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2008-12-01 MTG. #52 REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 1 TOWN BOARD MEETING MTG. #52 December 1, 2008 RES. 546-563 7:00 P.M. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS PRESENT RYAN LASHWAY, TECHNOLOGY DEPARTMENT PRESS POST STAR TV8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI SUPERVISOR STEC- OPENED MEETING 1.0 PRIVILEGE OF THE FLOOR PLINEY TUCKER- Questioned Supervisor Stec on whether the Town has settled with the fire companies or the emergency squads? SUPERVISOR STEC- Two of the three rescue squads are in the middle of a two year contract, the third, West is up for renewal at the end of the year and all five fire companies are up at the end of the year. We haven’t met with them to resolve their contracts yet. We will probably start working on that this month. MIKE SEGAL- Spoke regarding the Bay Road Professional Office Zone. He would like to see the development along Bay Road remain a professional building corridor. Spoke of concerns regarding taxes increasing if apartment buildings are put in there. The cost to the Town over the years will increase because of the need for sewers and so forth. Questioned the Board regarding the setback requirements. SUPERVISOR STEC- This issue was discussed at a workshop and any proposed changes would not take effect until we have a public hearing and it is adopted. DOUG AUER- ? Spoke regarding the Bay Road Professional Office Zone. Stated that he felt it was unfair to do anything other than what was done in the past. ? Spoke regarding the pending sentencing of Warren County Supervisor Haskell. DON DANIELS- ? Owns property in West Glens Falls on Main Street where the new road, water and sewer lines are going. Wants the Board to consider changing Main Street to a Commercial Zone, the Town will benefit the most that area is changed. ? Spoke regarding Aviation Road and the benefit of a round-about in that area. KATHLEEN SONNABEND- ? Spoke regarding the Bay Road Professional Office Zone. It is better for our tax base not to have more residences, especially apartment buildings; we need commercial and professional office development for the future. We are running out of good developable property in this Town. ? This Macchio agreement needs to be more in the open. It is being poorly done. There has been no public hearing; there has been no discussion with affected property owners that should be REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 2 considered in this. You’re talking about having Warren County Soil and Water District involved in oversight. What happens with the Planning Board Site Review? Are you setting up a bad precedent here where the Planning Board gets eliminated from this? COUNCILMAN BREWER- There is no application before the Planning Board SUPERVISOR STEC- Ms. Sonnabend, your time is up MS. SONNABEND- The environmental impact is very severe. The smacks of political favors for someone who is a major contributor. The guy who sent out the letter that caused Montesi to win, your helping him out here. SUPERVISOR STEC- Please, professionalism. Thank you MS. SONNABEND- Please do what’s right for the citizens of Queensbury SUPERVISOR STEC- I assure you that we are MS. SONNABEND- Instead of developers and your political allies and contributors SUPERVISOR STEC- Ms. Sonnabend, please MS. SONNABEND- I don’t think that’s true SUPERVISOR STEC- I know you don’t think that’s true MS. SONNABEND- And why are you slipping this through so fast without any kind of public hearing? SUPERVISOR STEC- A public hearing is not required. This is being handled like every other case of litigation that this Town has. Like every single one MS. SONNABEND- Well, I think it’s being handled very poorly SUPERVISOR STEC- Well, that’s your opinion and you’re entitled to it MS. SONNABEND- And when you are dealing with someone whose a political ally you need to be extra careful SUPERVISOR STEC- You’re right, you do MS. SONNABEND- You need to be very open about this SUPERVISOR STEC- You absolutely do MS. SONNABEND- Nothing behind the scenes because it doesn’t look good even if you think you are doing the right thing COUNCILMAN METIVIER- What’s behind the scenes with this? SUPERVISOR STEC- I don’t know what’s behind the scenes. I know there are some people that think that there are things behind the scenes. CHRIS NAVITSKY, LAKE GEORGE WATER KEEPER- I would like to follow-up on the discussion regarding the settlement between the Town and Macchio Entities. First of all, I would like to compliment the Town for their recognition of the numerous violations which occurred up on French Mountain which is what we like to refer to as the “French Mountain Memorial Highway”. The Town of Queensbury stepped up when the Town of Lake George, the New York State Department of Environmental Conservation and the Adirondack Park Agency refused to do their jobs. Regarding the settlement, I do not have any knowledge about it. I saw this on the agenda. We do have concerns about the continued erosion which is present up there; we have questions about the roads purpose. There has been a complete disregard to the protection of water resources up there, REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 3 riparian buffers to Bear Pond itself. Trees have been cleared in Bear Pond, the buffers, they had a condition of approval in the Town of Lake George to keep thirty feet buffer, they actually drove bulldozers through the stream. They kept an eight foot grassed buffer, so I don’t think that’s acceptable. There’s a permanent notch in the ridge of French Mountain. I’m not a licensed or practicing forester, but these actions do not represent good stewardship or planning for forestry. There has never been a forest management plan filed on this property with the DEC as required to be exempt from the requirements of the clean water act which have been ignored. There are also presently presentations ongoing to the Town of Lake George Planning Board for additional access to Route 9. So, in closing, I hope that this settlement requires complete restoration for the numerous violations to the, and impacts to water resources. I also hope that a site plan review, which was terminated two and a half years ago, can be picked up and can be followed through and executed properly. Thank you COUNCILMAN MONTESI- Chris, have you gotten a copy of the settlement? MR. NAVITSKY- I did not see a copy of that, no SKIP STRANAHAN- Good evening Mr. Stec, Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Montesi. I’d like to state that I think that this settlement is a complete disgrace to the taxpayers of Queensbury. I’d like to further state that I provided evidence that the crime that was committed that was photographed at the time it was done. The people that have records from Fountain Forestry expert witnesses in a court of law, this thing is a mockery of justice. SUPERVISOR STEC- Let me interrupt you just for a second. I won’t hold your time against you. I just want to point out, since I’m not sure if you are represented by Counsel here or not. I’ve been in a few court meetings with you over the past eleven months and I think I’d recognize your counsel. You are a party to this litigation we are talking about. So, I wanted to point that out one for the record, two, I wanted to caution you in case we find ourselves talking to the judge in the future about resolving the rest of this and what involves your business with the Town of Queensbury that somebody at least reminded you that you are a party to this litigation and your not represented by counsel and everything you are saying is on the record. So with that said MR. STRANAHAN- Thank you very much Mr. Stec. During the course of my lifetime, I took my first breath here about sixty four years ago. I’ve known some great men like your father in particular. SUPERVISOR STEC- Thank you MR. STRANAHAN- In a week’s time they could have resolved the code enforcement to this issue SUPERVISOR STEC- I think you are probably right. My father is a very talented man and I thank you for pointing that out. MR. STRANAHAN- Absolutely. Owen Kane… there’s a total lack of code enforcement here. This thing is just absolutely a mockery of justice. This thing happened, there’s no remorse, there’s no recourse, and your proposed settlement offers the public absolutely nothing. There’s no fine, no accountability and I could probably set here and go on all night long. Mr. Metivier made some campaign speeches where he promised a young lady that he was going to take care of this Mountain and look after this. I’d like him to get up there and look after this. There are other things to do in the world I’m sure. I probably shouldn’t be here tonight when the court case is going on but I think that some people have to stand up like men and do their job and that’s all I’ve got to say here tonight. COUNCILMAN METIVIER- What are you looking for MR. STRANAHAN- Pardon me? COUNCILMAN METIIVIER- I’m looking for some people to get up here and do some code enforcement on this mountain. If you want to make the easel public so some people can see some of these photographs, I’ve actual time dated photographs of these gentlemen tearing up this property, tearing out trees while a stop work order is on. I could just go on forever. This is probably the biggest travesty to nature that I’ve seen in a long time, and I’ve been the nature business my entire life. REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 4 COUNCILMAN METIVIER- And this is what’s going to clean it up and it’s not good enough for you? MR. STRANAHAN- Well, I don’t think that there’s any real commitment here for one thing because Mr. Wick told me that he’s not going back on the property until there’s an end to the lawsuit. COUNCILMAN METIIVIER- Well, on your property. Don’t forget, we’re not talking about your property; we’re talking about the other side. There’s two parcels on the western slope that’s in this settlement, has nothing to do with your property at all. COUNCILMAN MONTESI- We were told that you would not allow anybody on the property to do any restoration anyway, your side SUPERVISOR STEC- And again, I’m going to counsel the Board not to discuss your side of the litigation with you. I don’t think that’s in any of our interest. As far as the settlement that’s in front of the Town Board tonight, as I do for every resolution that we vote on, I give a summary and a synopsis right at the start, before we vote on the resolution, we’ll be doing that. Just to put it out there, because apparently it may not be clear with some people, this settlement is derived from an inspection that Warren County Water and Soil did at the Courts request and at everyone’s agreement and DEC and others. They went up there and generated a list of things that needed to be done. This settlement would require that a very extensive list of remediation be performed and then it gives Dave Wick or another designee of this Town Board the authority to follow-up even after the work is completed to make sure the environmental issues, which I think is really to the heart of what Mr. Navitsky’s concerns were, that we have access to the property to enforce this even after we sign off that the work is complete. If the Town is after environmental issue to make sure that we correct the problems that were identified, this settlement does that. It gives us an awful lot of authority, an awful lot of flexibility. MR. STRANAHAN- I understand right where you’re coming from. Mr. Macchio once said that this could all have been over with a cup of coffee and it would have only took ten minutes. It seems to be dragging on for about four years. Nothing that he said seems to be doing what it is supposed to be doing, or as it happens COUNCILMAN MONTESI- He has a stop work order until we settle this SUPERVISOR STEC- And if he doesn’t follow through then he’s in violation of the settlement. MR. STRANAHAN- He was allowed by the judge to come in and fix Encon matters before and he did it when he felt like it. Now it seems like he doesn’t feel like it. I think before this thing could be, I don’t think anybody here should vote on this tonight and I think before it is accepted there should be some redress or some recourse or something done before we just accept this blanketly and ignorantly. COUNCILMAN BREWER- Have you read this agreement? MR. STRANAHAN- Yes I did COUNCILMAN BREWER- And you think there is no recourse in here at all? MR. STRANAHAN- I don’t say that, I just don’t think there’s proper recourse in there and I don’t think COUNCILMAN BREWER- What would you like us to put in there? What would satisfy you if you had your choice right now to put in there Skip, what would you say to put in there? MR. STRANAHAN- Well, I personally feel that there has to be something guaranteed in writing that it’s going to be done, not a promise, not somebody saying that Dave Wick is going to go up there COUNCILMAN BREWER- Well isn’t that in there? Doesn’t it say it has to be done or he goes back to court? REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 5 SUPERVISOR STEC- That’s what this is. He has to do everything that’s listed out COUNCILMAN BREWER- He has to do everything in this contract SUPERVISOR STEC- Within a year MR. STRANAHAN- Then he should get his reprieve after it’s done, not before it’s done COUNCILMAN BREWER- What do you mean? MR. STRANAHAN- We shouldn’t be giving him a blank check today, drop this lawsuit when we know that the crimes were committed, that all this was photographed and it’s been in several papers COUNCILMAN BREWER- But you’re talking about two lawsuits. You are talking about what the Town has instigated and what you’ve instigated on your property and another person’s property. What the Town is interested in is only what we can control. We can’t control your property or the Spellberg’s property. We have no standing in that. We can do what the court allows us to do and it’s in this contract and if Mr. Macchio and the Town signs that he’s obligated to fix it by the end of 2009, if he doesn’t we go back to court. It’s as simple as that. SUPERVISOR STEC- Skip, just an answer to what Tim asked you a very direct question and you gave him a very direct answer. But the agreement says, “Upon completion of the forest road stabilization work by Macchio the Town shall vacate the notice of violation stop work order”. So, they don’t get a pass until all the work is done to our satisfaction. So, no one is giving away anything here. MR. STRANAHAN- There’s no absolutely no penalty for what they did COUNCILMAN MONTESI- If were talking about environmental damage, don’t we want to fix the environmental damage? Why do we want to hurt someone financially when we can get that money to be used to fix the environmental damage? That’s what the thrust of this whole thing is. We spent twenty seven thousand dollars already on a lawsuit. Twenty seven thousand dollars MR. STRANAHAN- That’s a good point and I’m taxpayer and I pay that much money in one year. So, I don’t think that’s very much gratitude for the citizens of Queensbury. I’m not here to be argumentative, I don’t see anything funny about this but I do think COUNCILMAN STROUGH- But I do think the agreement, or some kind of an agreement is what we ultimately got to come to. I think we are all on that page, all of us. MR. STRANAHAN- Absolutely COUNCILMAN STROUGH- But this agreement I still have some concerns and I emailed the Town Board and I promised them that I would work on it over Thanksgiving and I did. I got three pages of concerns. Just let me have an example that, yea the agreement is the right way to go and maybe this agreement with some alterations might be the right way to go, right now I’m a little bit not convinced. Again, the public input is good and so I’m wondering why we’re not having some public input on this agreement. I think that’s good. The draft agreement didn’t seem to make available to the public in a timely way. We could have done a better job there. COUNCILMAN BREWER- John, do we discuss litigation with the public. Isn’t it wiser not to discuss litigation? COUNCILMAN STROUGH- What are we going to do discuss litigation after we agree to this agreement? SUPERVISOR STEC- It was available the same way that all litigation is available COUNCILMAN STROUGH- But the agreement may not be the best agreement on behalf of the community. Let me get to some of the points that I have. In the agreement, the agreement refers attached map and exhibit A, they’re not there. Is the Town’s best interest being served when it allows REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 6 the inclusion of phrases like “the Warren County Soil and Water Conservation District will not be unreasonable”, what does that mean? SUPERVISOR STEC- John, exhibit A is attached to the back of your resolution COUNCILMAN STROUGH- Where? SUPERVISOR STEC- This is it COUNCILMAN STROUGH- No, no, go to the last page, exhibit A SUPERVISOR STEC- Exhibit A, what follows is exhibit A COUNCILMAN STROUGH- Well, the attached map, is the Town’s interest being served when we include phrases like I just mentioned. Now, it mentions to make sure that the scheduling work is done the Macchio Entities only need to be of the spirit of cooperation. What does that mean? COUNCILMAN BREWER- It also says that it has to be done by the 2009 John COUNCILMAN STROUGH- I’m just saying that it’s ambiguous. I have my concerns. I had no idea that this was going to be on tonight’s agenda for approval or not approval. When I asked on Tuesday night, Dan and the Board, I said listen I’m sorry I’ve been working on Town Code, I’ll work on this Macchio contract over Thanksgiving, I did. Dan said on Wednesday night make sure you don’t share the contract with anybody and I didn’t. So here’s my concerns, the Macchio Entities only need to address the issues according to this contract in a timely manner, not well defined. In addition to that, it says upon execution of this agreement the Town will tender stipulation of discontinuance and dismissal. Why don’t we do the stipulation and dismissal on completion of the agreement? It’s just a question. This settlement is an agreement where the Town seeks to encourage Macchio Entities to use best efforts to stabilize the forest roads on the subject property. Questions remain, it has not been established what these forest roads are to be used for. Are these roads to be used as a ….. culture, in other words logging activity as originally identified by the land owners or will other uses, vehicles and activities be allowed such as jeep rallies, ATV uses, horses, public hiking. What, I don’t know, I think it makes a difference, it does to me. Will these forest roads to be used for access for other kinds of development, if so what? I just want to know. Why do the forest roads have to be or need to be ten to twelve foot in width? Just a question, its not answered in here. Why do these roads need to have a bed of crushed stone? Logging roads need a bed of crushed stone. It’s a question; I don’t think this is being answered in my mind. COUNCILMAN MONTESI- John, that was a very specific thing from DEC and Soil and Water for stabilization of the road beds. COUNCILMAN STROUGH- Well that stabilization came up after it was graveled. MR. STRANAHAN- Ron, I’ve been in the logging business my entire life. Like I said, I took my breath of air here about sixty four years ago and I’ve been in the logging business my entire life. Show me some log roads with six inches of crushed stone cut a hundred and sixty seven feet wide in the Adirondack Park between here and Newcomb. SUPERVISOR STEC- Skip, that’s why the Town took them to court and that’s why the settlement says they have to shrink those to a width of ten to twelve feet instead of a hundred and sixty seven MR. STRANAHAN- Absolutely COUNCILMAN STROUGH- Skip, while you’re here, on the plans, road constructions details C-5 it says that a geo-textile fabric will be used. To your knowledge, was a geo-textile fabric used at all in any part of the road? MR. STRANAHAN- There’s absolutely no geo-fabric textile fabric in the road, that silt fence that’s up there has been down for the last eight months documented by Fountain Forestry, expert witness in a court of law. It’s been down the last eight months doing nothing. There’s three places where the crushed stone is running directly into the Bear Pond Brook which is against the Encon regulations of REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 7 the State of New York. There is absolutely no best management practices on the road and the water bars are non-existent. These are simple things that you do on a log road. COUNCILMAN STROUGH- And the damage SUPERVISOR STEC- And in the settlement, everything that you just said is called for in the settlement. He has to put in the water bars, he has to put in the drain structures, he has to re-seed the road bed and he can’t do it until the this gets established, that gives him permission to go do this stuff. He can’t do anything right now. MR. STRANAHAN- Okay, I have a question here Dan. Is it possible to lift a stop work order so they can work without giving them a reprieve or complete SUPERVISOR STEC- The violation doesn’t go away until the work is complete. What you’re asking for is irrelevant. The violation doesn’t get cleared until we say he’s completed the work. So we let him go in to do the work, when the work is finished then the violation can go away. MR. STRANAHAN- That and my estimation is a good first step. SUPERVISOR STEC- That’s what it says now Skip MR. STRANAHAN- And I’d like to see some concrete language, and I’d like to have seen the report before four o’clock this afternoon and somebody, my Councilman in particular, I would have like a phone call to know it was on the agenda. I run a business of this Town, I employ thirty people and I make a payroll of over fifteen thousand dollars a week, or my boys do. We know you appreciate it because you’re always looking for new business in this Town and I’m producing some real new employees, I’m not moving them up from Glens Falls. They are not the highest paid employees but they make from fifteen to twenty dollars an hour. We need new business in this Town and I’m trying to exist along with Mr. Macchio. I’m trying to coincide; I’m not there to make problems for anybody. I just don’t want more problems for me of the same. This is ridiculous what’s been going on, on that Mountain. What kind of an engineer, engineers a road and surveys it without first surveying the ground to see where he’s at. Now Doug Auer back there I believe is an engineer and you might not like the answer, but what kind of an engineer does this? SUPERVISOR STEC- And that’s why we dragged them into court two and a half years ago. MR. STRANAHAN- Well, I want to see somebody held accountable here for their actions an at least have some remorse for what they’ve done, not have somebody come in here an make a mockery out of our justice system and treat us all like we’re sheep in the pasture. SUPERVISOR STEC- Thanks Mr. Stranahan MR. STRANAHAN- Thank you and thank you for your time. COUNCILMAN METIVIER- You are aware though, that this has nothing to do with your property, you are aware of that? COUNCILMAN STROUGH- But, another question, now that the topic MR. STRANAHAN- I’m hopeful that that…. COUNCILMAN METIVIER- Let him answer the question that I just ask John, for once if you don’t mind COUNCILMAN METIVIER- Are you aware of the fact that this has nothing to do with your property MR. STRANAHAN- Well, are you talking about the trail of great deception, the road over French Mountain and I can’t understand where you are dividing this off at. Are you saying COUNCILMAN METIVIER- There’s two parcels on the western slope REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 8 MR. STRANAHAN- This isn’t going to apply to our parcels? COUNCILMAN METIVIER- No, not one bit SUPERVISOR STEC- No, this is between us and the Macchio properties COUNCILMAN MONTESI- You told the attorney and such you didn’t want anybody on your property MR. STRANAHAN- Well, I have major problems with that right of way being nineteen hundred and ninety six feet from where we granted it at and somebody wanting to redefine it and move it a half a mile SUPERVISOR STEC- That issue is between you and Macchio, that is one of the other parts of this case. Ron and I have been in these meetings with you. There is a lot more that’s being discussed in that room than our code violation issue. What Tony is pointing out is the property that went back to you last year, well it never left you, but that ruling, that is not part of this agreement. There’s two parcels owned by Macchio all the way to the west in the Town of Queensbury, those are the parcels that we’re settling on. Your property that that road is on is not part of this. That part of the case is still active. That’s why when you got started I said you are still in litigation on this very piece of litigation with the Town of Queensbury, I want to remind you that. MR. STRANAHAN- I am completely aware of what I’m doing here as far as that. I really think that there comes a time when a man has to stand up for his Town, his people and do something about actions like this. I think that everybody here should be held accountable to stand up for the people and do this type of a deed. This thing has been haywire every since day one. I had an engineer in myself; I brought two engineers in to make sure that I could confirm both their opinions. Grades of twenty percent are totally unacceptable to hold the crushed stone on in the first place. Right now there’s trees exposed for where the crushed stones washed off that are buried in the road. This, I don’t know how to say it, but it’s not a log road. He said it was for permanent access. It’s just COUNCILMAN MONTESI- But, part of the lawsuit that you’re talking about on your side, there’s a question of whether Dave Stranahan, the guy that signed the agreement originally did some of that construction work. If he did it was a Stranahan that was doing it, maybe for Macchio but that’s a question that has to be answered by the courts. All I’m saying to you is there may be some thing wrong on your side. Mr. Macchio told me personally if some of that stuff needed to be fixed on your side he would do it but you told him no, I don’t want anybody on my property. So what ever is there until that lawsuit with you and Macchio and whoever else gets settled none of that’s going to be fixed. Obviously, you’re not going to fix it. I mean you have concerns for the environment, if you see that there’s erosion, your not fixing it, I’m not sure why, but you should stand up to be counted too. MR. STRANAHAN- Let me clarify this a little bit for you Mr. Montesi. I feel you being on the case at all and being at Warren County is a direct conflict of interest because of your association with Mr. O’Connor. The lawsuit is also against him too. COUNCILMAN MONTESI- Mr. O’Connor? MR. STRANAHAN- Yes, we’ve also got a pending suit against him too. I think that you are trying to white wash us a little bit here now because the Stranahan's had no need for a road up that Mountain to remove timber. There’s a header within nine hundred feet of every tree COUNCILMAN MONTESI- Why did Dave Stranahan allow it to happen when he owned it? MR. STRANAHAN- Who said he owned it? COUNCILMAN MONTESI- That’s a question that’s in court too SUPERVISOR STEC- We’re getting off the subject of the settlement at hand and into MR. STRANAHAN- Okay, we shouldn’t be going there, you’re right SUPERVISOR STEC- I don’t think so REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 9 COUNCILMAN MONTESI- Yea, you’re right SUPERVISOR STEC- I’m trying to keep us focused MR. STRANAHAN- I will go there a little bit more on the issue of who built the road. We have photographs of who built the road; we know who made the road. The Stranahan didn’t own a track hoe at the time, or didn’t have one on the property. They didn’t have this equipment up there. There’s no truth to the statement at all that he’s trying to go to. The most that Dave Stranahan could have got his hands on would be a bucket loader from the mill yard and he had no money. Why would a man with no money build three miles of road across the mountain? Is there anybody here that could answer that for me? COUNCILMAN MONTESI- To sell it to sell it at a profit, which he did do and then the court said you can’t sell it MR. STRANAHAN- Sell it at a profit, one third of what it was worth, the assessed value COUNCILMAN BREWER- If he had nothing it, whatever he made was a profit SUPERVISOR STEC- Alright, thanks MR. STRANAHAN- Thank you Dan Stec, and thank you John and I thank you all for listening to me and Mr. Montesi this is far from a joke COUNCILMAN BREWER- Nobody’s taking it as a joke Skip MR. STRANAHAN- He’s over there chuckling away right now SUPERVISOR STEC- Well, I think you may have offended him MR. STRANAHAN- Well, I’m sorry if I did that too because I try to be very civil at all the meetings SUPERVISOR STEC- Skip, you were fair MR. STRANAHAN- Thank you, have a good night SUPERVISOR STEC- You’re welcome, you too DAVID STRAINER- My first thing is a statement for the taxpayers of the Town of Queensbury, to pay twenty seven thousand dollars for someone else who broke the law to me is quite wrong but I guess it’s the cost of doing business, as they say. My second question though is you keep saying Dave Wick’s name and Dave’s going to do this and Dave’s going to do that. Who’s going to pay for Dave Wick to go up and do this stuff? SUPERVISOR STEC- That is a service that Warren County Soil and Water provides. He is an employee of Warren County Soil and Water District. MR. STRAINER- So Warren County is going to pay for Dave Wick to go up and fix a problem that wasn’t there before. SUPERVISOR STEC- Warren County Soil and Water, Dave COUNCILMAN BREWER- He’s not going to fix it, Dave SUPERVISOR STEC- He’s not a County Employee MR. STRAINER- Yeah, but we’re paying him, this wasn’t an issue that the Town or the County had before this happened and I just don’t think it’s right that the County should foot the bill for Dave Wick to go to do this. REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 10 SUPERVISOR STEC- Well, the County and others. I’ll remind you Supervisor Strainer that Warren County Soil and Water is not a county agency. MR. STRAINER- And that was another point that I get confused on SUPERVISOR STEC- Well, it is not MR. STRAINER- I know I get confused on that one SUPERVISOR STEC- I know, a lot of people do Supervisor MR. STRAINER- It’s true, and I’m not the only one that gets confused MR. STRAINER- Questioned resolution 2.3, Resolution Setting Public Hearing on Proposed Local Law No. __ of 2008 To Amend Queensbury Town Code Chapter 155, “Taxation” To Add A New Article IV, “Exemption for Gold Star Parents” SUPERVISOR STEC- A Gold Star Parent is a parent of a service member that lost their life during active duty. JOHN BUECKING- Feels there is a high degree of partisanship here on behalf of people who are not present, namely Mr. Macchio and Mr. O’Connor. It seems as though the majority of people are for altering that extensive study that was done a couple of years ago showing that we should have a thousand foot setbacks. SUPERVISOR STEC- There was no expensive study. I want to make a correction; there was no expensive study that was done. COUNCILMAN BREWER- That was arbitrary. There was a project proposed on the corner for one hundred and seventy four apartment units. There was opposition to it, there was a petition circulated that Ms. Sonnabend had referred to. In effect, what happened was the setback was created to be a thousand feet to allow apartments beyond the thousand foot line. Essentially, what it does to that piece of property is makes it useless. You couldn’t put an apartment on there if you wanted to. Since then, we’re not in favor of Mr. O’Connor because Mr. O’Connor doesn’t own that property anymore; there was a group of three or four people that were at our workshop last week. They proposed putting commercial development in the front, high priced condo’s in the back with a clubhouse. We have no say in that project. We can create the setback, they have to go to the Planning Board, propose it to the Planning Board, the Planning Board will then in turn approve or deny or modify or whatever they might do. So, we are not in favor of anybody, we just think that the thousand was made and was unfair. When that zone was created, I was on the Town Board, Dan was on the Town Board, it was back in 2002 I believe, we created professional office zone. The setback at that time was thirty feet. So thirty feet to a thousand I think is a big stretch. MR. BUECKING- The partisanship should be on behalf of the Town and it appears as though an influential few are against the interest of the Town. COUNCILMAN STROUGH- This Board constantly has pressure to rezone light industrial, PUD’s to residential. There is quick money to be made in residential. It is not in the best interest of the community to allow these rezonings. BETTY MONAHAN- I’m sorry this Macchio came up as a complete surprise to most of the community. SUPERVISOR STEC- Betty, let me interrupt you, we’ve been working on this for two and a half years MRS. MONAHAN- I realize that, I’m talking about an agreement and please don’t interrupt me SUPERVISOR STEC- I’m going to interrupt you when I feel I need to and I just did MRS. MONAHAN- …Anyway, god bless Roger Boor because Roger was the one who alerted us to all the environmental damage that’s been happening up on the Mountain and I’m sure that he would alerted us to this. I’ve looked at this agreement and I think that it has a lot of inadequacies in it. It has REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 11 indefinite words like “best efforts”. Now, who defines what best efforts is. I realize that you are referring to Dave Wick here. I have the upmost respect for Dave Wick but I don’t think that’s a very strong legal document. I would suggest that you maybe do this, and my husband was in construction and I know what we had to do when we had to sign a contract, it wasn’t that you do your best effort to fulfill a contract. I’m going to suggest that you sit down with the Macchio’s, Dave Wick and the Town Board and before you sign this agreement make it a part of it. You have what they call a job progress plan, and you’ll have target dates, they will be reasonable target dates, they will allow for some bad weather, etc. So Mr. Macchio will have to reach those target dates by such and such a time. That will help put some teeth in this. I don’t see anything in here that says the completed project must end up complying with all Town Codes and regulations. I think that’s another fault with it. Why do we need a road up on the Mountain that was supposedly was a logging road ten to twelve feet wide. I think that’s another thing that’s going to lead to abuses. Somebody mentioned our legal fees and it seems to me a kind of a slight slap on the wrist to Mr. Macchio for doing what he shouldn’t have done in the first place. Maybe there could be a clause in there that he has to pay our legal fees; I think that’s possible, it’s certainly worth checking into it. SUPERVISOR STEC- It was checked into Betty MRS. MONAHAN- It’s not possible? SUPERVISOR STEC- It’s not part of this agreement MRS. MONAHAN- I said is it possible SUPERVISOR STEC- Legally yes, is it part of this, no. MRS. MONAHAN- My opinion is than it should be. Why should the taxpayers pay to sue a businessman to conform with the regulations and let him set that example this is how you get away in the Town of Queensbury. SUPERVISOR STEC- Betty, I’m going to interrupt you here and answer some of your questions. Not one but two law firms have reviewed this document. People who went to law school and reviewed this document. The money that we spent on the special counsel for this twenty seven thousand dollars over two and a half years, this is his recommendations after two and a half years worth of effort to the Town. Miller, Mannix also reviewed it, we did ask about legal fees, they did say no they didn’t want to include that in the settlement. I asked our Town Counsel about that and he said it is very unusual for that to be a term of a settlement like this in any event anyways. It was asked for and it’s not been negotiated into this agreement. MRS. MONAHAN- You do not have to go along with your Town Counsel. You’ve got brains here on this Board. I suggest you conform with certain of your own objectives and that to be a part of this agreement to protect the taxpayers in this Town. As I said, I think this, and some of the worst I’ve gotten frankly of eighty five years of life have been from the professionals. Luckily, I got smart enough to say to them I think you better go back to the drawing table. I think you’ve gotten some bad advice from your legal people with this agreement. SUPERVISOR STEC- Two law firms, four attorneys MRS. MONAHAN- I don’t care if you’ve got a dozen. Your job is to protect the people of this Town, not to protect the lawyers SUPERVISOR STEC- Thank you 2.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2008 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS" TO REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 12 INCREASE ANNUAL CHARGES FOR CENTRAL QUEENSBURY/QUAKER ROAD SEWER DISTRICT RESOLUTION NO.: 546, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: __ of 2008 to amend Queensbury Town Code Chapter 136, Article XXIV entitled “Establishment of Sewer Rents," which Local Law would modify the annual sewer rent rate in the Central Queensbury/Quaker Road Sewer District, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, Town Law Article 16 and General Municipal Law Article 14-F, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, December 15, 2008 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2008, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2008 in the manner provided by law. st Duly adopted this 1 day of December, 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 PROPOSED LOCAL LAW NO.: ___ OF 2008 TO AMEND REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 13 QUEENSBURY TOWN CODE CHAPTER 9 ENTITLED, "COURT CLERK AND DEPUTY COURT CLERK POSITIONS" RESOLUTION NO.: 547, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: ___, 2008 to amend Queensbury Town Code Chapter 9 entitled, "Court Clerk and Deputy Court Clerk Positions," to change the part-time Deputy Court Clerk position to full-time status in order to be consistent with actual historical practice, and WHEREAS, such legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, prior to adoption of the Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, December 15, 2008 to consider proposed Local Law No.: ___ of 2008, hear all persons interested and take such action as is required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing as required by law. st Duly adopted this 1 day of December, 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 PROPOSED REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 14 LOCAL LAW NO. __ OF 2008 TO AMEND QUEENSBURY TOWN CODE CHAPTER 155, “TAXATION” TO ADD A NEW ARTICLE IV, “EXEMPTION FOR GOLD STAR PARENTS” RESOLUTION NO.: 548, 2008 INTRODUCED AND SECONDED BY THE ENTIRE TOWN BOARD WHO MOVED ITS ADOPTION WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: __ of 2008 to amend Queensbury Town Code Chapter 155, “Taxation,” to add a new Article IV thereof entitled, "Exemption for Gold Star Parents,” to provide for a real property tax exemption to a “Gold Star Parent,” a parent or parents of a child who died in the line of duty while serving in the United States Armed Forces during a period of war in accordance with New York State Real Property Tax Law §458-a, and WHEREAS, this legislation is authorized in accordance with New York State Real Property Tax Law §458-a and New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, December 15, 2008 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2008, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2008 in the manner provided by law. st Duly adopted this 1 day of December, 2008, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 15 RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH THE LAUGHING LOON PUB & GRILL RESOLUTION NO.: 549, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Shelly McAvoy dba (McAvoy) owns and operates The Laughing Loon Pub & Grill located at 31 Cronin Road, Queensbury, New York, and WHEREAS, McAvoy has applied for a renewal of its liquor license, and WHEREAS, McAvoy has requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the renewal of McAvoy’s liquor license, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before McAvoy’s liquor license is renewed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the liquor license that is issued to Shelly McAvoy dba is renewed and that the Town Board has no objection to such license being renewed, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of December, 2008 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 16 NOES: None ABSENT: None RESOLUTION REAPPOINTING JACK PERNA TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO.: 550, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Board of Assessment Review in accordance with the New York State Real Property Tax Law, and WHEREAS, the term of Board of Assessment Review Member Jack Perna recently expired and Mr. Perna has expressed interest in being re-appointed to the Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby re-appoints Jack Perna to serve as a th member of the Queensbury Board of Assessment Review with his term to expire September 30, 2013 in accordance with New York State Real Property Tax Law §523. st Duly adopted this 1 day of December, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING 2009 AGREEMENT BETWEEN TOWN OF QUEENSBURY AND DELTA DENTAL RESOLUTION NO.: 551, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 17 WHEREAS, the Town of Queensbury wishes to enter into an Agreement for dental insurance for the year 2009 with Delta Dental, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement for dental insurance for the year 2009 with Delta Dental substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement, as well as any other needed documentation, and BE IT FURTHER, RESOLVED, that Town employees’ cost-sharing formula(s) for dental shall remain unchanged for 2009, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute future renewal Agreements with Delta Dental without the need for additional Town Board Resolution provided that such Agreements do not provide for any changes to the percentage of employee contributions toward monthly premiums and/or copays, and BE IT FURTHER, RESOLVED, that should there be changes to future renewal Agreements with Delta Dental concerning employee’s percentage of contributions toward monthly premiums and/or a change in copay schedule, then a Town Board Resolution will be required, and BE IT FURTHER, RESOLVED, that since the Town of Queensbury’s Non-Union employees are charged the same percentage of dental care contributions as the Town’s Union employees, then future Resolutions authorizing execution of renewal Agreements will not be required unless there is a change of policy whereby Non-Union employee contributions would be charged differently than Union employees which would then create the need for additional Town Board Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 18 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. st Duly adopted this 1 day of December, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AFFIRMING CONSISTENCY OF THE MICHAELS GROUP, LLC RESIDENTIAL SUBDIVISION PROJECT WITH HILAND PARK PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 552, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Michaels Group LLC is seeking approval from the Town of Queensbury to construct a subdivision on a 11.23± acre parcel consisting of thirty-four (34) residential lots at the southwest corner of Meadowbrook and Haviland Roads in the Town of Queensbury, and WHEREAS, Michaels Group LLC has requested that the Queensbury Town Board affirm that this proposed project is consistent with the Hiland Park Planned Unit Development as approved by the previous Town Board on January 14, 1987 by Resolution No. 212.87, and WHEREAS, the Senior Planner has reviewed the proposed project to be sure it is in compliance with the PUD Ordinance and Hiland Park PUD and has recommended that the Town Board adopt a Resolution affirming that the proposed project is consistent with the Hiland Park PUD so that the proposal will be able to move forward through the subdivision and site plan review process as administered by the Queensbury Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby affirms that the proposal by Michaels Group LLC to build thirty-four (34) residential lots at the southwest corner of Meadowbrook and Haviland Roads in the Town of Queensbury is consistent with the Hiland Park PUD as approved by Town Board Resolution 212.87, and REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 19 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Senior Planner to present a certified copy of this Resolution to The Michaels Group and the Town Planning Board, and take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of December, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT WITH WARREN COUNTY CONCERNING STATEWIDE DIGITAL ORTHOIMAGERY PROGRAM RESOLUTION NO.: 553, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the New York State Office of Cyber Security and Critical Infrastructure Coordination (CSCIC) is undertaking a Statewide digital orthoimagery program which will enhance and improve the State’s spatial data, and WHEREAS, Warren County has entered into an agreement with the CSCIC to provide upgrades to the digital orthoimagery for the County (Program), and WHEREAS, Warren County wishes to extend to municipalities within the County the right to participate and share in the cost of the Program upgrade based upon Adirondack Park Agency intensity designations, and WHEREAS, the Town’s share of the upgrades shall not exceed the sum of four thousand fifteen dollars and thirty-two cents ($4,015.32), and WHEREAS, the Queensbury Town Board feels that the Program will benefit Town residents and therefore wishes to authorize an Intermunicipal Agreement concerning such Program, and REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 20 WHEREAS, an Intermunicipal Agreement with Warren County concerning the Program has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Intermunicipal Agreement with Warren County concerning upgrades to digital orthoimagery for the County as described in the preambles of this Resolution and in substantially the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement, and BE IT FURTHER, RESOLVED, that the Town’s share of the upgrades, in an amount not to exceed four thousand fifteen dollars and thirty-two cents ($4,015.32), shall be paid for from Misc. Contractual Account No.: 001-8020-4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to transfer appropriations from Contingency Account No.: 001-1990-4400 to Misc. Contractual Account No.: 001-8020-4400 for the amount of the Town’s share ($4,015.32), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Intermunicipal Agreement and the Town Supervisor and Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of December, 2008, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING TOWN SUPERVISOR TO APPROVE APPRAISALS AND ACCEPT AND SIGN OFFERS RELATED TO R. K. HITE & CO., INC.’S RIGHT-OF-WAY/EASEMENT ACQUISITION SERVICES RELATED TO MAIN STREET/CORINTH ROAD RECONSTRUCTION PROJECT RESOLUTION NO.: 554, 2008 INTRODUCED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 21 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 313,2008, the Queensbury Town Board authorized the engagement of RK Hite & Co., Inc. ("RK Hite") for the provision of right-of-way easement acquisition services as delineated in its May 30, 2008 proposal, and WHEREAS, RK Hite has informed the Town that it has performed its initial analysis, review, property visitation, and meetings with property owners and expects to have appraisals and summary appraisal offer ready for Town approval shortly, which offers will require approval by the Town prior to being provided to property owners and will then require execution by the Town on accepted offers, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to review and approve such appraisals and summary appraisal offers prepared for by RK Hite and to execute accepted offers in accordance with the terms of the previously approved Agreement with RK Hite and the Town Board authorizes and directs the Town Budget Officer to pay the amounts so authorized in accordance with such proposal and the Town's procedures, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel and/or Town Budget Officer to execute any documentation and take such other and further action necessary to effectuate all terms of this Resolution. st Duly adopted this 1day of December, 2008, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2008 TO AMEND QUEENSBURY TOWN CODE CHAPTER 140 ENTITLED, “SIGNS” RELATING TO DIGITAL BILLBOARDS RESOLUTION NO.: 555, 2008 INTRODUCED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 22 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: __ of 2008 to amend Queensbury Town Code Chapter 140 entitled, “Signs," §140-5, to bring certain new technologies under regulation by the Town’s sign provisions to ensure continued achievement of their purpose and intent, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, December 15, 2008, to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___, 2008, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2008 in the manner provided by law. st Duly adopted this 1 day of December, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AWARDING BID FOR TELEPHONE HARDWARE TO ALTERNATIVE TELECOM SOLUTIONS, INC. RESOLUTION NO.: 556, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 23 SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Resolution No.: 467,2008, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the purchase of certain telephone hardware as more clearly specified in bid specifications prepared by the Town’s Technology Coordinator and/or Purchasing Agent, and WHEREAS, the Technology Coordinator and Purchasing Agent have reviewed the submitted proposals and recommended that the Town Board award the bid to the lowest responsible bidder, Alternative Telecom Solutions, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the purchase and installation of telephone hardware from Alternative Telecom Solutions, Inc., for an amount not to exceed $22,000 to be paid for from Telephone Equipment Account No.: 001-1650-2001, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to take any and all actions to effectuate the following 2008 Budget Amendments: FROM: TO: AMOUNT: Retirement Account Telephone Equipment Account $13,500. No.: 001-9010-8010 No.: 001-1650-2001 Workers Comp. Account Telephone Equipment Account $ 8500. No.: 001-9040-8040 No.: 001-1650-2001 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs reimbursement of appropriate expenses from Special Districts to the General Fund, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 24 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Technology Coordinator and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of December, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF TELEPHONE SYSTEM FROM CAROUSEL INDUSTRIES RESOLUTION NO.: 557, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Technology Coordinator previously advised the Town Board that the Town’s current phone system is experiencing ongoing and un-resolvable issues and therefore he requested Town Board approval for the purchase of an up-to-date replacement phone system, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed th purchase and installation on Monday, August 18, 2008 and heard all interested persons, and WHEREAS, by Resolution No.: 378,2008, the Town Board authorized the purchase and installation of a telephone system from Cornerstone Telephone Company, and WHEREAS, by Resolution No.: 423,2008, the Town Board rescinded Resolution No. 378,2008, and WHEREAS, the Technology Coordinator has now recommended that the Town Board approve such purchase and installation from Carousel Industries for an amount of $42,483.63 and the Town Board concurs with this recommendation, and WHEREAS, New York State Bidding was not required as the purchase is under New York State Contract Pricing: PT57866 and PT59914, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 25 RESOLVED, that the Queensbury Town Board hereby authorizes the purchase and installation , of a telephone system from Carousel Industries for an amount not to exceed $42,483.63 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to effectuate a 2008 Budget Amendment from unappropriated Fund Balance to Equipment Account No.: 001-1650-2001 by $42,483.63, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs reimbursement of appropriate expenses from Special Districts to the General Fund, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Technology Coordinator to take any and all actions necessary to effectuate all terms of this Resolution. st Duly adopted this 1 day of December, 2008 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY PETER & ROBERT NEMER RESOLUTION NO.: 558, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Metivier WHEREAS, Peter and Robert Nemer previously commenced Article 7 Real Property Assessment Review cases against the Town beginning in 2005 challenging the assessments on three REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 26 parcels, consisting of two car dealerships on and an undeveloped parcel, all located along Quaker Road (Tax Map Nos.: 296.20-1-7, 303.6-1-3 and 303.15-1-10), and WHEREAS, the Town Assessor has reviewed the cases with Town Counsel and the Assessor has recommended a settlement proposal to the Town Board, and WHEREAS, it is anticipated that the Queensbury Union Free School District and Glens Falls City School District will approve the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceedings filed by Peter and Robert Nemer as follows: 1)For 2005, 2006, 2007 & 2008, the assessments on the parcels shall be revised as follows: Tax Map #: Assessed Value Revised Assessment 296.20-1-7 $1,860,000 $1,420,000 303.6-1-3 544,400 429,000 303.15-1-10 811,000 (Unchanged) and 2)For 2009, 2010, and 2011 the assessments on the parcels shall be as follows, regardless of whether there is a Town-wide revaluation effective before the 2012 Assessment Roll: Tax Map #: Assessed Value 296.20-1-7 $1,300,000 303.6-1-3 389,000 303.15-1-10 811,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all corresponding refunds, with interest if ordered by the Court, within sixty (60) days from the date that Petitioners serve a Demand for Refunds upon the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 27 additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. st Duly adopted this 1 day of December, 2008 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION TO AMEND 2008 BUDGET RESOLUTION NO.: 559, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2008 Town Budget as follows: From To CodeAppropriationCodeAppropriation$ 001-1910-4200Insurance001-1010-4130Town Counsel Ret11,900 001-1910-4200Insurance001-1220-4130Town Counsel Ret3,995 001-1650-4100Telephone001-1660-4010Supplies2,000 001-7020-1010Rec Wages001-7110-4400Parks Misc Contr.15,000 001-7020-1010Rec Wages001-7110-4824Rec Programs5,000 001-8030-4414Service Contract001-9650-2899Drainage5,000 002-8810-4200P&L Insurance002-8810-1020Cemetery O/T500 004-5110-1010Hwy Repairs Wages004-5110-4620Paving Materials12,100 004-5110-1010Hwy Repairs Wages004-5142-4641Melting Agents10,000 004-5130-4200Insurance004-5142-4641Melting Agents17,000 009-8160-4448Burnables009-8160-1020Overtime2,000 st Duly adopted this 1 day of December, 2008, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 28 RESOLUTION APPROVING AUDIT OF BILLS – ST WARRANT OF DECEMBER 1, 2008 RESOLUTION NO.: 560, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as the thnd Warrant with a run date of November 26, 2008 and a payment date of December 2, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of thnd November 26, 2008 and payment date of December 2, 2008 totaling $966,518.82, 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. st Duly adopted this 1 day of December, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION TO TABLE RESOLUTION AUTHORIZING SETTLEMENT BETWEEN TOWN OF QUEENSBURY AND MACCHIO ENTITIES RESOLUTION NO.: 561, 2008 INTRODUCED BY: Mr. John Strough DEFEATED WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby tables the proposed resolution entitled Resolution Authorizing Settlement Between Town of Queensbury and Macchio Entities. REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 29 st Duly adopted this 1 day of December, 2008, by the following vote: AYES: Mr. Metivier, Mr. Strough NOES: Mr. Montesi, Mr. Brewer, Mr. Stec ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN STROUGH- Could we possibly table this in light of the fact that the community wants to have some input. I’ve got three pages that I promised I would review the contract. I have three pages of concerns. I’m not going to labor this Board and this public. No where in the contract are aesthetic impacts or the criteria that we’re going to use for assessing aesthetic impacts in here. Dave Wick’s environmental assessment, which was excellent by the way, of the French Mountain roadway should be, I think, an attachment to this agreement, it’s not. The agreement in paragraph four says that the Town of Queensbury is going to be, like I said, I want to keep everybody in line. We all want an agreement with the Macchio’s but we want an agreement that we think is going to be fair for everybody. I still have some concerns. I think it could be a better agreement. In paragraph four it says that the Town of Queensbury permitted to represent, on #14 for those who have a copy of my list of concerns, Dave Wick or another representative of the Warren County Soil and Water Conservation District are going to do site visits. No where in the agreement does it mention that Warren County Soil and Water or whatever designee there in should notify the Town. There is no obligation on behalf of them to notify them of their site visits and I think should be included, although I’m sure they would be. I’m just saying it should be included in the agreement though. I have the upmost respect for Dave Wick; I’ve got to add that. Is Dave Wick obligated to consider and accommodate the Town’s designees schedule for the site visits? They should be contacting the Town working out a schedule. That kind of arrangement is not addressed in the agreement. This is not necessarily between Mr. Macchio, it’s between Warren County Soil and Water and the Town because that’s by the agreement. It’s almost like a three way agreement here. In the agreement in paragraph five says “in turn the Town of Queensbury and or the Zoning Administrator or Planning Board represent warrant any and all notice of violation or stop work orders in the effect of these parcels”. Are there other parcels of review? SUPERVISOR STEC- There’s two parcels involved here John COUNCILMAN STROUGH- Is that all? SUPERVISOR STEC- That’s all COUNCILMAN STROUGH- In any event, like I said I’m not going to … every point I do have a list of concerns. I don’t think some of them, some of them could easily be dismissed, I’m not saying that every single one of my concerns are legitimate. I made a list up as I read through Dave Wick’s report, again, which was excellent, and this agreement and those were some of the concerns I have. I told you this would be forthcoming this weekend and here it is. I did not know, I thought we would be talking about this at a workshop not at a public meeting. COUNCILMAN BREWER- We did eight weeks ago SUPERVISOR STEC- Eight weeks ago tonight COUNCILMAN STROUGH- That was like a preliminary one. I said I had additional concerns and I did get to it SUPERVISOR STEC- But in eight weeks we didn’t get anything from you COUNCILMAN STROUGH- I made a request and I have three pages of concerns COUNCILMAN METIVIER- I actually would second a tabling so I could maybe talk to some people who voiced their concerns tonight who didn’t have a chance REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 30 SUPERVISOR STEC- There’s a motion to table, we’ll vote on the motion to table, moved by Councilman Strough, seconded by Councilman Metivier, no discussion on the tabling motion. We will vote whether or not to table. RESOLUTION AUTHORIZING SETTLEMENT BETWEEN TOWN OF QUEENSBURY AND MACCHIO ENTITIES RESOLUTION NO.: 562, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 354,2006, the Queensbury Town Board authorized engagement of Dreyer Boyajian LLP as special counsel in connection with issues concerning Ralph Macchio, Stranahan Industries and French Mountain properties, and WHEREAS, Dreyer Boyajian LLP, on behalf of the Town of Queensbury, has negotiated an agreement for purposes of settlement with French Mountain Bear Pond, LLC, Bear Pond Trail, LLC, Bear Pond Ranch, LLC, South Bay Realty, LLC, Steven Macchio and Ralph Macchio (Macchio Entities), and WHEREAS, Dreyer Boyajian LLP has recommended and requested Town Board authorization to settle this matter on the negotiated terms, thereby avoiding further litigation, trial and expense, and WHEREAS, a proposed Settlement Agreement and General Release has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs Dreyer Boyajian LLP, attorneys representing the Town of Queensbury, to settle the matter between the Town and French Mountain Bear Pond, LLC, Bear Pond Trail, LLC, Bear Pond Ranch, LLC, South Bay Realty, LLC, Steven Macchio and Ralph Macchio (Macchio Entities), in accordance with the Settlement Agreement and General Release substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to sign such document, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Dreyer Boyajian LLP to sign any other settlement documents and take any action necessary to settle this matter and effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 31 st Duly adopted this 1 day of December, 2008, by the following vote: AYES: Mr. Montesi, Mr. Brewer, Mr. Stec NOES: Mr. Strough, Mr. Metivier ABSENT: None 3.0 CORRESPONDENCE DEPUTY CLERK, MELLON- ? The Supervisor’s report for Community Development/Building and Codes for the Month of October is on file in the Town Clerk’s Office. 4.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER- Nothing to report COUNCILMAN MONTESI- Reported that he and Mike Hill (Town Counsel) spent sometime visiting a neighbor on Quaker Road where the Town is proposing a drainage project to alleviate some of the flooding problems on Everett’s Avenue. Most property owners have recognized the necessity for this project. However, there is one property owner who does not see this as a necessity and they cannot start this project until he signs off. Suggested that he and Supervisor Stec meet with him. COUNCILMAN STROUGH- ? Announced that there is going to be an Exit Twenty Corridor meeting at the Ramanda Inn on 1 Abbey Lane near Exit 19 on Thursday, December 11, 2008 from 6pm- 8pm. ? Spoke regarding the Queensbury Senior Citizens. Anyone 55 or older who is interested in joining should call 761-8224. ? The LGA is promoting lake friendly landscaping; there is an article about this in the Lake George Associations newsletter this month. SUPERVISOR STEC ? Spoke regarding the Adirondack Park Agency. The County and several other counties within the Adirondack Park are looking to engage the APA and the State with litigation regarding the way they are administering rules. ? Thanked TV 8 and our sponsors for televising these meetings. ? Thanked Town employees for all their efforts this past year. ? Spoke regarding Mr. Segal’s comments earlier with regards to the Bay Road Professional Office Zone. MR. SEGAL- Thanked Supervisor Stec for his stand at the County regarding the pay raise for the police officers. COUNCILMAN BREWER- ? Years ago Bay Road Corridor was zoned MR5, the most intense zone in the Town for residential use. Proposed on zoning, you are supposed to have MR5 where there was sewer, there was no sewer, now there is sewer. I don’t think three hundred feet is unreasonable. ? Spoke with Dan Ryan regarding Michaels Drive. The contractor did accept the contract and documents will be signed. They have a meeting Wednesday morning and are hoping to start work next week. RESOLUTION TO ADJOURN TOWN BOARD MEETING REGULAR TOWN BOARD MEETING 12-01-2008 MTG #52 32 RESOLUTION NO.: 563, 2008 INTRODUCED BY: Mr. Anthony Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 1st day of December, 2008 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None Respectfully Submitted, Miss Darleen M. Dougher Town Clerk Town of Queensbury