUTION NO.: 130, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 416
WHEREAS, the Queensbury Town Board wishes to establish an extension to the
Central Queensbury Quaker Road Sewer District to be known as Central Queensbury
Quaker Road Sewer District Extension No. 11 – Baybridge Drive, and
WHEREAS, the Town Board is duly qualified to act as lead agency and accepts lead
agency status for compliance with the State Environmental Quality Review Act (SEQRA)
which requires environmental review of certain actions undertaken by local governments,
and
WHEREAS, the proposed action is an unlisted action in accordance with the rules
and regulations of SEQRA,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, after considering the proposed
action, reviewing the Short Environmental Assessment Form and thoroughly analyzing the
action for potential environmental concerns, determines that the action will not have a
significant effect on the environment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town
Supervisor to complete the Short Environmental Assessment Form by checking the box
indicating that the proposed action will not result in any significant adverse impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves of a Negative Declaration and
authorizes and directs the Town Clerk's Office to file any necessary documents in
accordance with the provisions of the general regulations of the Department of
Environmental Conservation.
th
Duly adopted this 11 day of February, 2008, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION APPROVING CENTRAL QUEENSBURY QUAKER
ROAD SEWER DISTRICT EXTENSION NO. 11 – BAYBRIDGE DRIVE
RESOLUTION NO. 131, 2008
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 417
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to establish an extension to the
Central Queensbury Quaker Road Sewer District to be known as Central Queensbury
Quaker Road Sewer District Extension No. 11 – Baybridge Drive, and
WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin Engineers,
PLLC, engineers licensed by the State of New York, regarding the proposed Sewer District
Extension to be installed along the western side of Bay Road to serve a professional office
subdivision called the Fairfield Professional Offices and to include tax map parcel no’s:
296.15-1-2 and 296.15-1-28 as more specifically set forth and described in the Map, Plan
and Report, and
th
WHEREAS, on January 28, 2008 subsequent to the filing and acceptance 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 Sewer District Extension; (b)
the proposed improvements; (c) the fact that all costs of the improvements will be paid for
by the Developer and not the Town of Queensbury; (d) the estimated cost of hook-up fees
(if any) and the cost of the Sewer District Extension to the typical property and the typical
one or two family home (if not the typical property); (e) the proposed method of financing to
be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file
in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed
Sewer District Extension; (h) that all the expenses of the District, including all extensions
heretofore or hereafter established, shall be a charge against the entire area of the District as
extended; 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 hook-up fees (if any) and the cost of the Sewer 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 Extension was duly
th
held on Monday, February 11, 2008 and the Town Board has considered the evidence
given together with other information, and
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 418
WHEREAS, the Town Board has considered the establishment of the Sewer District
Extension in accordance with the provisions of the State Environmental Quality Review Act
and has adopted a Negative Declaration concerning environmental impacts, and
WHEREAS, the Town Board wishes to establish the proposed Sewer District
Extension as detailed in the Map, Plan and Report in accordance with Town Law, Article
12A and consolidate the Extension with the Central Queensbury Quaker Road Sewer
District in accordance with Town Law §206A,
NOW, THEREFORE, BE IT
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 property and property owners within the District Extension are benefited;
3.All property and property owners benefited are included within the limits of
the District Extension;
4.It is in the public interest to establish, authorize, and approve the Central
Queensbury Quaker Road Sewer District Extension No. 11 – Baybridge Drive to the
existing Central Queensbury Quaker Road Sewer District as described in the Map, Plan and
Report on file with the Queensbury Town Clerk;
5.In accordance with New York State Town Law §206A, it is in the public
interest to assess all expenses of the District, including all extensions heretofore or hereafter
established, as a charge against the entire area of the District as extended; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the
Central Queensbury Quaker Road Sewer District Extension No.: 11 – Baybridge Drive in
accordance with the boundaries and descriptions set forth in the previously described Map,
Plan and Report and construction of the improvements may proceed and service provided
subject to the following;
1.The obtaining of any necessary permits or approvals from the New York
State Department of Health;
2.The obtaining of any necessary permits or approvals from the New York
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 419
State Department of Environmental Conservation;
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 the manner
provided by the provisions of New York State Town Law Articles 7 and 12A 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 shall distribute a supply to any
person requesting such petition, and if no such petition is filed within 30 days, to file a
certificate to that effect in the Office of the County Clerk.
th
Duly adopted this 11 day of February, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
PUBLIC HEARING – LOCAL LAW OF 2008 TO AMEND QUEENSBURY
TOWN CODE CHAPTER 179 “ZONING” TO REVISE PARKING
REQUIREMENTS
NOTICE SHOWN
PUBLICATION DATE: FEBRUARY 1, 2008
POWER POINT PRESENTATIONS BY SUPERVISOR STEC AND
COUNCILMAN STROUGH COPIES ON FILE IN MINUTES FOR THIS
MEETING
OPENED
JUDITH DELONG INDICICCO, 532 RIDGE ROAD, QUEENSBURY-I find a lot of
suspicion in many things that have happened recently. It is amazing how fast this
proposition has moved. There is one person on this board that I trust that is over seeing
every part of our wishes as the people who have elected the officials. We don’t want
more parking we want green space let’s approach this in a proper way. Dan it would be
really nice if you would pretend to listen to the people who are talking to you instead of
playing with papers and walking away. Thank you very much. Oh, John what meds are
you on that is a rude statement that you made to John.
SUPERVISOR STEC-Ladies and Gentlemen we are going to maintain decorum in this
room. Ladies and Gentlemen let’s be Ladies and Gentleman.
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 420
ATTORNEY JOHN LAPPER-54 GRAND VIEW DRIVE, QUEENSBURY-I am a land
use Attorney living in Queensbury I am here on behalf of Rich Schermerhorn. I also
represented seven of the ten parking variances applications in the last two years that we
have been talking about. That included Angio Dynamics, Adirondack Cardiology,
Tribune Media, and Travelers. It is apparent from that list that these numerous variances
are very different businesses so obviously there is some problem with the code if all these
different businesses need to seek variances. These are also important employers in the
community and employers that we should want to encourage just like certainly we should
want to encourage Travelers and I think most other communities would want to
encourage Travelers because that is an important business and very good jobs. Dan’s
power point talked about the standards being reduced by half I think that is what created
the problem. It is not to say that it can’t be addressed with the Zoning Board because
obviously the Zoning Board has granted most of these variances. The problem is when
you go to the Zoning Board constantly with the same variance request the Zoning Board
notices that there is a problem with the code. If there are so many then it shouldn’t be a
Zoning Board issue it should be addressed in the code. In terms of attracting employers
obviously they need to have parking standards that was the main thing with the Travelers
that they have to have one space per employee, which is not unreasonable it is not
creating sprawl it is just allowing them to locate in the Town. I have seen PORC
Committee minutes where Councilman Strough recommended increasing parking in the
office zone when it was unfortunately the Travelers proposal across the street from land
that he owns he opposed it, but he was objective when he was on the PORC Committee.
In terms of Councilman Strough comments. The Professional Office Zone is the title of
the zone, but there are many other uses that are permitted in that zone including general
office. There is no definition and there is no term in the code that ever talks about
commercial office that is something that he is discussing, but that is not in the
Queensbury Zoning Code, but municipal buildings and medical buildings, cemeteries,
and schools all sort of uses are in the professional office zone. Maybe what you need to
do is change the name of the zone, but not change the uses. In terms of the transition of
that zone and we are not here to talk about that zone, but that is their own purpose
because it is not commercial it is not like having a Wal-Mart or a restaurant next to a
residence it is a quite use it doesn’t produce a lot of noise it doesn’t produce a lot of trash.
This use compared to even a medical use wouldn’t have a lot of cars medical use has a lot
of people coming and going. In terms of this whole debate I mean I am here talking about
not just one project, but in terms of the code because this has been very common and it
ought to be addressed so it doesn’t become a problem or a debate in the future. What we
proposed for Travelers wasn’t sprawl it was an appropriate use under the Zoning Code all
we ever asked for was to have the Ordinance properly applied. Thank you.
TODD SHINKES, ARCC-You know our region economy continues to show relative
strength when compared to the Nation. The Town of Queensbury is a key contributor to
our relative strength attracting both businesses and the skilled talent that local companies
around here need to succeed, grow, and thrive. You in the Town are in an enviable
position leaders in our region a position where your location gives you both opportunities
and responsibilities. Your success means that you can and should enact more stringent
requirements to protect the community’s quality of life. The challenge is always how to
do that and yet to be fair. To be fair you can set high standards, but work to make rulings
perhaps a little more efficiently a little more quickly. If nine out of ten applicants for a
variance receive it, it makes sense to see if you can reduce the bureaucracy the red tape
and the excessively long meetings that now categorize the public hearings in most cases
before the Town Board the Zoning Board and the Planning Board. No one wants to feel
like they are simply going through the bureaucratic motions parading before a series of
boards when a less time consuming process can in fact lead to the same exact result. I
noted in the change that you are suggesting that it starts and ends that paragraph does,
starts and ends with if approved by the Planning Board. All of the performance
requirements all of the quality of life initiatives that you are looking to protect would be
preserved under this by the Planning Board there is still over site. Clearly the Planning
Board takes their job very seriously whether or not you and I all agree with their
decisions. We are really all in this together the region is counting on the Town of
Queensbury to do what it can to help our economy to succeed, grow, and thrive and to
expand economic opportunity without harming the community. What we like to see is
for the Town to continue to be progressive, but progressive doesn’t mean that you need to
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 421
be excessive. In this case the one single benefit that I see the most in moving forward
with this is you will still give the power and the authority and the reasonableness to make
good common sense decisions for the Town, but you eliminate the opportunity or the
need for applicants those nine of ten that we talked about to have to also go before the
Zoning Board. It just makes sense if you are going to unlimitedly get to those decisions
and the Planning Board is capable of making good decent rulings let them do their job
take the bureaucracy out of the way and let’s make sure that we are progressive, but not
excessive. Thank you very much.
DAN VALENTE, 50 COUNTRY CLUB ROAD, QUEENSBURY-What that last
gentlemen just said really was exactly what I wanted to reiterate and say really you need
to I think lean on your Planning Board there is no clear-cut case here every facility has
different needs. Kmart obviously you don’t know what is coming in everyday to Kmart
that is a big question mark during the holidays obviously they need more space. An office
building such as what is being proposed they know what their needs are. I know there is
not a developer out there that wants to put in any extra parking spaces than they need
obviously it is going to cost more money to do that. Have it take case by case there is
not a clear-cut answer to this everybody wants this community to be nice the way it is. I
don’t think Rich is proposing a commercial walking building I haven’t seen that proposal
I am assuming it is similar to what is on Bay Road, I know he is willing to work. I am
not for or against any particular thing here, John you made some very valid points
obviously with some of the scenarios we have. It goes back to infrastructure as far as
putting these projects in a proper location. If the Town is willing to invest in the sewer
districts and the infrastructure to put these buildings in the proper places such as the Exit
18 corridor off the exit there, which is a nice place for that then we may not have this
scenario. If you want to form a new zoning or new category for these types of buildings
then that is something you have to address, but I don’t think you should also hold up a
developer and his property rights at this stage to do that I don’t think it is fair as a
developer. Really, I think you have to lean on your Planning Board a little bit more and
give them a little more leeway and trust what they do. We have a beautiful Town I think
it will continue to be that way. Thank you.
JOAN ROBERTSON, CLEVERDALE-I have been a citizen of Queensbury for fifty
years so I have been here longer than some of you. I am opposed to the proposal for as I
call open season so to speak on expansion of parking lots. I remember reading the
newspaper the comment that it is a time consuming practice of reviewing each variance it
is burdensome. I think the public is better served in spending this time rather than having
automatic excessive parking, blacktop permitted for all projects. I am familiar with the
Big Cedar Swap area, which is in consideration for development I was involved twenty
years ago with Mr. Laakso’s extensive development plan. I don’t know how many of
you remember that but it was going to be a couple of golf courses, hotels, and a bunch of
condos, and a whole bunch of houses totally eliminate Big Cedar Swap. It is a wetland it
is a prime wetland with cedar trees and stuff. We did an extensive vegetative survey
there as well as birds and animals we have the documentation on this in our files.
Wetlands are determined by the vegetation as well as the water table as I said this is an
extensive wetland including much of the flood plain of Halfway Brook. If there is a
dramatic increase in paving the water will just be pushed elsewhere and become another
neighborhoods problem. I think some of you must remember when they would have the
flooding down in that underpass on Warren Street where the railroad is that was water
that as pushed down there. It isn’t allowed to go into the soil naturally it is just pushed
around and it goes to the easiest place which is not always the best place. Semi
permeable parking lots should be required as well as minimum needs rather than
maximum. You don’t have to have blacktop you can have a little paver blocks with
spaces in-between. When I was in Japan with the Sister Cities I saw these parking lots
and they really work. Now, I don’t know why we couldn’t use some of those in the
places that have so much wetlands. The parking lot size should be specifically designed
for a specific project in a specific plot of land. I don’t think it should be automatic I am
much more concerned with future building as well as the increases in the present parking
areas. Just to say, okay put in a building you can have this much even you don’t need it,
but you might need it sometime that is not the way to do it. I have been working with
DEC and Audubon and I think it is the Sierra Club. We have extensive information
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 422
about Big Cedar Swap that is available if you want it. I hope that you will consider not
paving over paradise.
RICHARD LINKE, GURNEY LANE ROAD-I have been here for about forty years.
Thank you John Strough for a very intelligent presentation there I think that this parking
resolution is not very intelligent at all. I am sure that nothing I say tonight will have any
effect on a board’s intent on corruption. I hate to see the Town of Queensbury being
viewed as a lawless backwoods frontier town that is what this appears to be. I would also
like to say that if Mr. Stec has any hopes of future political life in Warren County or
Albany that his campaign of bully tactics will certainly come back to haunt him.
SUPERVISOR STEC-Mr. Linke please let’s focus on the matter at hand.
MR. LINKE-The people of Queensbury will not forget such shameful behavior. It is
very unfortunate that many Queensbury Citizens feel that the Town Boards rush to
introduce and pass this parking amendment was primarily intended to help good old boy
Rich Schermerhorn and his battle with the ZBA and Planning Board for an eighty eight
percent increase in parking relief for the Gurney Lane project. This amendment is very
unusual in almost every way. It has the appearance as a corrupt system trying to bypass
current Town Law by writing a new one. The Queensbury Board’s rush to request the
special meeting at the Warren County Planning Office was also highly suspect. On last
Thursday evening the Queensbury Planning Board voted to effectively put a hold on this
Schermerhorn process. According to State Law until the final EIS is done no agency can
act on any item that affects any part of the Schermerhorn process. If this board doesn’t
want to wait until that is done that will be unlawful segmentation of the SEQRA process.
You will probably argue that while this new amendment for the Town Zoning Code is
unrelated, but obviously they are. Schermerhorn’s project would benefit directly from
this resolution passing. Supervisor Stec admits this resolution will affect Schermerhorn’s
project in his comments in the Chronicle last Thursday. If the board wants to move
forward on this amendment in the near future it really needs to stipulate that this
resolution does not and will not apply in a retroactive fashion to the Schermerhorn’s West
Mountain Road process or the board could just simply drop the whole piece about being
retroactive that’s the bad part that’s the part that really doesn’t smell very good. By
removing any benefit to Schermerhorn the board would be able to move forward in
getting these laws and getting these things changed not in trying to bypass the Town
laws, but change….
SUPERVISOR STEC-Thank you Mr. Linke.
IRWIN REHM, BELL MOUNTAIN ROAD, QUEENSBURY-I would like to also thank
John Strough for an outstanding presentation I am really glad to see that somebody is
giving a hard look at the quality of life for the members of the Town of Queensbury.
What really concerns me is that John Strough seems now with the direction the Town
Board is headed in to be alone in that point of view what a shame.
WILLIAM SHAW-CHESTNUT RIDGE ROAD, QUEENSBURY-I am a retired Earth
Scientist and I thought I would take a minute or two to talk about science here science in
respect to parking lots. There has been some talk about the aesthetics I won’t get into
that parking lots or pavement in general I guess is probably the bug a boo I am after here.
There are three problems in a science manner dealing with parking lots or paved areas.
One is they become heat island I think you are already familiar with the global warming
issue I won’t get into that. Cities generally have much warmer temperatures than the
surrounding countryside simply because of the heat island effect caused by buildings and
pavement. The second one on the little handout I just gave you there just a quick review
of hydrology there. Mother natures plan has precipitation coming down I put one
hundred you can put raindrops or percent or whatever you want with that. As you can see
in a normal situation and this varies with soil type and slope and stuff about twenty five
percent of your water runs off and joins the streams and lakes of the area. Eleven percent
goes down and joins the local groundwater where it gradually makes it way again to lakes
and rivers and eventually to the ocean, but that takes a long time usually a few weeks to
make that journey. Then the vast majority sixty four percent is held in what we call the
root zone, which is good because this is what supplies the soil with the moisture it needs.
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 423
It is not going to stay there because the whole ground would turn into a swap, but it
makes it way back up into the atmosphere through evaporation and transpiration. If you
take that tree away you take that grass away and you pave that over or put buildings on it
you are changing those figures considerably aren’t you. The problem becomes one of
huge amounts of runoff that have to be dealt with and how would we deal with them by
building storm sewers and collection basins at taxpayer expense to handle what Mother
Nature had some pretty good systems to handle already so that is again some basic
science here. The third issue I want to discuss on this issue is the idea of parking lots
encourages the use of cars. Cars, of course, are another major problem with the global
warmer issue. If you want to talk about a progressive community you won’t find one on
the Northway or neighbors around here. I think the nearest that I know of is Burlington,
Vermont. Burlington has recently enacted a pavement tax and they not only tax
businesses, but they tax residents as well. Some of the residents have switched to as the
lady had mentioned before ruble and there is a lot of good looking ruble it doesn’t have to
be what some people are used to the old fashion ruble that will do the same job.
JOHN SALVADOR, 37 ALEXY LANE, QUEENSBURY-This board should refrain
from tinkering with the maximum number of parking spaces allowed for each of the sixty
two different uses enumerated in Table 5 of Section 179-4-040 of the Town Zoning
Ordinance. Currently each of these sixty two different uses must provide a specified
minimum number of parking spaces tailored I assume by the application of some
experience factors to their specific use associated needs. I trust a great deal of work was
put into the formulation of Table 5. Any attempt to allow an applicant to provide a
hundred percent more parking than allowed in Table 5 without some thought as to the
need will result in the distribution of long standing basic criteria for off street parking in
this Town. The next thing that is going to happen is you are going to have a parade for
height variance so you can put in a hundred percent more parking okay and then we will
go up with the building more intense use. The effect of adoption of this local law will
remove any intended limit on the number of parking spaces if in fact such a limit is
required at all. Now it has been said here tonight parking spaces cost money they cost
money to build and they cost money to maintain no developers right mind is going to
build anymore than he needs. Why not simply eliminate Table 5 from the Zoning
Ordinance we didn’t always have it. As suggested by Mr. Shinkas let the Planning Board
do their job. There are other criteria in the parking and loading section of the ordinance
that binds the Planning Board down to make sure that the public safety and the public
utility is not overburdened by any project. The real problem with this whole thing was
touched on by Mr. Strough that is the fact that in 2002, by the way you were on the Town
Board, Mr. Brewer you were on the Town Board then.
SUPERVISOR STEC-John wasn’t just Tim and I.
COUNCILMAN STROUGH-I was on the Planning Board.
MR. SALVADOR-What you did in effect by adopting Local Law No. 1, on April 1, 2002
is to zone out commercial office buildings. They existed in the code before they were
allowable uses in the code before they were provided for. What you did is you erased it
the definition lost its meaning in the code and there was no provision anywhere in the
code for commercial office building that’s the failure and Mr. Strough has suggested that
is what we have to do.
DOUG AUER, 16 OAKWOOD DRIVE, QUEENSBURY-You are very predictable Dan.
I brought this tonight because this sits on my desk at home nobody comes in my office
it’s in my basement my beef simply is with process here. Number one I am going to talk
to the specifics of this. First of all I am no longer in Mr. Schermerhorn’s employ, but I
am in favor of this project, but that is beside the point. What I don’t like is the very
deliberate way that you are cutting people short tonight, okay. We live in a republic in
case some of you have forgotten your high school civics. You are elected officials we the
people by the First Amendment have the right to redress, okay. Now, I asked you tonight
about accountability for sewer okay you simply dismissed that and that will go off into
oblivion. I have a suggestion tonight for all of you simply abolish the Planning Board if
you feel this is that important and you have it within your power to do that.
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 424
SUPERVISOR STEC-Yes we do.
MR. AUER-Absolutely abolish the Planning Board and then you simply vote on this end
of discussion, end of discussion. You see I know you won’t do that you won’t do that
because you want to vicariously put the responsibility plausible deniability to someone
else who is not an elected official where does the buck stop here where does the buck
stop with any of you.
COUNCILMAN STROUGH-Right here.
MR. AUER-Yeah, right there. Well guess what there isn’t a one of you perhaps except
John I have major problems with John, John is the loner on my Christmas list, but that’s
another story, okay but, I respect him he will take the bullet. I don’t agree with him on
this particular issue because the law is the law as it stands. It is significantly flawed and
it should be fixed there is no question about that John is on the right track there then these
problems would go away. The problem here is that you folks hide behind this will be lost
antiquity in a couple of years. You will say I didn’t do that we didn’t vote on that it is
very clever. I watch this all the Town I have been watching Town politics here in
Queensbury for twenty years it is a joke there is no accountability here and you know
why because it’s become a money chase. The person who has nothing to do shows up and
is appointed by the committee and they get elected it is very simple, very simple. But,
the reality is and this is a very nice paying job you guys Councilman thirty thousand
dollars a year it’s not bad.
COUNCILMAN BREWER-Not thirty thousand Doug.
MR. AUER-Yeah it is close to that with wage and benefits sure it is.
COUNCILMAN BREWER-Not even close.
MR. AUER-Sure it is.
COUNCILMAN BREWER-No it isn’t.
SUPERVISOR STEC-Mr. Auer has the floor.
MR. AUER-Thank you Dan I do appreciate that.
SUPERVISOR STEC-Mr. Auer no longer has the floor.
MR. AUER-I know my time is up I will speak to that when I come back to the
microphone, but read the first amendment.
JO ANN SIGISMONDI, 168 AVIATION ROAD, QUEENSBURY-I have lived here in
Queensbury for the last seven years full time. It used to be my secondary residence we
owned it for nineteen years prior to that I had forty years in my primary residence in
Flushing Queens. I have a twelve year old great granddaughter I am hoping that I can
leave my property to my family especially my great granddaughter where I could not do
this to my house in Flushing because of very bad planning by New York City. They did
not look at the cumulative effect of what all their building and plans would do. We had
to sell our house because in a bad rainstorm in 2000 we got three and a half feet of
sewage water in our basement that did not come from my block, but came from
surrounding areas it was just not my house it was the entire block and this is happening
all over Queens. I am afraid with all of the large construction and the parking lots and
everything combined that it is going to be happening here in forty years when we look at
what is going to be happening. I hope this gets fixed and I hope the part of the
presentation by Mr. Strough on Page 28 where it says doing it the right way I hope we
look at that and I hope it gets down the right way.
NICK SIGISMONDI, 168 AVIATION ROAD, QUEENSBURY-I just have a few words
to say. I want the parking to be done the way John Strough said on Page 28 and do it the
right way I want to thank John and the board. Thank you.
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 425
RICK IRVINE, 52 VERANDA LANE, QUEENSBURY-I would just like to thank John
for a great presentation. I hope that the board would listen to him and kind of go with
some of the facts not just ram rod this thing through. I don’t see why nine variances in
four years or whatever it was is a case of having to change the law to me it seems like
that’s the way to do it. Thank you.
GEORGE LANGFORD, 40 LEHLAND DRIVE, QUEENSBURY-I just like to thank
Mr. Strough for his presentation he really hit the nail on the head the code needs fixing.
Mr. Stec suggested a parking change to which result in decisions being made in a
vacuum. Until they consider the building, location, and traffic you should not be
considering parking changes. Any variance after the proposed change would multiply the
impact. For example if you made the change of fifty percent variance to the proposed
hundred percent increase it would result in a three hundred percent change to the current
requirement. You keep saying there needs to be a balance between the environment and
economic development forward looking communities already know that when you put
environment first the quality of life increases for residents. Businesses come when their
employees can be assured of a quality place to live. Thank you.
SAMUEL BUTTO, 75 GURNEY LANE, QUEENSBURY-I have been there for about
fourteen years life long resident of the area. One thing I wanted to make notice of Dan
that you had stated there won’t be a vote tonight on this particular topic.
SUPERVISOR STEC-There can’t be.
MR. BUTTO-I also understand from periodicals that I read according to you that this was
a done deal I am hoping that is not true I am hoping that you will listen…
SUPERVISOR STEC-I don’t think I have ever been quoted as saying it is a done deal I
am not sure what you mean, though.
MR. BUTTO-Pretty close you have a unanimous vote on this before the public comment
period and I am hoping that is not the case.
SUPERVISOR STEC-That’s not true. I don’t think one I have ever said that, but more
importantly to you I don’t believe that’s true.
MR. BUTTO-Thank you, I hope not. When you initiated this resolution Mr. Stec to
dramatically expand the parking variance request to a hundred percent I know residents
of the Town have spoken to me and are concerned about the possible negative
ramification of the resolution and the unforeseen dangers that it may impose on the traffic
flow patterns. Now, if and I am speaking to you as if this is going to pass so I want you
to understand that my comments are directed towards that. The residents and should be
and must be reassured that the current members of this Town Board and its Supervisor
are concerned enough about protecting all of its residents and visitors both present and
future to conduct comprehensive traffic studies to predict how increase traffic burdens
would affect the safety of already congested areas and more importantly how it might
impede the delivery of emergency services. Why would any Town Board want to ignore
information that might protect the interest of the Town? Currently the only formal traffic
studies that are required are studies of information that the Planning Board’s have
allowed to be presented from the companies hired by the applicant. One must surely
question the objectivity of those findings paid for by the applicant in defense of his own
case and his own interests. I am asking the Town Board to assure us that we will readily
be there the Town will be there to fund studies that will be more objective they will
weigh against the issues of safety who could possible fear an independent investigation.
The magnitude of projects demands the Town’s full attention and the use of all of its
resources to proceed with caution. Mr. Stec you and Mr. Montesi I believe gave
assurances that the zoning regulations would be finished in the very near future. I think
the last time you had the Town Board Meeting that I was here anyway I believe I heard
you say that as well Mr. Montesi.
SUPERVISOR STEC-That is our hope our definition of near future, but it is a front
burner issue, yes sir.
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 426
MR. BUTTO-Since that is almost complete or in the completion stages might it be in the
best interest to table our request for variances and related resolutions until they have been
finalized I ask that you consider that in your deliberations. Thank you very much.
COUNCILMAN MONTESI-Mr. Butto your comments are good about wanting to see a
traffic study and that rest wholly with the group of people that the plan is presented to the
Planning Board. If the Planning Board felt that it was not getting what it wanted or what
the neighbors wanted then they should have asked the Town Board we want the bucks to
do this they never did.
MR. BUTTO-Absolutely.
COUNCILMAN MONTESI-On the Schermerhorn project we had three different people.
I mean, obviously we had a vested interest as you point out, but we also had the County
Board, and DOT. Now, if the Planning Board was really uncomfortable then they should
have asked for an independent study. It is not the Town Board we are not at fault on that
if they asked us then we would have provided the dollars necessary to do it.
SUPERVISOR STEC-Mr. Butto let me interrupt just for a second here on our dime here.
Just to add a little more historic perspective Councilman Montesi has been here before,
but he is new back to the Town Board. This is my ninth year on the Town Board and it
was I don’t even want to guess here a few years ago that there was a motion in that
direction when we were doing a Build out Study to do traffic study. There was talk about
it with the Planning Board they were working on it. It got set aside for a reason I don’t
honestly remember, but what I do recall from that time is as Mr. Montesi just promised
you is that the sentiment of the Town Board at the time was that we had a willingness to
spend Town money to do traffic studies on the Town’s behalf not on an applicant behalf
for the very reasons that you talked about. I think it is safe to say that this current Town
Board would honor that certainly if that is something that we want to do in the future as a
Planning Board recommendation to the Town Board, which I am sure the word will get
back to them pretty quickly we may have the request from them in the very near future. I
think that the sentiment on this board is the same as it was on the last board there is a will
to spend the money to do a study like that because there is value in it.
MR. BUTTO-Thank you.
SUPERVISOR STEC-You’re welcome.
GAIL BUTTO, 75 GURNEY LANE, QUEENSBURY-At the last meeting, which my
husband just mentioned at which I addressed this board I was assured by Mr. Stec that the
new Town Board Zoning Regulations are nearly complete and ready to be put into effect.
Logic and wisdom dictate that any resolution imposed on that process before they are
complete would apply unnecessary constraints on those writing those regulations. In the
interest of preserving the true purpose of zoning so that it may remain harmonious with
our Comprehensive Land Use Plan surely you must deem this action premature, ill timed,
and most likely counterproductive to the finalization of the new zoning regulations. It
would certainly be a disservice to all the stakeholders. It would only serve to divide us
rather than unite us to protect our common interest. Since all current or pending
applications would not have to wait that long I charge you to restrain from the dangers of
rushing the process, but instead proceed with a view in mind that variances are our best
defense against abusive of land use and inappropriate development. I look forward to the
publication of the new Town Code our community our neighborhoods and our businesses
will certainly all benefit from it. By the way according to your chart that you gave Mr.
Stec I was very interested to see that the most restrictive code was Saratoga. Saratoga’s
current development boom shows that there is no evidence that they have been hindered
in any way by that restrictive code. Councilman Strough I would like to thank you very
much I calculated you spent about four dollars and six cents for my copy of your
presentation. I assure you that I will not throw it away, but I will peruse it and share it
with others who are equally interested in Queensbury’s future. Councilman Montesi I
and several others I assure you have repeatedly repeatedly requested a traffic study. In
fact the group that I am associated with has funded a study, but we were not allowed to
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 427
present more than three minutes of time by our traffic expert we have asked for an
independent study. Why should anyone believe our study that we paid for anymore than
the applicant’s study that he paid for it really should be done by the Town you guys have
the power to take charge and make sure that we are all protected by that I really urge you
to fund such a study so we all feel safe.
COUNCILMAN MONTESI-I just want to comment on one thing that you and your
husband both commented on. That perhaps we should stop some stuff and treat the
Ordinance and not go on not take anymore applications.
MRS. BUTTO-I didn’t say that, that is incorrect.
COUNCILMAN MONTESI-Slow things down.
MRS. BUTTO-No not at all speed up the zoning process so that all the developers and all
the neighborhoods know.
COUNCILMAN MONTESI-In the process of doing that not accept anymore
applications?
MR. BUTTO-Simply finish the code right away I assume it is almost ready to go.
COUNCILMAN MONTESI-Three or four or five months of working.
MR. BUTTO-You said it was supposed to be in the very imminent future according to
Mr. Stec.
SUPERVISOR STEC-That’s months in government terms we are a few months away.
COUNCILMAN MONTESI-If you believe John Strough more than anybody else ask
him how long it would take.
SUPERVISOR STEC-It is going to be months.
COUNCILMAN STROUGH-First of all you make an excellent point. One point, I want
to further in addition to what you did is the Town Code by State Code has to reflect your
Comprehensive Land Use Plan. So if your Comprehensive Land Use Plan says that the
Town Board should make every effort to reduce parking then you should make every
effort to reduce parking because that is what the Comprehensive Land Use Plan says.
According to State Law I don’t remember which it is specifically, but it says that your
zoning should reflect your Comprehensive Land Use Plan I will dig that out if need be.
The second question is since I worked on the Zoning Code it is about ninety five percent
done and it is done in accord with our Comprehensive Land Use Plan. The
Comprehensive Land Use Plan was done first and then our Code was made to intertwine
and to mix and reflect the Comprehensive Land Use Plan what is being proposed here is
quite contrary State Law the Comprehensive Land Use Plan and common sense.
SUPERVISOR STEC-And we disagree.
MR. BUTTO-It seems to be ignoring the whole question of safety.
BOB FALLMAN, 346 GURNEY LANE-I am very much opposed to this amendment to
the Town Law because I believe it removes one of the safeguards against unbridle
development in the Town. I do not think that over site for large developments by another
agency puts an undo burden on the applicant. It is a large project that really needs a
closer look as they are the ones that are most likely to cause the most disruption to the
orderly development of our Town. Since parking allotments equals traffic particularly
attention should be paid to this aspect of the project. I don’t think I need to tell any of
you that traffic has become a serious problem in many parts of our Town. Failure to
investigate this thoroughly could cause problems that would take years and millions of
dollars to correct. I read that nine of nine projects that actually went through the ZBA
were approved this means that the current system works. The extra time required to go
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 428
through the current process is really minuscule when compared to a lifetime of a large
project once it is built there is no turning back. All of us our kids our grandkids will have
to live with the mistakes we make. Let’s give serious consideration to all projects so
your kids, your grandkids will have something other than a landscape filled with large
parking lots and traffic congestion. Our Town motto is a Good Place to Live actually
when I was on the internet site for Queensbury it said Home of Natural Beauty a Good
Place to Live. Please leave the necessary apparatus in place so future generations will be
able to say that Queensbury is a Good Place to Live. Thank you very much.
KEVIN BRENNAN, 2 ORCHARD DRIVE, QUEENSBURY-I have been a resident of
this Town for forty plus years. I have been saddened by the decline in what I call the
quality of life in this Town it seems to be getting worse. Relating to this particularly
proposal I think zoning laws should be somewhat challenging to over come. I don’t think
they should be something that are very easily bypassed. In my opinion the Planning
Board authority to increase a hundred percent is both unnecessary and excessive. I am
very disappointed that this action is being put forth and I am opposed to it. I would
propose bringing back proper zoning for commercial offices as John alluded, too. I
thought that was an excellent presentation it made a lot of sense. I think you gents should
consider the wisdom there. I am also disturbed by the timing of this I think a lot of folks
are of the opinion and I tend to agree with it that it is being proposed to overcome a
hurdle and basically shove the current project down the throats of Queensbury residents.
I will also caution the board down the road when folks wonder how this happened how
we got from where we were to where they end up they will remember these actions. Do,
I want to see Travelers pack up no, but I also think there are numerous other more
sensible locations. The Exit 18, Corridor where they do have commercial offices was
mentioned earlier I think that is an excellent alternative. The CNA Building downtown
Glens Falls has been talked about in the press that is a sensible one. Why have a great
big building like that largely empty.
COUNCILMAN METIVIER-It is full the CNA Building is one hundred percent full.
MR. BRENNAN-Okay, I stand corrected on that one it has been talked about being
empty many times before.
COUNCILMAN METIVIER-It is full.
MR. BRENNAN-Anyway why aren’t some of the other areas being explored perhaps
they are not owned by the developers that are looking to develop the current site now
anyway that is all I have to say.
MARK HOFFMAN, 32 FOX HOLLOW LANE, QUEENSBURY-Thank you to John
Strough for his excellent presentation. I won’t repeat other comments that have been
made, which I think are excellent. I was particularly impressed with the mention about
Saratoga Springs that was something that I wanted to bring up, too that they happen to
have among the more restrictive codes and yet they seem to flourishing with it. I think if
people had a choice between Clifton Park and Saratoga Springs a lot of people would go
with Saratoga Springs. A couple of things that I wanted to emphasize in terms of
pedestrians something that I have been interested in for a long time. When you have very
large seas of pavement surrounding each commercial entity it makes the distances that
have to be travels by pedestrians large. It makes it progressively less likely that they are
.
going to pedestriateIt is just not practical in terms of the time requirement to go large
distances by foot. There are some practical advantages toward moving commercial
entities closer. In terms of making a community pedestrian friendly it is nice to have
sidewalks, but having sidewalks in-between stores or other commercial entities that are
enormous distances from each other are just not going to be used. If you want a
pedestrian friendly community you have to have entities that are close enough together to
do that you have to minimize the pavement surrounding those buildings. On a number of
occasions the argument has been made that we have to choose between economics and
the environment. I would reject that and I would point out that there are a number of
economic reasons why we don’t want more parking lots. First of all as I discussed in
terms of the pedestrian friendly aspect of things I think the more we structurally create a
permanent structure community that is not friendly to pedestrians where people have to
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 429
drive cars to get around it makes it very expensive because it means you have to have
two, three, and four car families. For every member of the family that has a job he has to
have a car so you are looking at five, ten, fifteen, twenty thousand dollars per family just
to have transportation back and forth to work that is not economically sensible. Also, if
you look at the amount of pavement that surrounds each one of these buildings that
means if we have a finite amount of commercial space available for business and eighty
percent of it is spent housing cars is that really an efficient use of our commercial
property I would question whether that makes economic sense. Again people take the
path of least resistance if you have less parking it encourages shared parking it
encourages public transportation, which we need to address and other things that I don’t
have time to get to. Thank you.
BETTY MONAHAN, SUNNYSIDE, QUEENSBURY-There is no doubt that the parking
requirements need reviewing and some changes made to them. The proposed amendment
is not carefully constructed nor does it contain any standards and guidelines for the
Planning Board. The same uses as stated in 179-4 can exist in many different areas of the
Town with different circumstances such as types of road, access to sewer and water,
development intensity; scenic aesthetics one glove will not fit all the different fingers of
this Town. We have heard that the number of variances requested is the overwhelming
reason we have to do this. My first question is I think the board and the resident’s need
to know the answer to this how many site plans did the Planning Board review in the
same period of time. My guess would be that the percentage of variances relative to the
site plans would not be an overwhelming percentage. Some that have been mentioned
Angio Dynamics, which is in the industrial park, Tribune Media, which we even moved a
road for a unique case. The Cardiology Office on Bay Road, which is almost as many
employees as allowed parking space and is either the HC or PO zone. Perhaps one site
coming up on Quaker Road that is also an HC zone, but is also in a very sensitive
environmental area so these are different unique cases and should be looked at
individually. The present system works and protects the community and community
standards as it is intended to do. I am going to skip part of that because I want to go to an
article I read. Mr. Hobbs who helped found one of the areas most successful businesses a
medical device company called Angio Dynamics, Inc. and he was doing a talk about the
education in this area. In it he said there are only three industries in which the United
States is the leader aero space, micro processors, and medical devices and we are losing
ground we don’t have enough scientist and engineers. As part of its on going expansion
Angio Dynamic’s officials plan to hire approximately a hundred and fifty skilled
professionals like engineers and scientists over the next few years. One of the biggest
challenges we have is where do we find these people they don’t work in the area. I be
disingenuous if I didn’t say we thought of moving to Boston because of the daunting task
of recruiting people. If we are going to help an outfit like Angio Dynamic’s recruit
professionals we need to make sure that this area stays both looking well and we do smart
growth in both industrial, commercial, residential, the infrastructure and aesthetics.
KATHY SONNABEND, 55 CEDAR COURT, QUEENSBURY-I agree with much of
what has been said tonight. My heart went out to the Sigismondi’s I am sure I butchered
their name. I know how disheartening it would be to have that happen to me and I know
already in Queensbury we have had quite a few cases of severe flooding. Part of
Queensbury is on a hundred year plain so we have to keep this in mind when we talk
about paving over more of our land. I think what Burlington is doing is wonderful I know
from traveling in Europe that they do a lot with semi-permeable parking, which could
help in that effect. I agree that the environment needs to come first because if it does we
are going to be a good place to live we are going to attract people just like Saratoga does.
We don’t have to make it easy for developers to put whatever they want in these limits
help us avoid having the excessive proposals put forth. If those proposals make sense I
think the variance process has been working very well. I agree with John Strough that
what we need to do instead of doing a blanket hundred percent increase across the board
we need to look at the building use and figure out what really make sense. If there is too
much retail space, which I agree even Wal-Mart I have never been there when there
hasn’t been at least some parking space available even at Christmas time and they asked
for a reduction a variance below the minimum in that case a reduction does make sense. I
am not an expert, but it sounds good that commercial buildings do need more parking,
but I agree completely that the commercial buildings need to be in a place that is
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 430
appropriate for them. Professional office the smaller dentist, doctor office’s that look
more residential are much better transition between residential and more commercial
areas so we do need to be careful about where we place those commercial buildings. I
agree also that we should wait for the new code to come out rather than keep making
little changes before the process has been completed. I hope that we continue to allow
the Planning Board and Zoning Board to do their jobs unfortunately they have become
rather politicized. I was very upset to learn that Link Cathers request for consideration
was ignored Dan recently.
SUPERVISOR STEC-Ms. Sonnabend I will interrupt you and we won’t hold this against
your time. To this date I still have not received a request from Mr. Cathers.
MS. SONNABEND-I think that is disingenuous Dan.
SUPERVISOR STEC-That is the gospel truth.
-
MICHAEL WILD, 11 BLACKBERRY LANE, QUEENSBURYI guess I am last on the
list so I will try to be as brief as I can. My comments aren’t directly related to this
specific variance what it is related to is the process. I was involved with Mr. Strough
very active in terms of creating the new Master Plan in writing the new zones, zoning
laws to reflect the Master Plan. There is a thing called unintended consequences and I
think one of the things that we are seeing today and discussing today is the unintended
consequences of rushing to judgment for a new law a new zoning law, a definition there
are unintended consequences that are a real problem. My concern is that we are glossing
over some of the issues here. It is really a major concern of mine that the public it is
great that the public has come out to voice their concerns, but do we really understand
what has transpired through this process. What has transpired is that we have had a large
business in Town with a twenty million dollar payroll that was looking for a place to go.
Instead of our Town Board and Planning Board say let’s make a deal and find a solution
we ended up with six month of delays and uncertainties with that organization not
defining whether they were going to stay or leave. Today there was an announcement
that Tribune has decided to sign a contract with the building in Glens Falls, but we don’t
know if all the jobs are going to stay half the jobs may leave the area it is still uncertain
so we don’t know for sure. My issue is that we are playing Russian roulette with the
region’s economy and twenty million dollars four hundred jobs, four hundred fifty jobs is
a big thing. I understand the residents behind me have their concerns about this parcel
John, Mr. Strough has articulated that very clearly. We should be out saying to business
let’s make a deal let’s find a way to make this solution happen. I also have a problem
John I love your passion we sat next to each other we talked about the zoning all the time.
One that that is missing and I am going to quote from the Master Plan that tends to get
overlooked when everybody talks about what the Master Plan says. There is an element
here that says and I quote” we endeavor to balance the needs of our growing community
with local and regional economic development activities which can support our Town
wide goals.” It is important to understand that is not just the environment it is not just the
open space it is the balance between the two. If this employer leaves Town it is going to
be more than these residents in the local area that are going to be impacted. There could
be hundred of jobs that are lost and multitude of houses that all of a sudden go up on the
market. Now everyone’s housing values drop because there is no industry to support
these people to live here. Now, I have been here for twenty four years through my good
fortune and lack of fortune from my economic standpoint I have chosen to stay here. My
passion is like John’s I would like to see the community be the best it possibly can. Let’s
take the politics out of this let’s work on creating an environment that works best for the
citizens the neighborhoods and business let’s not forget the business. Thank you.
SUPERVISOR STEC-Thank you Mr. Wild.
COUNCILMAN STROUGH-And I agree Mike. We should be going in the right
direction and the new zoning and the Comprehensive Land Use Plan in Part B, which has
been collecting dusk for a year should give more direction. Once they give the direction
we wouldn’t be putting developers and our economic development people into these very
precarious situations because it would be more clear to them where this community
stands on these issues. We should be willing to work with Warren County Economic
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 431
Development Corporations and Richard Schermerhorn and sit down and take a look at
the zoning map and say here, here, here. This is what the community says will fit. This is
what the community planning experts say will fit. This is what you and I we worked on
this says will fit all that has to come together.
MR. WILD-I agree John and you should have had the fortitude to say to this employee
this site will or will not work. But we spent six months looking for reasons and I attended
these Planning Board Meetings and there were reasons given like how much sodium
chloride is going to run off into Rush Pond….
SUPERVISOR STEC-We are off topic on that one and your time is up. Thanks Mr.
Wild. Okay that is everyone who signed our sign in sheet I don’t think I saw anyone
come in since we started so I think we covered everyone. As, I said earlier we are not
going to act on this tonight we can’t lawfully act on it tonight. The Town Board will
consider what everyone said I am sure there will be a dialogue we will either act on this
or we won’t act on it, but we won’t be acting on it in the month of February. I will close
the public hearing and we will move on with the rest of the evening’s agenda. I will give
everybody a couple of minutes because I know there is going to be an exodus here.
NO ACTION TAKEN
PUBLIC HEARING CLOSED
BRIEF RECESS TAKEN
II. PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT – 3
MINUTES)
JOHN SALVADOR-Spoke regarding resolution 3.4 and 3.5 Resolution Authorizing
Agreement with David J. Decker P.E. & Associates for Provision of Year 2008 Program
and Project Management Services Related to “Lake George – Plan for the Future Grant
Funding and Execution of Agreement with New York State and Establishing
Appropriations and Estimated Revenues for Grant Funds and Resolution Authorizing
Water Quality Improvement and Nonagricultural Nonpoint Source Projects Pursuant to
Bond Acts Enacted in 1965, 1972, and 1996, Environmental Protection Fund and Federal
Grant Awards Available for Such Projects.
SUPERVISOR STEC-Mr. Decker will come up and make a mini presentation then if you
want to yield the floor.
MR. DECKER-Gave dialogue regarding the intent and purpose the resolutions noting the
contract is the same contract that has been authorized in the past.
MR. SALVADOR-Glad to hear that the septic maintenance district for Rockhurst is still
alive noting they will have a parade for variances requests from developers on Rockhurst
asked what they are going to do about them.
SUPERVISOR STEC-Our intent is to push forward with this.
MR. SALVADOR-Asked if it the safest way to have people on holding tanks in this district
and pump them out.
SUPERVISOR STEC-We have approved that it is a course that has been used.
MR. SALVADOR-Spoke regarding an applicant that has been before the board who has
had permits rejected who is presently on a holding tank noting they are desirous of coming
off the holding tank and putting an on site septic system in.
SUPERVISOR STEC-I haven’t heard from them in months.
MR. SALVADOR-The Town Board of Health should be prepared to hold the ground why
can’t they stay on the holding tank and get into the maintenance district.
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 432
SUPERVISOR STEC-We are going to do the right thing there.
MR. SALVADOR-Spoke regarding the Environmental Impact Statement that was prepared
in 1982 for North Queensbury.
PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke regarding resolution
3.3 Resolution Approving Revisions to Town Landfill asked why the board is doing this.
SUPERVISOR STEC-These things right now cost us more money than we are taking in we
are suppose to break even.
II. RESOLUTIONS
RESOLUTION APPOINTING GARY STILLMAN AS
DEPUTY FIRE MARSHAL ON PERMANENT BASIS
RESOLUTION NO. 132, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution No.: 480,2005 the Queensbury Town Board appointed
Gary Stillman to the full-time position of Deputy Fire Marshal on a provisional basis until
such time as Mr. Stillman passed the Civil Service exam for the position and completed a
six month probation period, and
WHEREAS, such Resolution also provided for a $2,000 annual salary increase to
Mr. Stillman upon his successful completion of the six month probation period and the
passing of all New York State Building and Fire Codes classes and the Civil Service exam
for the position, and such criteria have all been completed by Mr. Stillman, and
WHEREAS, since Mr. Stillman successfully passed the Warren County Civil
Service exam for the position, the Town Board may appoint Mr. Stillman on a permanent
basis,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Gary Stillman to
th
the position of Deputy Fire Marshal on a permanent basis effective February 12, 2008 and
Mr. Stillman’s annual salary shall accordingly increase by $2,000 to $35,037, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town
Supervisor, Fire Marshal and/or Budget Officer to complete any forms necessary to
effectuate the terms of this Resolution.
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 433
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Duly adopted this 11 day of February, 2008 by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING CONCERNING
PROPOSED PURCHASE OF TRASH COMPACTOR FROM
TOWN LANDFILL EQUIPMENT RESERVE FUND
RESOLUTION NO.: 133, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, in accordance with Resolution No.: 79,2008, the Town of Queensbury’s
Purchasing Agent duly advertised for bids for the purchase of a stationary trash compactor
to replace the aging equipment currently in operation at the Luzerne Road Transfer Station,
in accordance with bid specifications prepared by the Town’s Engineer and bid package
prepared by the Town Purchasing Agent, and
WHEREAS, the Purchasing Agent and Landfill Equipment Operator have reviewed
the submitted proposals and recommended that the Town Board award the bid to the lowest
responsible bidder, United Services GP, Inc., for an amount not to exceed $37,495.00, and
WHEREAS, the trash compactor is to be funded from the Fund’s Landfill
Equipment Reserve, and
WHEREAS, the Town Board must conduct a public hearing before approving any
purchases made from the Town’s Landfill Equipment Reserve,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury 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,
th
February 25, 2008 to hear all interested persons and take any necessary action provided by
law concerning the Town’s proposed purchase of a stationary trash compactor from
United Services GP, Inc., for an amount not to exceed $37,495.00 from the Town’s
Landfill Equipment Reserve Fund, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 434
RESOLVED, that the Town Board further authorizes and directs the Queensbury
Town Clerk to publish and post a Notice of Public Hearing concerning the proposal in the
manner provided by law.
th
Duly adopted this 11 day of February, 2008, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT :None
RESOLUTION APPROVING REVISIONS TO
TOWN LANDFILL (TRANSFER STATION) FEE SCHEDULE
RESOLUTION NO.: 134, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury has not amended the Town of Queensbury’s
Landfill (Transfer Station) fees since 2004, and
WHEREAS, for the past several years the Town of Queensbury has been
subsidizing the Transfer Station operations from the Town’s General Fund, and
WHEREAS, the Town’s Landfill Equipment Operator has reviewed the fees
presently being charged at the Town’s Transfer Stations and has recommended that the
Town Board approve revisions to the Town’s Landfill (Transfer Station) Fee Schedules
follows:
Item Current Fee Proposed New Fee
0-16 gallon trash bag $ 2.00 each $ 2.00 each (unchanged)
17-32 gallon trash bag $ 3.00 each $ 3.00 each (unchanged)
33-48 gallon trash bag $ 3.00 each $ 5.00 each
49-64 gallon trash bag $ 5.00 each $ 6.00 each
64-90 gallon trash bag $ 5.00 each $ 9.00 each
Refuse $20.00 per cubic yard $20.00 per cubic yard
(unchanged)
Mattress (Single) $ 8.00 each $ 8.00 each (unchanged)
Mattress (All other sizes) $ 8.00 each $12.00 each
Box Springs $ 8.00 each $ 8.00 each (unchanged)
Item Current Fee Proposed New Fee
Sofa $ 8.00 each $16.00
Sleeper Sofa $ 8.00 each $20.00
Large Chairs $ 8.00 each $ 8.00 each (unchanged)
Loveseat $ 8.00 each $12.00 each
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 435
Tires $3.00 each $5.00 each
Brush $10.00 per pickup, $15.00 per pickup, trailer or
trailer or station wagon station wagon
Compost $2.00 per pickup, $4.00 per pickup, trailer or
trailer or station wagon station wagon
Appliances Containing
Freon $15.00 each $20.00 each
and
WHEREAS, the Town Board concurs with the Landfill Equipment Operator’s
recommendations,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the revisions to the
Town’s Landfill (Transfer Station) Fee Schedule as delineated in the preambles of this
Resolution, and
BE IT FURTHER,
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RESOLVED, that the new fees shall take effect as of March 15, 2008, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Landfill Equipment Operator and/or Town Budget Officer to take any and all
action necessary to effectuate the new fee schedule and all terms of this Resolution.
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Duly adopted this 11 day of February, 2008 by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT:None
RESOLUTION AUTHORIZING AGREEMENT WITH DAVID J.
DECKER, P.E. & ASSOCIATES FOR PROVISION OF YEAR 2008
PROGRAM AND PROJECT MANAGEMENT SERVICES RELATED
TO “LAKE GEORGE – PLAN FOR THE FUTURE” GRANT
FUNDING AND EXECUTION OF AGREEMENT WITH NEW YORK
STATE AND ESTABLISHING APPROPRIATIONS AND
ESTIMATED REVENUES FOR GRANT FUNDS
RESOLUTION NO.: 135, 2008
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 436
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, by Resolution No.: 315,2006, the Queensbury Town Board authorized
submission of the Environmental Protection Fund Application for State Assistance
Payments – Local Waterfront Revitalization Program, Year 2006-2007 in response to New
York State’s solicitation of Financial Assistance Grant, and
WHEREAS, by Resolution No.: 351,2007, the Town Board authorized acceptance
of $500,000 in grant funding to be received from New York State for implementation of the
Environmental Protection Fund Application for State Assistance Payments – Local
Waterfront Revitalization Program, Year 2006-2007 program and authorized and directed
the Town Supervisor to execute a Grant Agreement, and
WHEREAS, such Resolution No.: 351,2007 also authorized execution of an
Agreement for Services between David J. Decker, P.E. & Associates (Decker & Associates)
and the Town of Queensbury for Decker & Associate’s provision of Year 2007 program and
project management services relating to grant funds received by the Town, and
WHEREAS, the NYS Department of State has advised that the Town of
Queensbury will again receive $500,000 in matching grant funds from New York State for
,
implementation of the Local Waterfront Revitalization Program for 2008-2009and
WHEREAS, a local “match” to the $500,000 grant awarded by the State is required,
such match to come in the form of mainly in-kind services with a small portion being
matched by voluntary cash contributions from local municipalities and/or other associations
of non-profit organizations, in this case, such contributions from nine (9) municipalities
and/or associations being in the amount of $7,000 each for a cash contribution of $63,000,
and
WHEREAS, the Town Board wishes to establish appropriations and estimated
revenues for the $500,000 grant award plus an additional $7,000 to be contributed by the
Town and $56,000 to be contributed from other municipalities and/or associations, and
WHEREAS, the Town Board wishes to also authorize a Year 2008 Agreement with
Decker & Associates for the provision of program and project management services in
connection with the Town’s grant award, and
WHEREAS, a copy of a proposed Agreement between the Town and Decker &
Associates has been presented at this meeting,
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 437
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts the $500,000 in
matching grant funding to be received from New York State for implementation of the
Environmental Protection Fund Application for State Assistance Payments – Local
Waterfront Revitalization Program, Year 2008-2009program and authorizes and directs the
Town Supervisor to execute a Grant Agreement and any other associated documentation
and take any other action necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further establishes appropriations and estimated
revenues in the amount of $563,000 ($500,000 for grant funds to be received, $7,000 in
funds to be contributed by the Town and $56,000 to be contributed from other
municipalities and/or associations), such appropriations and estimated revenues to be
recorded in accounts to be determined by the Town’s Accounting Office, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to amend the 2008 Town Budget, make any adjustments, budget amendments,
transfers or prepare any documentation necessary to establish such appropriations and
estimated revenues and effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further approves of the Agreement for Services
between David J. Decker, P.E. & Associates and the Town of Queensbury substantially in
the form presented at this meeting for the provision of program and project management
services relating to grant funds received by the Town, and
BE IT FURTHER,
RESOLVED, that the fees paid to Decker & Associates for rendering 12 months
,
worth of program management services shall be $94,750 not to include out-of-pocket
expenses, such services to paid by a temporary loan from the General Fund until such time
as the Town receives its grant funds, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 438
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to sign the Agreement and further authorizes and directs the Town Supervisor,
Town Counsel and/or Town Budget Officer to take such other and further action necessary
to effectuate the terms of this Resolution.
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Duly adopted this 11 day of February, 2008, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING WATER QUALITY IMPROVEMENT
PROJECTS AND NONAGRICULTURAL NONPOINT SOURCE
PROJECTS PURSUANT TO BOND ACTS ENACTED IN 1965, 1972
AND 1996, ENVIRONMENTAL PROTECTION FUND AND
FEDERAL GRANT AWARDS AVAILABLE FOR SUCH PROJECTS
RESOLUTION NO.: 136, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury, herein called the “Municipality”, after
thorough consideration of the various aspects of the problem and study available data, has
hereby determined that certain work, as described in its application and attachments,
herein called the “Project”, is desirable, is in the public interest, and is required in order
to implement the Project; and
WHEREAS, the attachments to the application specified the Town’s creation of
Onsite Wastewater Management Districts wherein a program will be established to
provide technical assistance and enforcement of safe and effective onsite sewage disposal
systems in the subject areas, including the identification and assessment of systems
contained therein, construction and maintenance of a data base to assist in the proper
planning and future operation of said systems, as called for as a priority action in the
Lake George – Plan for the Future
, water quality management plan for reducing the
amount of pollutants entering Lake George, and
WHEREAS, the Environmental Conservation Law (“ECL”) authorizes State
assistance to municipalities for water quality improvement projects by means of a
contract and the Municipality deems it to be in the public interest and benefit under this
law to enter into a contract therewith:
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 439
RESOLVED, by the Queensbury Town Board that the Town Supervisor or such
person’s successor in office, is the representative authorized to act in behalf of the
Municipality’s governing body in all matters related to State assistance under ECL
Articles 17,51 and 56 and/or any applicable federal grant provisions and the Town
Supervisor is also authorized to make application, execute the State Assistance Contract,
submit Project documentation, and otherwise act for the Municipality’s governing body
in all matters related to the Project and to State assistance, and
BE IT FURTHER,
RESOLVED, that:
1.the Municipality agrees that it will fund its portion of the cost of the Project and
that funds will be available to initiate the field work within twelve (12) months of
written approval of its application by the Department of Environmental
Conservation;
2.one (1) certified copy of this Resolution be prepared and sent to the Albany office
of the New York State Department of Environmental Conservation;
3.the Town Supervisor is authorized and directed to sign any documentation and
take any other action necessary to effectuate the terms of this Resolution.
4.this Resolution shall take effect immediately.
th
Duly adopted this 11 day of February, 2008, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT:None
RESOLUTION REJECTING BID FOR SALE OF OBSOLETE TRUCK
IN PARKS AND RECREATION DEPARTMENT
RESOLUTION NO. 137, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, by Resolution No.: 109,2008, the Queensbury Town Board authorized
the sale of a 2000 Dodge Ram, ¾ Ton Pick-Up Truck (112,861 miles) with an 8’ Fischer
Plow that is no longer needed by the Town Parks and Recreation Department and authorized
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 440
and directed the Town’s Purchasing Agent to publish an advertisement for bids to sell such
surplus truck and plow, and
WHEREAS, the Town’s Purchasing Agent published such advertisement for bids
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and on February 6, 2008, duly opened all received bids, and
WHEREAS, the Purchasing Agent and Parks and Recreation Director have
recommended that the Town Board reject the received bids, and
WHEREAS, the Town Board accordingly wishes to reject the bids received and
readvertise for bids,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby rejects the bids received by
the Town in connection with the sale of the truck and plow referred to in the preambles of
this Resolution and authorizes and directs the Purchasing Agent to readvertise for bids, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Purchasing Agent to open all bids, read them aloud and record the bids as is customarily
done and present the bids to the Town Board.
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Duly adopted this 11 day of February, 2008, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON
CHANGE OF ZONE FOR PROPERTY ON EAGAN ROAD
FROM LIGHT INDUSTRIAL (LI) TO
WATERFRONT RESIDENTIAL - ONE ACRE (WR-1A)
RESOLUTION NO.: 138, 2008
INTRODUCED BY : Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board is considering amending the Town Zoning
Ordinance and Map to rezone a parcel of property on Eagan Road (Tax Map Parcel No.:
308.20-1-1) from Light Industrial (LI) to Waterfront Residential – One Acre (WR-1A, and
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 441
WHEREAS, before the Town Board may amend, supplement, change, or modify its
Ordinance and Map, it must hold a public hearing in accordance with the provisions of
Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning
Laws, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on
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Monday, February 25, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay
Road, Queensbury to hear all interested parties concerning the proposed amendment to its
Zoning Ordinance and Map whereby the property bearing Tax Map Parcel No.: 308.20-
1-1 located along Eagan Drive in the Town of Queensbury would be rezoned from Light
Industrial (LI) to Waterfront Residential – One Acre (WR-1A), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s
Office to provide 10 days notice of the public hearing by publishing a Notice of Public
Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin
board, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Community
Development Department to provide the Town Clerk’s Office with a list of all property
owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may
send the Notice of Public Hearing to those property owners, and
BE IT FURTHER,
RESOLVED, that the Town Board further directs the Community Development
Department to forward the proposed zoning change to the Warren County Planning
Board for its review and comment in accordance with New York State General Municipal
Law §239-M, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s
Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of
Supervisors, Warren County Planning Board and other communities or agencies that it is
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 442
necessary to give written notice to in accordance with New York State Town Law §265, the
Town’s Zoning Regulations and the Laws of the State of New York.
th
Duly adopted this 11 day of February, 2008, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: None
RESOLUTION TO AMEND 2007 BUDGET
RESOLUTION NO.: 139, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the following Budget Amendment Requests have been duly initiated
and justified and are deemed compliant with Town operating procedures and accounting
practices by the Town Budget Officer,
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 amend the 2007 Town Budget
as follows:
General Fund From To
Code Appropriation Code Appropriation $
General Fund
001-1355-1010 Assessor Dept. Wages 001-1220-1010 Superv. Dept. Wages 680
001-1420-4130 Town Counsel Retainer 001-1410-1010 Clerk's Office Wages 2805
001-1410-4080 Legal Advertising 001-1410-1010 Clerk's Office Wages 1387
001-1620-1010 Bldg&Grnds Wages 001-1620-4110 B&G Repair/Maint 2276
001-5010-1010 Hwy Admin Wages 001-5132-4300 Hwy Electricity 4160
001-5010-1010 Hwy Admin Wages 001-5182-4305 Hwy Street Lighting 980
Highway Fund
004-5130-1010 Wages 004-5130-4410 Fuel 3500
004-5130-1010 Wages 004-9040-8040 Workers' Comp 4600
004-5130-4820 Uniforms 004-5140-4009 Tree Removal 220
004-9040-8043 First Aid 004-9040-8040 Workers' Comp 3600
004-9055-8055 Disability 004-9040-8040 Workers' Comp 900
004-9089-8089 Other Employee Benef. 004-5130-4410 Fuel 1000
EMS/Fire
005-9025-8025-4981 Service Awards 005-3410-4400-4981 Misc. Contractual 1220
005-9025-8025-4981 Service Awards 005-3410-4407-4981 Bank Charges 130
Landfill
009-9040-8043 First Aid 009-9060-8061 Health Insurance Buy out 130
S.Qby Sewer
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 443
035-9710-7010 Bond Interest 035-9901-9128 Transfer to Other Fund 2300
035-8120-4300 Electricity 035-9901-9128 Transfer to Other Fund 725
035-8120-4400 Misc. Contractual 035-9901-9128 Transfer to Other Fund 60
Water
040-9030-8030 Social Security 040-9040-8040 Workers' Comp 1100
Capital Projects
157-7110-4403 Engineering 157-7110-2899 Capital Construction 5000
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Duly adopted this 11 day of February, 2008, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING DRAINAGE EASEMENT ALONG
MICHAELS DRIVE IN QUEENSBURY
RESOLUTION NO.: 140, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury’s Town Engineer and Town Highway
Superintendent have determined that the Town of Queensbury needs a drainage easement
from Hayes & Hayes Group, LLC in the vicinity of Michael’s Drive, and
WHEREAS, this property has a site plan before the Town Planning Board and the
Planning Board has requested that Hayes & Hayes grant a Green Space Covenant to an
appropriate entity who may enforce the Green Space Covenant, and
WHEREAS, it is in the Town of Queensbury’s best interest to not have to pay for
the needed drainage easement, and
WHEREAS, the Town Board agrees that acquisition of such easement will benefit
Town residents and therefore the Town Board wishes to authorize acceptance of the
easement, and
WHEREAS, the Town Board will agree in this one situation to be the beneficiary
of a Green Space Covenant meeting the Planning Board’s requirements, and
WHEREAS, the Town Board’s acceptance of the Green Space Covenant shall not
be considered in any way to be a precedent for any future actions by the Town Board,
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 444
NOW THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts a drainage
easement from Hayes & Hayes Group, LLC as set forth in the preambles of this
Resolution in form acceptable to Town Counsel, the Town Highway Superintendent and
the Town Engineer, and
BE IT FURTHER,
RESOLVED, that the Town Board will also accept being the beneficiary of a
Green Space Covenant in form consistent with the Planning Board’s requirements and
acceptable to the Code Compliance Officer/Zoning Administrator and Town Counsel,
and
BE IT FURTHER,
RESOLVED,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Highway Superintendent, Town Engineer, Code Compliance
Officer/Zoning Administrator and/or Town Counsel to take such other and further action as
may be necessary to effectuate the terms of this Resolution.
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Duly adopted this 11 day of February, 2008 by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS –
TH
WARRANT OF FEBRUARY 11, 2008
RESOLUTION NO.: 141, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills
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presented as the Warrant with a run date of February 7, 2008 and a payment date of
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February 12, 2008,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 445
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a
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run date of February 7, 2008 and payment date of February 12, 2008 totaling
$690,435.40, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
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Duly adopted this 11 day of February, 2008, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT:None
RESOLUTION SETTING PUBLIC HEARING ON FIRE
PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND
NORTH QUEENSBURY VOLUNTEER FIRE CO., INC.
RESOLUTION NO.: 142, 2008
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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 North Queensbury Volunteer Fire Co., Inc., have
negotiated terms for a new one (1) 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 such proposed
Agreement for fire protection services,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 446
RESOLVED, that the Queensbury Town Board shall conduct a public hearing
concerning the proposed new fire protection services Agreement between the Town and the
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North Queensbury Volunteer Fire Co., Inc., on Monday, February 25, 2008 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.
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Duly adopted this 11 day of February, 2008, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
IV.CORRESPONDENCE
DEPUTY TOWN CLERK O’BRIEN-The following reports are on file in the Town
Clerks Office. Receiver of Taxes and Assessments Report for January 1, 2007-December
31, 2007 and the Supervisor’s Report for Community Development for January 2008.
V. PRIVILEGE OF THE FLOOR
PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Asked when the board will
vote on the change in parking?
rd
SUPERVISOR STEC-The earliest they can vote on it is March 3, unless the Warren
County Planning Board approves it before then.
MR. TUCKER-Questioned if all the Fire Companies and Emergency Squads have
settled?
SUPERVISOR STEC-Out the eight, four have so far, we have set a public hearing on the
fifth so we have three more still out there. We are close on South Queensbury waiting for
one more number. I don’t think that West Glens Falls Rescue or Queensbury Central are
going to be hard to pin down to a number haven’t wrapped them up yet.
MR. TUCKER-Questioned if there was anything hidden, no deals?
SUPERVISOR STEC-No.
MR. TUCKER-Mainly interested in Queensbury Central talking about paid fireman.
SUPERVISOR STEC-It is in their request thinks they realize it is not going to happen
this year, but it is not going to stop them from trying to make the point that someday this
may come to pass.
MR. TUCKER-Asked if the taxpayers paid for the new truck for the Transfer Station on
Luzerne Road or was it is surplus?
COUNCILMAN BREWER-They bought that out of their fund balance.
MR. TUCKER-Asked about the building.
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 447
COUNCILMAN BREWER-The Town paid for that.
MR. TUCKER-You put a twenty five thousand dollar price tag on it the bid was
somewhere around thirteen thousand.
COUNCILMAN BREWER-That was the steel. The total price was twenty five thousand
dollars everything complete.
MR. TUCKER-Questioned where this came from?
COUNCILMAN BREWER-It may have come out of the same fund. We had over two
million dollars in the closure fund we may have drawn some of the money from there.
MR. TUCKER-Questioned if there is any surplus in the actual operation.
COUNCILMAN BREWER-No.
MR. TUCKER-Questioned where he could get information regarding the financial
operation of the Transfer stations.
SUPERVISOR STEC-Darleen can give you a report.
COUNCILMAN BREWER-Spoke to Mr. Tucker regarding the contract with the City
noting there is no provision for a sixty forty split on any equipment they own the property
we own the equipment.
LOANNE LAASKO, OAKWOOD DRIVE, QUEENSBURY-Thanked the board for
their help in the reengineering of the transformer in her neighborhood appreciates their
guidance and involvement in this issue has regained some confidence in the process of
Town government. Thanked Bill Flaherty from National Grid for his professional time
and energy during this period. He was always ready to listen and respond to our
communications. The neighborhood is truly grateful for all the good work you have done
on our behalf.
MR. BUTTO, GURNEY LANE, QUEENSBURY-Spoke to the board regarding the
Gurney Lane and West Mountain Road property noting the opposition to the project and
the zoning of the area that it was in dispute by many of the neighborhood people.
Suggested and asked the board for their consideration that the Town negotiate with the
agents of Mr. Schermerhorn to purchase the property and get it off his rolls and give it
back to the Towns people.
PETER BROTHERS, QUEENSBURY-Spoke to the board regarding an article in the
Post Star regarding spending a million dollars or close to it for a train station in the Town
of Hadley asked why they are spending money in Saratoga County.
SUPERVISOR STEC-We haven’t decided to do anything there. There are two locations
under discussion Thurman and Hadley. Some of us myself included have the exact same
issue that you raised about why we are spending Warren County dollars on a train station
that is not in Warren County. It has been discussed off and on for several months the
direction it is headed I can tell you I don’t think the County is going to building any train
stations yet alone one in Hadley anytime soon.
MR. BROTHERS-Asked if they voted on this?
SUPERVISOR STEC-It wasn’t to move it forward I will have to get back to you with the
details.
DOUG AUER, QUEENSBURY-Asked if Hiland is in Councilman Montesi’s district.
COUNCILMAN MONTESI-Yes.
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 448
MR. AUER-Spoke regarding Hiland Park and the water issues noting the folks do not
want wet basements. Rather than pump the water out onto the lawn they pump it into the
sewer that is why we get ninety thousand gallon transient up there. What needs to
happen is what is in the statue give the sewer person the right to knock on the door to see
if those things are connected we talked about this five years ago nothing has happened
asked if Councilman Montesi would be able to do this.
COUNCILMAN MONTESI-Asked once he knocks on the door and he tells the person he
finds a sump pump what would you do next?
MR. AUER-I would say disconnect it from the sewer.
COUNCILMAN MONTESI-How do you enforce it?
MR. AUER-You come back again to look and see if they removed it.
COUNCILMAN MONTESI-And.
MR. AUER-You shut it down if you have to it is a violation of public health code.
COUNCILMAN MONTESI-This is an extremely difficult issue to address having them
take the sump pumps out.
MR. AUER-Don’t take the sump pumps out discharge it out into the lawn. We are
paying the City of Glens Falls to send them rain water noting something needs to be done
with this.
COUNCILMAN MONTESI-You are right.
MR. AUER-Spoke to the board regarding the consolidation of services asked why the
Town has a building department noting the county is very capable of doing this. Spoke
regarding the First Amendment.
MR. SALVADOR-Spoke to the board regarding pumping into the sewer lines the records
show that the Village of Lake George processes about three times their design capacity
during a rain event. Spoke regarding commercial office building and the Town Code.
Spoke regarding Judge Krogmann recusal on the library lawsuit noting they are still
waiting for this also haven’t heard the Town Attorney’s opposing our motion. Spoke
regarding an article in the newspaper entitled Complaint against Board Alternate
Examined.
SUPERVISOR STEC-That is essentially what he told the individual they are quoting me
quoting him John.
MR. SALVADOR-Spoke regarding article in the newspaper regarding pistol permits
noting there is something called Personal Privacy Protection Act noting someone is
headed for trouble this is going to lead to a lot of lawsuits.
SUPERVISOR STEC-Agrees.
VII. TOWN BOARD DISCUSSIONS
COUNCILMAN BREWER-
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Received several complaints regarding the light on Luzerne Road and the
Connector Road. It is suppose to be activated when someone comes down the
Connector Road. Asked who is in control of the light. Supervisor Stec contact
Highway Superintendent, Mike Travis
COUNCILMAN STROUGH
REGULAR TOWN BOARD MEETING 02-11-2008 MTG#7 449
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Thanked Mary Merrill and Maureen Monahan Chase at the Chapman Museum for
the help he received regarding his daughter who was looking for materials and
ideas on doing a historically hands on project for her students.
COUNCILMAN MONTESI
?
Spoke regarding the Gurney Lane and West Mountain Property noted he didn’t
say that the Town should buy the land he said the neighbors should buy the land
?
Spoke regarding the report from Dave Hatin, Director of Building and Codes
noting the total building permits issued for the month of January one million one
that includes commercial, alterations last year at this time was two million one.
Whatever is happening in the mortgage market nationally or internationally is
affecting Queensbury. Last year when it was two million one there were eight
new single family homes being built this year three.
SUPERVISOR STEC
?
Thanked TV 8 and Cool Insurance for televising the Town Board Meetings
noting they are still looking for sponsors. Noted the Town’s website
www.queenbury.net.
?
Spoke regarding the public hearing that was held noting they won’t be taking
action on that until early March, if they do.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 143, 2008
INTRODUCED BY: Mr. Ronald Montesi
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.
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Duly adopted this 11 day of February, 2008, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT:None
Respectfully Submitted,
Darleen M. Dougher
Town Clerk
Town of Queensbury