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2005-09-14 EastLakeGeorge MTG41 . 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 . 23 60BIGlNAL 1 JOINT PUBLIC HEARING ON THE PETITION OF THE FORMATION OF EAST LAKE GEORGE HELD BEFORE: Town of Queensbury Town Board and Town of Fort Ann Town Board LOCATION: North Queensbury Volunteer Fire Department DATE: September 14, 2004 TIME: 7:05 p.m. APPEARANCES ROBERT HAFNER, ESQ. MILLER, MANNIX, SCHACHNER & HAFNER, LLC 451 Glen Street Glens Falls, New York 12801 Appearing on behalf of the Town of Queensbury JOHN ASPLAND, ESQ. FITZGERALD, MORRIS, BAKER & FIRTH, P.C. One Broad Street Plaza - P.O. Box 2017 Glens Falls, New York 12801 EILEEN M. SHARP, COURT REPORTER (518) 251-2841 · 1 2 3 4 5 6 7 8 9 10 11 · 12 13 14 15 16 17 18 19 20 21 22 · 23 2 MR. STEC: Okay. Good evening everyone and welcome to the special hearing regarding East Lake George Village's petition. It is 7:05 p.m. on Wednesday, September 14th. And I'm looking for a flag. I don't see a -- there's a flag on the back of the North Queensbury old pumper. If everyone would please rise and join me with the Pledge of Allegiance. (Pledge of Allegiance) MR. STEC: Okay. Thank you very much this evening everyone for attending. And again this is a special hearing. It's a joint hearing of the Queensbury Town Board and the Fort Ann Town Board. We're gOlng to do some very brief introductions, so that you know who's up here. Although we do have some name cards. And then I'll turn it over to the Town of Queensbury Town Council, Bob Hafner, who will brief everyone on the -- the legal requirements as far as the purpose of tonight's hearing and why we're here and what the -- the legal ground EILEEN M. SHARP, COURT REPORTER (518) 251-2841 · 1 2 3 4 5 6 7 8 9 10 11 · 12 13 14 15 16 17 18 19 20 21 22 · 23 3 rules are for this hearing. Following that, we will commence recelvlng public comment regarding the petition that -- that the meeting was advertised. And before I forget, we do have a stenographer tonight and this meeting is also being audio recorded. However, we would like anyone that does speak this evening, there -- there's a pad up here that you can put your name and address, for the record, to help the stenographer. But also it would be very helpful to the stenograph if you we speak slowly and clearly enough so that she can do the best she can taking -- to catch all of us. And I'm going to try and remind myself as much as possible too, because I can ramble and -- and get going pretty fast, as my board will tell you. At the far end is Chuck Rice. He's our Building and Grounds Director in Queensbury, and he set up the audio this evening. We have Darleen Dougher is the Town EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 . 23 4 Clerk for Queensbury. Mary Jane Godfrey, In in blue, is the Town Clerk for Fort Ann. In the yellow shirt is Roger Boor, Ward One Councilman. And for those that are from Pilot Knob, Roger Boor is the North Queensbury Ward. The Third Ward Councilman from Queensbury is John Strough. Later this evenlng -- he's got another commitment -- Fourth Ward Councilman, Tim Brewer will be sitting here. Second Ward Councilman, Ted Turner is on vacation out of the town. I'm Dan Stec. This is -- I'll let you introduce your crew. MS. HALL: Okay. MR. STEC: How about that? MS. HALL: To my right lS Duane Burch, Town Councilman from Fort Ann. Bruce Whitney, Town Councilman from Fort Ann and Inez Mattison, Town Councilman and I'm Gayle Hall, Supervisor of Fort Ann. MR. STEC: Okay. And with that, what I'd like to do now, at this point, is ask the Town of Queensbury Council, Bob Hafner, to basically EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 . 23 5 go through his prepared remarks as far as what the -- what the purpose is of this evening's meeting. And absolutely, Bob, you could take the microphone if you want to, turn and face the people. Or if you want to face us, it doesn't really matter to me. MR. HAFNER: I'll face you. That will work. And I'll try to talk loud. Oh, it works well. That's good. Supervisor Stec asked me to glve some background concerning tonight's meeting. So to start, as everyone knows, this -- there was a petition that was filed to incorporate the Village of East Lake George, which is partially located in the Town of Queensbury and partially located in the Town of Fort Ann. The Village Law details the process that has to be followed. If the petition was properly prepared and filed, then the towns of Queensbury and Fort Ann will hold a vote for the voters within the territories of the proposed village within their town. And that EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 . 23 6 will decide whether or not a village will exist. There's a detailed process that has to be followed for the petition. Tonight is one part of that detailed process. This is the hearing on the petition. However, this is not an opportunity for people to explain why there should or should not be a village. According to Village Law, this hearing is an opportunity for residents of the towns of Queensbury and Fort Ann, who are qualified to vote, to present their objections to the supervlsors of the towns. The objections that can be made are limited. Under Village Law, there's SlX things and I'm going to list them so that people have them and get the -- get the idea of what can be objected to. The first item is that the person slgnlng the petition was not qualified to do so. A person would be qualified to sign the petition, if he or she was a resident within the proposed EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 . 23 7 village territory and was eligible to vote for town officers in either town. The second is that the petition was not signed by at least 20 percent of the residents who are eligible to vote within the portions of the town located within the proposed village territory. This gets a little bit technical, so I'm going to go on just a little bit on this one. This calculation has to be done for each town. So the portion of the proposed village that's inside the Town of Queensbury, they need 20 percent of the residents In that area. And then you need 20 percent of the residents eligible to vote within the portion of the Town of Fort Ann that's within the village -- the proposed village. The third item; that the proposed village area is already within the bounds of a city or a village. The fourth item is that the proposed village contains more than five square miles. If it does, then there are other objections EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 . 23 8 that can be made. The fifth item lS that the proposed village, including both portions within Queensbury and Fort Ann together, the objection could be made that it does not contain a population of at least five hundred regular inhabitants. The sixth assertive, anything else that's relevant to the petition, the statue says that the objection that could be made is that the petition does not conform to any other specified respect, such as any other requirements under Village Law for the petition. So under Village Law, while objections can be made right here tonight at this hearing, the law goes on to say that objections are to be made by residents qualified to vote in either town, in writing and signed. So if you make an objection, we would ask that you write out your objection, date. You have to print your name and address and slgn it here tonight. EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 . 23 9 I brought a few pads to leave to the side, thinking that people go can back and sign it, and I would say deliver it to the Town Clerk, and return the pad for people later in the night. I brought some pens for people. The statute says that you do the hearing and you do it in writing. Under Village Law, the persons who ultimately determine whether or not the petition is valid are the supervisors of the two towns. So Dan and Gayle will make the ultimate decision. They're in charge of this hearing and will call on people who wish to make objections for the reasons listed in Village Law. While under Village Law, the other Town Board members do not have a formal role, you'll note that they're -- the majority of them are here tonight to participate and to hear what the public has to say. And it's our understanding that the Town Supervisors will consult with their board. But the ultimate decision, under the statute, EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 . 23 10 relies with them. After the close of the hearing, the Supervisors will have ten days to make their determination whether or not the petition complies with the requirements of the Village Law. This law is very technical. It's not going to be their decision whether or not they agree. It's just, does this petition meet the statutory requirements. If it does, it will go on to a vote. If it doesn't, then they'll say it's -- it's not valid and the process will stop. The Supervisors' determination is supposed to be filed with the Town Clerk within 15 days of the close of the hearing. And the merits of incorporating would be determined by the voters, not the supervisors, if the petition is valid. Thank you. MR. STEC: Thank you, Bob. I'm not sure, Gayle, if your councilor you or anyone else at this time has anything that you want to add before I open the hearing. EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 . 23 11 MS. HALL: No. MR. STEC: Or -- or anybody from the town or the clerks. Okay. With that, I will declare this hearing open. And again as -- as Bob Hafner pointed out, the intent here, under the statute is that this hearing is regarding the petition, itself. And we are looking for people that want to raise objections to any of the six items that by Bob Hafner just detailed. So with that, the public hearing -- or the hearing is open. And I would just ask that people raise their hands and -- and we will call on people and we'll hear everyone who wants to speak this evening. Mr. Grasso -- and again, as we call on people, just please come to the microphone, state your name clearly, regarding that the recalling that the stenographer is trying to keep up with you. Write your name and address on the pad -- on the paper in front of you. And again, any objections to the petition, EILEEN M. SHARP, COURT REPORTER (518) 251-2841 · 1 2 3 4 5 6 7 8 9 10 11 · 12 13 14 15 16 17 18 19 20 21 22 · 23 12 either now before you make your public comment or after you finish your comment at the microphone, take the pad and a pen, write down what your -- your -- your issue with the petition was, sign it, address, legibly, so we know who it was. And then give it one of the two town clerks. Mr. Grasso. MR. GRASSO: Can I talk now, Dan? MR. STEC: Yes, Slr. MR. GRASSO: Thank you. I'm a tax payer. I live at 23 Rappaport Drive. Can I talk and write at the same time? I'm here tonight to ralse an objection to and I guess it would fall under Item Six, as to the legality of the petition on the grounds that when people were induced to sign the petition, I think there was a set of information that were being circulated that, whether it was known at the time or whether it subsequently became incorrect, induced people into thinking that their taxes would be lowered and induced people to sign a petition to form a village, under circumstances that are not EILEEN M. SHARP, COURT REPORTER (518) 251-2841 · 1 2 3 4 5 6 7 8 9 10 11 · 12 13 14 15 16 17 18 19 20 21 22 · 23 13 correct today. So the very -- and formed consent of the person slgnlng the petition, I believe lS incorrect. And I'd also like to question the mapping and the boundaries, as drawn. Thank you. MR. STEC: Thank you. And again, just grab a pad and -- and -- and jot that down as we continue. Anyone else this evening that would like to address this hearing? Mr. Schomewolf. MR. SCHOMEWOLF: Good evening. Paul Schomewolf, 239 Assembly Point Road. S-C-H-O-M-E-W-O-L-F. I believe this lS Item Six. But I have concerns over seven pages on the petition from the Town of Queensbury and I'm not sure, but I don't believe that they conform with State Election Law in that they -- the people that signed them, somebody else or the same person -- it doesn't matter -- has come through and scratched out names and scratched out addresses. EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 . 23 14 So I'd like to have some sort of judicial review as to whether that conforms with the New York State Election Law. And I suggest that an attorney, like John Champolli (phonetic spelling) who is a specialist in that area and works with the New York State Senate might be a good reference. And the pages are C-15, C-18, C-23, C-24, C-26, C-28 and C-31. Thank you. MR. STEC: Okay. And again, if you could, also fill in that sheet and then your information. And while you do that, we do have two chairs, so I can -- we can kind of trade off. Is there anyone else that would like to address the petition this evening? Or challenge -- challenge -- or complain of the petition? (No response) MR. STEC: Anybody at all? Yes, Slr. MR. RIEF: My name lS Peter Rief, R-I-E-F. I live at 2930 Route 9-L here in North Queensbury. EILEEN M. SHARP, COURT REPORTER (518) 251-2841 · 1 2 3 4 5 6 7 8 9 10 11 · 12 13 14 15 16 17 18 19 20 21 22 · 23 15 And I would just like to make a quick comment regarding provision six, and something that was said earlier tonight about people being induced to sign the petition. I did not sign the petition when it was going around, because I was concerned about my status as a somewhat seasonal, somewhat half half here, half somewhere else resident of Queensbury. But I was around when the petitions were being circulated, and I don't believe anyone was induced to sign because of lower of tax lowering of taxes. But I believe they were induced to sign, whether we all felt the same, that we needed representation that was more than what we were getting. A lot of us felt we were paying taxes and getting nothing for it, including representation. So that what that was all about. I jus t want to note that one little fact to counter what was said earlier. MR. STEC: Thank you. EILEEN M. SHARP, COURT REPORTER (518) 251-2841 · · 12 13 · 16 1 MR. RIEF: That's it. 2 MR. STEC: Thank you. If you would 3 also 4 MR. RIEF: Yeah. 5 MR. STEC: -- fill that In. Your name and 6 address. 7 MR. RIEF: Okay. 8 MR. STEC: Is there anyone else this 9 evening that would like to address the petition 10 or challenge the petition? 11 (No response) MR. STEC: Anyone at all? (No response) 14 MR. STEC: Do you see anybody? 15 MS. HALL: No, I do not. 16 MR. STEC: Okay. Is there anybody at all? 17 (No response) 18 MR. STEC: All right. I will close this 19 hearing, if you concur, Gayle? 20 MS. HALL: Absolutely. 21 MR. STEC: All right. I declare this 22 hearing closed. And as our attorney pointed 23 out not too long ago, we have ten days, Bob? EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 . 23 17 MR. HAFNER: Ten days. MR. STEC: Ten days to lssue our decision. Gayle and I have, as Bob has indicated to our Boards, that we will consult them. But as Bob pointed out, under the Village Law, the responsibility for the determination on this petition lies solely with Gayle and myself and we take it seriously. And we will do our best job. And within ten days, everyone will have our decision. So I hope everyone wanted a brief evening. MR. DUNHAM: Point of information? My name is Jim -- be glad to. Just a question for yourself, sir. MR. STEC: Yes. I -- I -- I didn't catch your name. MR. DUNHAM: My name is Jim Dunham, 2210 Mountain View Way, Catskill Bay. I understand that if you both agree, the process will go to a vote. If you do not agree, then you will submit your decision, in writing, and the process stops -- EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 . 23 18 MR. STEC: That lS what the attorney MR. DUNHAM: until who knows what happens; lS that correct? MR. STEC: That lS that lS correct. That lS what Bob Hafner stated. MR. DUNHAM: Thank you. MR. STEC: You're welcome. Okay. We thank everybody for attending this evening. And the hearing lS closed. Do you have --? MR. HARDT: I have just have a question. MR. STEC: Sir, you've got to come up to the microphone, Slr. Thank you very much, though. And again, your name and address, for the record and jot it on that pad. MR. HARDT: Fred Hardt, 113 Assembly Point Road, Lake George, obviously. Just a follow-up question on what Jim said. If you and the Supervisor from Fort Ann decide that the petition isn't valid, I assume you -- you would have to provide a checklist we engineers like to call it a punch list -- of why it wasn't valid. MR. STEC: That would come out, explain EILEEN M. SHARP, COURT REPORTER (518) 251-2841 · 1 2 3 4 5 6 7 8 9 10 11 · 12 13 14 15 16 17 18 19 20 21 22 · 23 19 one way or the other on the decision, whether we felt it was valid or not valid. I would assume some -- a letter like that would MR. HAFNER: Do you want me --? MR. STEC: I would just as soon have our attorney answer that. He can probably answer it better than I can. MR. HAFNER: Did you want me to answer that? I can. MR. STEC: Yeah. Yeah. I think -- there's two people that have asked a similar question MR. HAFNER: Okay. MR. STEC: -- so where do we go from here. We've closed -- Bob, we've closed MR. HAFNER: I'm sorry. I'm not trying to hit you. Bob Hafner. MR. STEC: We're still on the record. We closed the hearing and we now said that we have ten days to make our decision. If you could just elaborate on what happens from here, Bob. MR. HAFNER: Okay. The -- the next step lS for the two town supervisors to make their EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 . 23 20 decision. Their decision has to be made within ten days. The written decision has to be filed with the Town Clerk within fifteen days. So they have an additional five days to put it in writing and to get it filed, if they want. Their determination has to have at least a brief summary of the reasons why they think the petition is or is not valid. Well, is not valid, or just a decision that it is valid. So that answers your question, I think. They have to have an explanation of -- of why, if they find that it is not valid. MR. HARDT: Just one follow-up question. Do we have any recourse after that? MR. STEC: There's always recourse in the u.s. All kinds of recourse. There's there's a court system. There's -- I mean, there's all -- there's a very complicated legal process. MR. HAFNER: Yeah. There is a process for judicial reVlew, but it is not usually towns -- municipal attorney's job -- EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . . 12 13 . 21 1 MR. STEC: Correct. 2 -- to outline that to the MR. HAFNER: 3 people. 4 MR. STEC: That's why I was being a little 5 flippant with -- with that. While -- you're 6 right, there is an opportunity In the court 7 system. 8 I just want to make a personal MR. HARDT: 9 we're not antagonists comment. I mean, we 10 or we're we we we'd like to work with 11 whomever. But MR. STEC: Yes, Slr. MR. HARDT: -- we -- we need a solution 14 on that. 15 MR. STEC: And we're -- we appreciate 16 that. 17 MR. HARDT: Do I have to -- do I write 18 that 19 MR. STEC: Yes. On the -- just make sure, 20 on that pad. All right, everyone. Thank you 21 very much for comlng this evening. And I'll 22 adjourn the meeting. 23 (The meeting was adjourned at 7:24 p.m.) EILEEN M. SHARP, COURT REPORTER (518) 251-2841 . . 12 13 . 22 1 2 CERTIFICATION 3 I, EILEEN M. SHARP, residing in the 4 Town of Johnsburg, County of Warren and State of 5 New York, Shorthand Reporter and Notary Public In 6 and for the State of New York, do hereby CERTIFY 7 that I recorded the preceding matter at the 8 time and place herein stated and the preceding 9 is a true transcript hereof to the best of my 10 knowledge and ability. 11 ______~-/JÎ~~-fZ4p------ 14 EILEEN M. SHARP 15 Dated: September 18, 2005 16 17 18 19 20 21 22 23 EILEEN M. SHARP, COURT REPORTER (518) 251-2841