2015-04-06 MTG 12 REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 1
REGULAR TOWN BOARD MEETING MTG#12
APRIL 6TH, 2015 RES#128-141
7:00 P.M.
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN DOUG IRISH
COUNCILMAN WILLIAM VANNESS
TOWN COUNSEL
ROBERT HAFNER
TOWN OFFICIALS
PRESS
POST STAR, LOOK TV
1.0 PUBLIC HEARING—Proposed Local Law To Amend Queensbury Town Code
Chapter 179 Entitled "Zoning" Relating to Water Extraction and Transport
PUBLICATION DATE: March 13, 2015
SUPERVISOR STROUGH-Tonight is a public hearing. We are not going to act on this. It is
only a Public Hearing. We can't act upon something unless the Adirondack Park Agency acts on
this. After they act, if they approve it, then we will continue our public hearing. Then the Board
may decide to act on it or not. I believe some Board Members had some thoughts. I am going to
have Just Beverages come up next and give an overview of what they are proposing, but before I
do that any Board Members wish to speak?
COUNCILMAN IRISH-For the public's knowledge I am the third Ward Councilman. This
project is within my Ward. I do want to let the public know that I have met with both Just and
with the neighbors in the area up there to talk about what we can do to alleviate the concerns that
the neighbors have and see if we can move this project along in an acceptable manner to
everybody. I think we're probably closer to an agreement than we are further away. We are still
far enough away, but we are still far enough away that both sides want to be here to present their
sides of the issues. There is still some language that has to be drafted to make sure that
everyone's concerns are taken care of I did want to let the public know that we have been
meeting. We have on-going discussions, or at least to speak to, Dave Judkins at least once a
week with the folks at JUST probably every other week or so we are in contact. I just want to let
everybody know that it is not the Town Board just sitting back and doing nothing in letting this
occur. We are actively involved in the process and trying to actually play some role in the
mediation and mitigation for the concerns that the neighbors had in the neighborhood there.
SUPERVISOR STROUGH-Thanks Doug. Any other Councilperson wish to say anything at this
point in time?
COUNCILMAN CLEMENTS-Just to say I don't know about the other Council Members, but
Doug and I were up there quite a while ago and we looked at the site and we're familiar with the
area up there.
SUPERVISOR STROUGH-Is there a representative from Just Beverages who would like to
speak to the board and public tonight and give us an overview of what they are proposing.
JIM SIPLON, CHIEF OPERATING OFFICER OF JUST BEVERAGES-I have a number of
other people with me that I will introduce at the time that they speak. I want to thank you and
the entire Town Board for the opportunity to once again go through our plans with the intention
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of trying to educate everyone with as much as they could possibly take about what we are
proposing to do to make sure that we are fully transparent while we answer any questions. There
are two or three areas that we were going to cover as quickly as we can. The first thing I wanted
to do was just point out something that I think is probably well understood, but I think is worth
entering into the record, which is that the City of Glens Falls has been harvesting water from this
particular not like watershed, but from this particular parcel of property since 1873. I don't
believe that is in dispute. We certainly found plenty of evidence of it within the archives of both
the City as well as the Town. There are some pictures here that we were actually provided that
shows some of the initial work that was going on in the later 1800's. It is important I think for
everybody to understand that is not an accident. We were specifically when we came here
looking for a place where water extraction was already being done and where we could find not
only the example that water is available but through practice it was already available to us.
These are the pictures from the 1800's; these are the pictures from last week. The site really has
not ever developed over a hundred and twenty five years. I think that is a result of really good
land stewardship there; that is our intention is to keep it exactly like this. This is, I think, the
state that people have come to know and enjoy here. One of the things that I think is not maybe
well understood is the fact that it is LC-10 designation. While it does have the work land
conservation in it, it allows many currently allowed commercial uses. There are roughly (20)
twenty uses allowed today, of which at least (14) fourteen are commercial. We have shared a
few pictures of some of those that are currently allowed in LC-10. The first is wood harvesting
that is actually going on across the street and maybe two hundred (200) yards further up from our
proposed well site this is happening today. This picture was taken last week. On that particular
day there were a handful of tree toppers there. There were a handful of trucks that were used to
extract and pickup those logs. There was a steady stream of logging trucks taking that particular
days harvest away. I believe this has been going on for many, many years. All I am doing is
articulating the fact that it is a currently allowed use and it has impact. In addition, of all of the
various commercial uses we pointed out several which I think there are examples in our own
community that can give us a contact of what its impact will be. Things like sawmills, chip mills,
campgrounds I think we can understand not just by visualizing but by actually looking at existing
facilities that are like these in our own community as to what the impacts of those might be. Not
only would it be a steady stream of truck traffic, it would be significant in terms of its land
impact. This board is designed to show this is not current it is at least two weeks old when there
was snow, but this is what it looks like up at the well site within the last two weeks. This is the
way it will continue to look based on our proposal. This is an existing roadway which we did not
alter in anyway, don't propose to alter it in anyway, don't propose to significantly do anything
except maybe put some pavement on the first fifty (50) feet of it, a hundred feet (100) maybe.
This is the actual well itself. It is protected. It would be very hard to find if you didn't know
exactly where it was. This is an area that we propose to site temporary containers. This is an
artist depiction of what that temporary container would look like. In fact, we have gone to the
Planning Board and suggested they can help us design the camouflage scheme that we will use.
Our intention on all of this was to choose every aspect of what we proposed to exist with the
current landscape to the greatest degree possible. I was heartened to hear the language in the
proposed zoning law to further articulate those things. We also believe that it is not only in our
interest, but the community's interest to develop sites like this in a minimal way completely
consistent to what exists. Our intention has been to spend a lot of time trying to design things
that would do that in a way that would be difficult for people to ascertain visually from a sound
standpoint or a mission standpoint. In addition, much of the dialogues that we've had with the
community some of the concerns that have been raised, unfortunately, don't have to do with us
they have to do with the water industry at large and have to do with what I termed as big water.
They could be any number of large scale brands in the questions and dialogues we've had with
people in the community. They sometimes refer to certain brand name companies, Nestle is an
example. There is a class of water developer; I know this from working in the industry that is
often times viewed as a proxy for whom and what we are. What we thought might be useful was
to help understand who are we in relation to big water. The most recent application was made in
the State of New York for a large scale water development by a bottler. It was in downstate a
community called Kingston. That plant, which is publicly available, called for an initial draw
between three hundred and five hundred million gallons a year. I offer no judgement on whether
that is good or bad, I only offer that to you as an example of what a typical large scale water user
is attempting to develop. Our own document, which is part of the record, it is available at the
City of Glens Falls website. It calls out for ten to twenty five million gallons. In fact, in the
entire life of the agreement it is kept at a hundred million. In other words, under no set of
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circumstances including the various planning parameters that I am going to go through tonight,
could we ever withdraw more than a hundred million. The current thing that we are allowed to
do at all is ten (10)to (25)twenty five, which is a tiny fraction of what we are talking about in
terms of a classic bottle water operation. In addition, packaging that we are proposing is made of
renewables. Why is this important? Why does it matter that our competitors package primarily in
plastic? It is important because it is oftentimes been alluded to that we might be acquired by one
of these larger entities. I try to help people understand how unlikely that is to occur. We are
essentially the antithesis of what those companies are not only in size, but the fundamental way
we go to market. If a Nestle were to buy us they would essentially be saying our billion of
dollars of investment in plastic is not where we should be. Instead what we are going to do is
take a tiny fraction of the water that we would normally bring to market; we are going to put it in
paper and we are going to somehow pretend that that value story does not interfere with our
primary value story. I think it is easier when you understand that to understand how unlikely it is
that we are going to be acquired by a large bottle water maker today. Well beyond the packaging
comes the fact that we are currently paying in our contract seven times the largest commercial
rate available in Glens Falls, which is one of the most expensive water markets in the northeast.
If you look at the water contracts that organizations typically associate with big water are part of
their cost per gallon is tiny fractions of what we are currently proposing or actually on contract to
pay the City of Glens Falls. In fact I was sent an article today with Nestle's Plant in Sacramento
as an example of a Plant that is under fire. The amount of what we're paying per gallon here in
Glens Falls is eighty (80)times what that Plant in Sacramento is currently paying for its water.
This is another reason why big water is never going to buy our business because that agreement
would fundamentally alter the economics of their entire business. Finally, we've already put into
the record commitments on both volume and size of our trucking operation, of our tempo, none
of which are going to be attractive to anyone, all of which, the limitations would apply too. I can
assure you that Nestle is not interested in an operation that is going to now make no more than
twelve (12)truck trips a day with a truck that is a fraction of the size of a typical water tank.
They are going to look at those limitations and say those are unacceptable. Some people have
eluded to the fact, well then they will try to renegotiate the agreement, I don't know what to say
here. The contract itself is one that is if water is extracted and it is using our contract it is done
under the terms that we have already agreed to that transfers. Whatever stipulations that are
placed on us in the planning process here in Queensbury would transfer. I think what I am trying
to do is help people understand that we need to evaluate not only us as a business, but water
extraction in the context of the zone in terms of the protections that are specific here because
they are well thought out. They are actually pretty good in fact; I am hoping that I can share
some independence about how good they are. This chart is trying to depict the fact that there are
multiple parties that have an overlapping and redundant kind of regulatory oversight over not
only us, but typically any water operation, but certainly this one. Let's start with the State. We
have already discussed in the proposed language of the zoning law itself. The DEC and the
Department of Health both have a Charter to review this. They are not only reviewing our
project, they would review any subsequent project in terms of its volume and all the parameters
that you heard. There are thresholds associated with where they engage, at what point licenses
and permits are required, all of which have been adhered to by us. All of which would have to
be adhered to by any subsequent applicant. In addition the municpalities themselves have
authority. In our case Glens Falls Planning Board is the one who has issued the limitations
associated with our operations within the City itself in our operational facility. We are in the
process of engaging the Queensbury Planning Board for whatever those appropriate limitations
might be, as the well site. In addition, sometime there are additional restrictions, which are
applied in the case of our operations within the City. There is an additional deed covenant that
has been agreed to by us and by neighbors that further restricts us beyond even the stipulations of
the Planning Board itself and that possibly exists here as well. Finally, the Water Agreement
itself has many limiters, not only in terms of total volume, but in terms of the obligations that we
or anyone else would have in terms of monitoring, reporting, potentially reducing our draw,
paying more for the water, basically any concern that anyone ever raised during the process of
what would happen during a drought. If there are water restrictions applied to all the customers,
they would apply to us. What would happen if the water rates increased, those rates would
adjust to us as well? What would happen if the City themselves said we actually are going
through a drought and we are going to restrict peoples use by maybe ten percent, and tell them
not to water their lawns, but because you are paying so much for water we don't actually want to
restrict you because it wouldn't be in our monetary interest to do so. The agreement even speaks
to that. It says that it is not allowable. If there are restrictions applied to the community, they
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must apply to whoever it is who is holding that license. It is important to understand that the
license can be...at any point if we or whoever is the licensee does not adhere to those
requirements. There is no extensive legal process to cancel this contract. If we are not in
compliance then the City has the right to cancel the contract. It is not like a lease. It is not like a
deed. It doesn't go through the same kind of legal hurdles and time. It is a thirty (30) day Cure
Notice, make good or you are done. All of these things are not accidents. The reason they are
not accidents is because we spend so much time going through all of these potential issues that
people in the community have already raised legitimate questions and concerns with, and in fact
we didn't do this by ourselves. One of the very first people that we engaged in the process was
what we believed to be the most creditable, knowledgeable Hydrologist in the area, Kirby
VanVleet. I actually brought him here tonight because I want him to be able to speak not only to
the process that we went through briefly, but also to the proposed zoning requirements in terms
of their adequacy as well.
KIRBY VANVLEET-I am a Principal Hydrogeologist with Hansen VanVleet, LLC. I have been
practicing hydrogeology for over twenty five (25)years. I am also a Queensbury resident for
over twenty five (25) years. We were retained by Just over a year ago to assist them in locating a
viable groundwater source. It has been quite a process. I am just going to go through briefly
what the process to locate a water supply well is; then we can talk about how the impacts are
evaluated. We were asked to look for a groundwater source on the extensive Glens Falls
Watershed properties within the Town of Queensbury. Basically we looked at the entire
watershed properties from the Halfway Brook Reservoir area all the way up to the properties on
the mountain. We identified that the area between Glens Falls and basically the mountain where
West Mountain Road is, is underlain by a thick sequence of sand and limestone bedrock. Neither
one of these formations are conducive to the quality of water that Just was looking for in their
bottle water source. So, we advanced up the mountain and looked in the granite basically
Adirondack granitic type rocks. They basically offer much better water quality for a bottle water
product. They are softer, lower PH, lower TDS, lower alkalinity, and basically make it very
desirable. These two geologic areas are separated by what they call the McGregor Fault, which
runs along the front of the mountain basically at West Mountain Road. In determining what area
was the best to look at we determined if we had to look up on the mountain to the west of West
Mountain Road to find the water quality that was desirable. Basically it involves forming a
fracture trace analysis, which is using aerial photographs, geologic maps, satellite maps to try
and determine where factors are located that may be water bearing. Once we performed a
fracture trace analysis, then we looked for properties that met the following criteria. You are a
fracture, you are accessible with minimal environmental disturbance, and they met the
appropriate DEC and Department of Health setbacks. We located four test wells that met those
criteria. One of the big criteria was minimal environmental disturbance, so you have to take that
into account. We drilled four test wells; one of them looked to be an optimal quantity and
quality of water...source. The other three were minimum and wouldn't offer the quantity that we
needed. So with New York State Department of Health approval, we moved forward and
installed the well and tested it. It tested out at a sustained yield of forty seven (47) gallons a
minute. It is not a lot of water, but it is enough water to satisfy the needs for a bottle water
source. To put that in context if that well at forty seven (47) gallons a minute were pumped
twenty four (24) hours a day seven (7) days a week, would be equivalent to two (2)to five (5)
days of water produced by the Town of Queensbury. In the context of how much water
Queensbury using is a very very small fraction. We have prepared a Hydrological Report, which
then was submitted to the Department of Health. This is a Hydrological Report I think it is on
your website it has been submitted to the Town. A big part of this Hydrological Report was
basically evaluating the quantity and the quality of water but more so potential impacts.
Basically we did a pumping test, which pumped the well for seventy two (72) hours straight
while we monitored draw down within the well and two (2) adjacent observation wells. One
observation well in particular was located eight hundred and seventy five (875) feet away, and
we saw no impacts at a distance of eight hundred and seventy five (875) feet. Nearest residential
well is over fifteen hundred (1500) feet. So we don't anticipate based on the data there should
be any impacts to any adjacent residential wells. Also the nearest residential well is at a lower
elevation; the surface elevation at the nearest residence is lower than the aquifer zone that we are
producing. When a New York State DEC Water Withdrawal Permit is required, the New York
State DEC requires a full impact evaluation. The Department of Health looks at the water
quality, and New York State DEC looks at the quantity and potential impacts. There were even
some concerns over impacts to reservoirs, Glens Falls City Reservoirs. That was a concern that
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was voiced specifically. Some people mentioned that the water level right now is so low in the
reservoir they thought there were impacts occurring already even though water hasn't been
produced. I talked to Steve Gurzler, City Engineer, last week and I want to read a quote from
him. "The water level in Butler Storage Reservoir is currently lower. It is part of our normal
operations. We've been maximizing the use of the reservoir system to supply water to the City
and to make capacity available for snow melt and spring runoff." So basically they lower the
water level so that in the spring the reservoir can fill back up. The condition of the reservoir is
normal and has not been impacted by the well. We are currently drawing close to nine hundred
(900) gallons a minute from this source in accordance with the regular operations. Even at the
reduced level right now the reservoir is still able to supply nine hundred (900) gallons a minute.
They have their other reservoir shutoff right now; so they are producing exclusively from that it
is probably thirty (30) feet below the spillway, back to DEC. Any withdrawal permit is going to
require long term monitoring. Department of Health again will look at quality and DEC looks at
quantity and impacts. I reviewed your proposed Zoning Amendment language and I feel that
with DEC oversight, Department of Health oversight, and your stringent restrictions that you are
proposing that there is going to be a significant protection to the aquifer and any other
groundwater users.
COUNCILMAN IRISH-Is drawdown review part of that oversight?
MR. VANVLEET-Yes drawdown is basically when you are doing the pumping test you are
measuring what the level in the well drops to. But you are also measuring what the level in the
adjacent well drops to like; I mentioned we didn't see any drop....
COUNCILMAN IRISH-Is that an ongoing oversight on going for that as well?
MR.VANVLEET-That would be included in moving forward.
MR. SIPLON-Regardless of whether you pass your zoning change or not we are already required
to do that by the Water Agreement we have with the City.
MR. VANVLEET-DEC regulations are very stringent in that a new groundwater user cannot
impact any adjacent users.
MR. SIPLON-I am not going to go over it too much detail I simply want to make sure that
anyone that has some questions realizes that the current time we tried to put the facts that Kirby
shared into context. The amount of water that we are talking about in just the City's Watershed
roughly four thousand (4,000) acres in the most conservative year that we were able to study in
the report you will see more details about this. In the most conservative year it produced three
billion gallons of which the City extracted one point three billion gallons of leaving in that most
dry year one point seven billion gallons still within that watershed. What we are proposing is ten
to twenty five million gallons worth of extraction or less than one percent of the figures of just
the excess that is left. If there are additional questions people want to go through this
hydrogeology in more detail, we are also prepared to do that. In fact we invite people to come
down to our facility and talk through any aspect of this as much as they want. The last thing that
I wanted to do was to just briefly cover some protections not necessarily protections, but
solutions that we've already made to the Planning Board as potential mitigations. It is important
that everyone understands these are not just being dreamed up now. These are results of
conversations with the Community, which we have been engaged in for many months,
specifically in Queensbury since January. We had a public meeting in this room alone to invite
anybody that had any thoughts or questions or concerns to come here nearly a hundred (100)
people came. We subsequently met with neighbors up in the Butler Pond Road area. We
canvased that neighborhood several times. We met many people at our factory and we've been
through a series of both Town Councils and Planning Boards. In that what is the essential details
of that that have emerged? The number one thing that we heard and that we began to design
around was a much smaller truck. We are not talking about a form factor that is similar to the
typical water tanker or even the logging truck that is currently moving up and down that road,
but one that follows the form factor of a fuel oil truck. We did that deliberately because we
believe that has navigated these roadways the roadways of this Community without incident for
many years. The second thing we did was committed to essentially a tempo schedule that
matches very closely to daylight hours. At the last Planning Board Meeting we actually lowered
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from our application originally submission of a maximum sixteen (16)trips a day to (12)twelve.
In fact it is going to take us several years to get to that tempo. What we are suggesting is that
even at the max output of our factory there would never be more than twelve (12)trucks trips a
day. In addition we've talked about both electrifying the fleet as a potential mitigation strategy
as well as developing an alternate pumping station on West Mountain Road. We have had a lot
of dialogue about that. We continue to have dialogue about this. We are deep in a problem
solving process with the City about this. The City owns a right-a-way that we would have to
utilize as well as it is one (1) of two (2) potential properties that we could potentially bring the
water to on West Mountain Road. That process itself is extensive and one that we actually see
this as a very elegant solution overtime; however, that process still has a long way to go. What
we are proposing right now is to move forward with the business as we proposed as a way of
developing the means to actually enact that change. Finally, from listening to the concerns of
residents in the Community at large we built carve-outs around school bus times and things like
cross country use of the roadway. We have actually engaged with Queensbury Schools to try to
define that. There are more, but what I wanted to do was to at least make people aware of the fact
that there are already as a matter of the record within the Planning Board process a series of
mitigations that have been proposed. I guess the last thing that I wanted to do was we have met a
lot of people in this process. Some of them come to these meetings very diligently some do not.
What I wanted to do was actually have two of my team members Steve Major, Director of
Engineering and Melissa Frank, Director of Operations both life time, long time, residents of this
area speak specifically to the relationships that they have developed.
STEVE MAJOR- I am a Hudson Falls resident actually an employee for Just. I have been
employed with Just since October and I was born and raised in Granville. I have been sitting in
the back of the room for a lot of these meetings. I actually asked Jim if I could come up front
and speak both as an employee and as a local resident and member of the Community. I spent
nineteen (19) years at Angio Dynamics and NAMIC before that. I was also one of the guys that
has talked. I have mountain biked and hiked up around the reservoir, so I use that area. I enjoy
the area, I enjoy the peacefulness of it and I also want to preserve that area. Jim approached me
back, I think in August of last year and we started to talk about the opportunities with Just. As a
father of four with children that are close to going to College, one is in College I was skeptical. I
was scared of it to be honest with you. It is a Startup Company. There is some uncertainty that
goes along with that. As we discussed, the Company and my role, it kind of won me over. The
principals of Just I think align with mine. As he mentioned early on, it's not, a big Water
Company. The Company is trying to do things responsibly. They are trying to change things to
some extent to a great extent on how the water bottling community works. From reducing
environmental impact as he mentioned the packaging using paper as opposed to a hundred (100)
percent plastic. The processing we are committed it is a lot of fun coming into work because
there is discussion about the use of solar energy, use of wind power, use of alternative energies,
use of hybrid trucking to bring the water down. This is stuff that I haven't talked about, but as an
Engineer it is exciting to talk about this stuff. The Company is committed to this stuff. That is
what gets me excited about it. The other thing is that Jim and I talked about months ago was
how a lot of big Companies are trying to save money any way they can. A lot of times that is
exporting some of their sources to overseas or south of the border. Just even though they are a
LA base Company they are going against the grain in that they are committed to using local
services, providers. On that board you see the sign of community relations. Some of the biggest
contractors, Gross Industries and Rozell Industries they have been a big part of this. Their
involvement they're team members they are almost family members at this point the way they
have been involved. I haven't developed relationships like this again, I was at Angio Dynamics
for nineteen (19) years. I can honestly say I didn't develop tight relationships with vendors in the
Glens Falls Queensbury Community like I have with Just in just the five months that I have been
here, so it is exciting. I truly believe they won me over and I believe that they are committed to
doing things the right way; otherwise I would have not signed on with them. I kind of got side
tracked here. All this ties back into what we are really talking about today is zoning of the area.
It is appropriate is it not appropriate. I think it goes in line with how Glens Falls currently uses
the area. I also think that it is a better alternative to a lot of the approved uses for that zone now.
MELISSA FRANK-I was born in Glens Falls I have resided in the area most of my life. I am the
Operations Manager at Just Beverages. Again just like Steve I have been there since October;
just a really short background. I am an Environmentalist. I have an Environmental Biology
Degree. I have been a local Teacher, I have a Teaching Degree. I think most importantly, I am a
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Mom. I think that what Just has tried to do is important for the next generation, not just ours
now. In regards to my ideas, my background, my life; it is a great fit for me. I think it is even a
better fit for the Community at large. Just Beverages works very diligently and strives to do
everything the right way. They try and make a positive impact in everything they do and
everybody they touch. Again, like Steve said all the community relationships that we have
formed everyone that I have talked to in the last couple weeks just saying we like to use your
name on our board they were just thrilled to be a partner with us. That is what they thought it
was a partnership. We have been engaging schools. We started that many months ago.
Obviously we have not sold a bottle of water yet not close to doing so, but they have made a
commitment to the local Schools to work with the local schools to develop a curriculum. We
work closely with SUNY Adirondack, Glens Falls City Schools, and Queensbury Schools, in
hopes of developing a curriculum to use in the schools integrate the local schools and the
students with the facility. We actually have a couple letters of support here from local Schools
from the head of Schools from Glens Falls, SUNY Adirondack. We are also working to develop
an internship locally in order to employ local students and to give them some experience before
they head off to College. In closing I just feel like if a Company such as this one is not allowed
to operate in this area, I am not sure who we are going to attract and what jobs our children are
going to have.
SUPERVISOR STROUGH-Is there anything else?
MR. SIPLON-Not from us, I imagine there is more from many others.
SUPERVISOR STROUGH-I have been to every meeting Jim, I lost count.
MR. SIPLON-This is twenty two (22) for us.
SUPERVISOR STROUGH-I am not there, but close. One of the things that I have heard from
you in the past that I haven't heard tonight, is your basic concept your low carbon footprint
ideology behind the Company.
MR. SIPLON-I feel like since I've said I have attended twenty two (22) meetings people are
tired of hearing about it. There are in fact I will leave the board up so that people can take a look
at it. There are many fundamental precepts to who we are and how we operate. The fundamental
one is the same one that Melissa touched on, which is that we seek to make everything better. In
our particular binocular that means trying to make the bottle water business a more responsible
better place. That manifests itself in a variety of ways. These are some of the more important
ones we leave to the Community. You've heard from us about the fact that we make a
commitment to buying local. We spent well over a million dollars in the last six months with
local vendors and continue to spend that money. It is a nerve racking thing to start out to spend
money when you don't yet have any income. The vast majority of our investment is staying right
here in the local area. Our fundamental precept is to not only change the way that water is
package using a primarily renewable package rather than all plastic. It is also to change the way
the water is harvested, the way the water is valued, the way the water is brought to market, the
way the water is brought to our process. That is ambitious. We are trying to change all of those
things simultaneously. I have to tell you, there hasn't been as big a challenge as just navigating
the process that we have been engaged in both Queensbury and Glens Falls. We believe that
both are fundamental. We are a transparent business not only in terms of how we propose to
operate in processes like this, but in terms of how we actually operate. In fact people can test on
us that because they can come down to the Factory where we took the former choir loft from the
St. Alphonsus Church. We have turned it into a permanent viewing gallery. Those doors will be
opened during business hours every day that we are opened. People can come in and see what is
going on. They will be able to talk directly to us. They will be able to figure out for themselves
whether or not they think this in the thing we represent it to be. In addition John and others have
mentioned our commitment to sustainability. We believe that not only does water need to be
harvested in a more sustainable way we believe that we can be much more aggressive about
integrating clean technology into everything that we do. So when we talk about hybridizing our
fleet, I have already engaged seven (7) either large truck vendors or engineering firms with
proposals for actual work to hybridize our initial truck. We don't just talk about it, we've
already done it. We are spending money on that. We have spent money on developing a plan to
put solar both at our Factory, but also up at the well site. We spent significant time and energy
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 8
trying to sort out how we could bring smaller applications of clean technology including many
developing new clean technology ventures that are out of places like MIT, out of Silicon Valley
to our process. We probably spent a third of our time doing that. There are other things about us,
but what we do propose to be is to be better. We leave it up to the public to determine whether
or not we will deliver on that promise. John I'm sure that lots of people have lots of place to go
tonight. We promise that we will make ourselves available not only to you and the Board for
continued dialogue, but for also anybody here who has questions, but I am certain that they have
some things to say to you as well.
SUPERVISOR STROUGH-Are you saying that Wisconsin is going to pull it off?
MR. SIPLON-I am wearing Queensbury blue tonight, but I can tell you I have Duke in my pool.
SUPERVISOR STROUGH-Any Town Board members have any questions at this time?
COUNCILMAN VANNESS-John I don't have any questions, but I've got to say that I have
been on both sides with Doug listening to both sides of this. I have to say that Just Beverages
have really stepped to the plate to do the best they can. I know that it is a lot of trust in what they
say that we have to have. Pretty much everything they have said from the said from the day I
first toured the plant before the machine even arrived; I think was the first time I toured the plant
down there to where they are now. I was down there a couple of weeks ago and talked to Jim
and met some other people down there as well. I think they are starting to have a legacy. They
are starting to say that this is what we intend to do and we started to watch where they are going
and where they are headed. I really like what I am seeing right now. The neighborhood it
appears to be starting to come together as well as far as what some of their concerns were. I
really think this is going to come to fruition. I am looking forward to it.
COUNCILMAN IRISH-I would agree with Bill to the point that I had a very good meeting with
the neighbors up there last week. For me it is about being reasonable. I think that they would
agree I know we are going to hear from Dave and some of the folks when they come in about
what the expectations they have of Just. I met with Jim and Mike and conveyed the concerns to
them as well around the reasonable response. I think both sides are really trying to work hard
towards coming to an agreement between themselves. I know that JUST is going to be in front
of the Planning Board presenting their application. The folks in the neighborhood certainly want
to be represented.
SUPERVISOR STROUGH-They might be.
COUNCILMAN IRISH-They might be. I think from a reasonable standpoint, I think everybody
agrees that they don't want to see the land abused up there. John and I served on the Committee
that fought against Indian Ridge many years ago and I looked at that from the same perspective.
There should be a reasonable use of the land that doesn't impact the neighbors negatively over
time. I think in the end we wound up with a good project there and hopefully if we move
forward we will see the same result here.
DOUG AUER, 16 OAKWOOD DRIVE-This is very interesting. I have been following this in
the newspaper for some time. This is de'ja'vu for me, Doug knows this. I was involved as an
Engineer for Adirondack Pure Springs Mountain Water who you will never hear of This from
what I am seeing here is a really good project. I don't say that just because of what they said, but
what I understand about hydrology and whatnot. From a hydraulic standpoint this is not a threat
to the aquifer in any way based on the numbers they are talking about. You would have to draw
waters of magnitude and more water. The only concern that I have there is a way to easily
mitigate this is to do what they said they are planning to do and that is to put a pipeline down
through the easement. Then you put a filling station in down at the bottom and minimize the
truck traffic up and down the hill. Everything that they said tonight talking about TDS, cones of
depression, cones of influence, all that sort of thing makes perfect sense. I am sure in the
documentation that the hydraulist has put forth will make some sense. You guys know that I've
been on the other side of things. This is one of those things. If you were bottling air you be
about in the same category of impact here from this. As I say, the only real problem that you
might have is the trucking and I don't have an opinion on that really. When we did this project
in Chestertown we proposed a pipeline similar to this that didn't go anywhere for a couple of
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 9
reasons. One, they didn't want to push the issue to much because the water wasn't of the greatest
quality and two; it wasn't of the greatest quantity. We did put a pipeline in a facility. We had a
land lease with Lake George. The problem up there was quite honestly the developers the people
that were doing this really wanted to float an IPO that only became clear to me after about five
years. It cost me twenty thousand dollars of my own money that I had invested in time,
materials, and whatnot. The good news is that none of the vendors in the area got stuck I made
sure that they all got paid. You know the Lake George Recreation Facility up there that came
about through the ninety thousand dollars that these guys had paid for the three (3)year lease the
land lease. I actually wrote the contract that existed for Lake George and I wanted to make sure
that there....it cost me twenty thousand dollars, but they got ninety thousand out of the deal. It is
so strange I am hearing the same concerns about my well will go dry and things of that nature in
JUST. It is just not possible. As I say, I think this is a good project. I love the fact that they are
going to produce this locally. I suggest talking to Finch Paper because I know that Finch has
some niche product that might work very well. You probably are already doing this coded papers
and whatnot. It might work very well with what they are talking about doing. That would be
very helpful to them also. You could essentially have a vertically integrated business in the area
and do some really good things. I will say this also. If you guys have any questions that you
wonder about things that they may be saying to you call me I would be happy to come in and talk
to you. You know that is I don't know something about something I am the first one to say I
don't know about it, but I can tell you who does. I offer that as a gimmie for you. I am retired I
have lots of time. I'm not going any place as long as I don't pull anymore hamstrings. I have
no connection to them at all I don't know any of them from a bag of beans.
RICHARD INSERRA, QUEENSBURY-One quick point. No matter how green the bottle water
is it is not as green as pipe water, municipal water. You better keep that in mind.
TERRY HOWK, 45 THUNDERBIRD DRIVE, QUEENSBURY-I have a couple things that I
thought were nice that I heard today from Mr. Siplon. There is something going on in California
right now with Nestle Bottle and Company in two different spots. They ran into a drought.
When they moved in and started bottling water everything was fine. Even though California is in
a drought, they continue to take the water today while houses are running out of water. There is
nothing in there to say you have to stop, so they are not stopping. I believe this Company looks
like a good Company, but it is a ninety nine year lease. How many Companies do you know
survive for ninety nine years. Who is going to be in here in twenty years, thirty years?
SUPERVISOR STROUGH-Terry, it is not a lease. It is a license and it can be revoked.
MR. HOWK-Okay. I also find and I went into the Water and Sewer Commission Workshop
Agendas for City of Glens Falls. You will find out that Butler Storage and Butler Pond were
both down in November and December 2013 long before the runoff to catch the runoff water as
they specified tonight. It was down twenty one (21) feet and they shut them down both times so
the water does fluctuate. The water does go down. That is something that you can look up on the
Glens Falls Agendas themselves. The water has dropped to a point in July one time that the
feces count went up so high and the water count was so slow that the Department of Health made
them go to another reservoir; I believe the one off of Keenan Reservoir.
COUNCILMAN VANNESS-I think that is our question Terry. We've have asked that question
too, in reference to the monitoring. They are required to continuously monitor that. If it
fluctuates, then they have to fluctuate their draw supply as well. That is part of what the
monitoring is going to do as well.
MR. HOWK-Also, I have seeing that I work at the School I went and talked to the
Transportation Assistant Supervisor and got a signed thing of when the routes are in that area,
which I have enough copies for everybody here. It looks like they go from 6:30 a.m. to 9:00 a.m.
After nine there are buses until 1:45 p.m. and then they run until 5:00 p.m. They listed the routes
and where the buses go. They do fluctuate a little bit depending on weather and different stuff,
but that is the way the routes are set up.
SUPERVISOR STROUGH-Terry would you please give a copy of that to Deputy Town Clerk,
Karen O'Brien.
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 10
JIM MACKEY, TOWN OF QUEENSBURY-Is there anything in the Conveyance or
Agreements so far that restricts or controls the type of fuel that is used in these trucks or that
would use in any engines that are located up there?
COUNCILMAN IRISH-Not in the documents, but they stipulated in their application. Maybe it
is not even in the application what they are going to use for...
MR. MACKEY-My question would be would they be, willing to accept in addition, that in this
case if the hybridizing doesn't work out that they only use propane or natural gas like City
Buses do for their truck and for any engines located up at the well site? Jim would you accept
that kind of a condition?
SUPERVISOR STROUGH-Both Jim's, I don't want a dialogue. Jim you've stated something.
You had a very good question. We will see if we can get it addressed later.
MR. MACKEY-I would like to see that pursued by the Town. Jim would you accept that kind of
a condition...
SUPERVISOR STROUGH-Both Jim's, I don't want a dialogue. Jim you've stated something
you had a very good question we will see if we can get it addressed later.
MR. MACKEY-I would like to see that pursued by the Town.
SUPERVISOR STROUGH-Thank you.
TOWN COUNSEL, HAFNER-That would be a Planning Board issue, not Town Board issue.
SUPERVISOR STROUGH-It is a site plan issue. It is a good issue Jim, but that is something for
the Planning Board under site plan review, but I will still have Jim speak to it okay at the end of
the meeting.
MR. MACKEY-Thank you.
SUPERVISOR STROUGH-Anybody like to go next?
ALAN SNEDEKER-A relatively recent resident of Glens Falls although I have been coming up
to Trout Lake since I was six months old. I have a couple comments. One, I did some online
research. One of the first things you will find out is that water now is like gold. If any of you
have researched the value of water today, I would suggest you do it on line because there are
zillions of that links that talked about it. Goldman Sacs is now buying water. When you have a
contract with somebody that says we can sell to anybody I'd rather see the contract say we can't
sell to anybody because to say we are never going to sell is really questionable. Mr.
Schermerhorn did something like that it was rather remarkable. He was building a restaurant out
at the Airport at the end of the year. He is going to give back five percent of his income that the
restaurant earns. There is nothing like that in this plan. How many of you have studied the
pricing of water used to bottle water anybody? Doug mentioned some facts or some figures that
I looked at. I found a four hundred page review of the water business in France of all places. It
stated that the average price of a liter of water is a half a cent to one point six cents. They are
almost four liters to a gallon. If I am correct, I understood that for the first year they are going
to pay six cents a gallon is that true?
COUNCILMAN IRISH-Their agreement is with the City. We're talking about the Town of
Queensbury. We do not have anything to do with the contract that they have in the City for
pricing.
COUNCILMAN VANNESS-That is what they are paying the City of Glens Falls not the Town
of Queensbury.
MR. SNEDEKER-That is right. They are paying the City of Glens Falls six cents (6) a gallon for
one year and one (1) cent after that. Is that correct?
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 11
COUNCILMAN VANNESS-That is a City contract, I don't know.
MR. SNEDEKER-Someone has to know.
COUNCILMAN VANNESS-We can ask that. As the Supervisor said we can ask that when he
comes back up. That strictly is with the City of Glens Falls. That is the City of Glens Falls. It is
their property. They deal with the City the contract they have. What we are dealing with is the
zoning for that area the roads, the property not the water.
MR. SNEDEKER-Does it bother anybody here that there was no public hearing by the City of
Glens Falls?
COUNCILMAN IRISH-I cannot speak for what the City did down there. Our public hearing is
about the use of the property not their contract with the City.
MR. SNEDEKER-Let me say this regardless of that fact that what you said doesn't make any
sense to me because six (6) cents is exactly what is paid on the highest price per liter. When you
multiple it times four (4) you get six cents. In other words some manufacturers are spending six
(6) cents per liter and we're paying six (6) cents per gallon. They are paying six (6) cents per
gallon for one year and then it drops lower than the average price that I researched. I did send a
message to you with some of those facts.
CHRIS FEZZA-AVIATION ROAD, QUEENSBURY-I am a driver. I was kind of relieved to
see the size of the trucks that are going to be going up and down that road. I was afraid it was
going to be a forty six or a fifty three trailer navigating those roads. Having driven those trucks I
can tell you it is not an easy task especially in the winter. The smoke and mirrors part of it the
twelve trips a day it is going to come to that, but it starts off with sixteen trips a day, which is
really thirty two. Unless the trucks are going to park there overnight those trucks have to turn
around the same day. I am not for it, against it. The truck traffic I am a little concerned about
because I do live on Aviation Road. I am concerned for my neighbors down on Corinth Road.
That is a sharp turn to take twenty four (24)times a day to the ultimate goal, but really thirty two
(32)to begin with. I think Glens Falls should be a little bit more concerned with the truck traffic
down there because those people are in for a nightmare. I work out in Johnstown right next to, it
is funny no one has brought this up not even; you talk about Nestle in California and everything
else not even fifty (50) miles away there is Crystal Geyser. Crystal Geyser is a at the source
Water Bottling Company. I can tell you first hand just by looking at it you can't even tell the
place is there other than the facility itself. Where the wells are they are so far removed from the
place they didn't disturb the landscape other than some logging that had to be done to facilitate
the pipes. Aesthetically, I am not a water drinker out of a bottle I drink from the tap I grew up in
Jersey this is what we did.
COUNCILMAN IRISH-It is the same Hudson River up here.
MR. FEZZA-You have a lot of knowledgeable people here. I mean there are water tables; ph...
my concern is if they did all their homework so far, right they are looking into clean fuel vehicles
like the blue type trucks that we drive. Great they are looking into pumping stations and such,
which I think maybe, would be cheaper just to run a line right to St. Mary's St. Alphonsus
underground and just be done with it. We don't have to worry about the roads, the traffic; we
don't have to worry about what Queensbury residents are going to get out of this deal. It sounds
like it is just my take on it, it sounds like this is probably going to go through. What are we
going to get out of this deal? Are we going to get sidewalks all along Corinth Road? Are we
going to get sidewalks on Aviation Road past the School? I don't understand what they are
asking us to amend something that has been in place. Now, like the logging truck then the
chipping, pictures, and everything else, but it is seasonal, it is temporary. You can put up with
snowmobiles going past your house because it is wintertime because you know that snowmobile
season is going to end. When he brings up examples like that it just kind of murkies the water a
little bit. When you trust them, they seem like reasonable people. I am for all business. I am a
Conservative Republican. The truck traffic, if they are going to take all the time to do this, why
don't they just wait a couple of years and say, you know what the pumping station is the way to
go. Granted, you need to buy property from us or whatever the case or make some kind of
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 12
coalition with Glens Falls. Easy Street, I know some of the residents I used to deliver there. That
street has to be redone before they even take an ounce of water out. A fifty three thousand pound
truck it is going to sink. It is just going to happen. Like I said, I am not for or against what is
going on. Really if they are that proactive then okay, don't put up a sign that says twelve trucks
when really it is sixteen and the goal is twelve. This is what we are being sold, on so why don't
they dot their I's and cross their T's a little bit better. I am impressed with the truck it is going to
be water truck maybe that is the reason for the sixteen. Maybe by expanding the axles back they
can put more water on a truck and still be able to make those turns, but then weight becomes a
factor. Is there going to be a separate fund they are going to put into our coiffures for our roads
so my taxes don't go up?
PETER AUST, PRESIDENT AND CEO OF ADIRONDACK REGIONAL CHAMBER OF
COMMERCE-In the spirt of full disclosure I was born in Glens Falls and unlike Melissa, I am
not a Mom I am not even a Dad. I do have a dog and I have illegally gone up to Butler Pond and
walked my dog, but I am here really in support of Just Beverages and the application to amend
the zoning in the Town of Queensbury. The Adirondack Regional Chamber of Commerce offers
its strong support of this plan. We represent approximately eleven hundred businesses in the
greater southern Adirondack region, and five hundred of them being in the Town of Queensbury
alone. We have demonstrated over the years a long history of advocating for entrepreneurial
enterprises in our region which create new opportunities, employment and an enhanced qualify
of life for residents and visitors alike. Just Beverages has, in just a few short months,
demonstrated their commitment to our region through their extensive due diligence including an
ecological study of our natural resources, a substantial investment in real estate for innovative
adaptive reuse, a commitment to vital job creation and finally seeking a cultural understanding of
our area to provide a pathway for success. The well thought out business model as outlined in
their plan and pro-forma clearly provides for an environmentally-friendly light manufacturing
facility in our region. The plan also contains new and innovative ideas that will attract visitors to
this tourism region of New York State. Just Beverages is clearly committed to operating a craft
beverage company that continues the tradition of entrepreneurial leadership and includes their
dedication to utilizing products from local sources and hiring local individuals to operate and
manage the enterprise. This much needed employment in our region is vital to sustain our
economic growth as we continue to emerge from the depressed economy. In addition, Just
Beverages has made a commitment to ensuring the environmental and quality of life impacts,
their transportation operation will have on the area will be as minimal as possible to preserve and
sustain our community. The Chamber is confident that with these commitments and the wisdom
and collective knowledge within the Town of Queensbury and the City of Glens Falls how have
respectively shown their desire to work collaboratively in the spirt of inter-municipal cooperation
to benefit the greater good of both communities and the entire region this business model will
become a valuable asset to our community going forward. To that end, we fully support the
proposed zoning amendment that they seek from the Town as it is designed to clarify and
confirm that the water extraction is an allowed use consistent with what the City has been doing
as a preexisting use on the property for more than a hundred and twenty five years. Additionally,
the water agreement Just Beverages has committed to with the City provides a significant
revenue stream that will enable the City to maintain the watershed property as open space while
repairing its water distribution infrastructure, specifically leaking pipes. Repair of these pipes
will ultimately save more water than is currently or will in the future be sold to JUST. That's
win-win, both in infrastructure repair and water savings, coupled with sound inter-municipal
cooperation. The water agreement also requires the City to maintain the watershed in essentially
the same condition as current use. For example no mass land selloffs for development, no clear-
cutting for nursery or farming operations, etc. It is also restricts the City's ability to sell water to
others—Just Beverages has an exclusive agreement on that. With all these positive benefits to
our greater community, it is the sincere hope of the Adirondack Regional Chamber of Commerce
that the Town of Queensbury provides its full support of this entrepreneurial endeavor. A little
side note just reflective of the fifty plus Town Board Meetings and Workshops that I have
attended at the Chamber Executive and some in Saratoga County. When visionary leadership
was needed to develop a little small project down there in Malta called Global Foundries it was
indicative of leadership to mitigate all of the impacts that thing has. To their credit and to the
credit of the leadership of this Town and to the City of Glens Falls I think that you have the
capability and the capacity to do just that and approve this wonderful company that has chosen to
locate here in our region and create much needed employment and a positive economic impact
here in the community. Thank you very much.
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 13
DR. DAVID JUDKINS-286 BUTLER POND ROAD-I am a member of the Queensbury Land
Conservation Coalition which currently represents about fifty (50) residents in the Town of
Queensbury. I'd like to start, first of all, by thanking all the Board Members for all their time and
effort you've put into this, in particular, our own representative, Doug, thank you very much for
doing everything you've done. I don't necessarily agree with everything you say, but I appreciate
your time and effort.
COUNCILMAN IRISH- My wife is like that too Dave.
DR. JUDKINS- Yeah, I also want to go on record, and this is from me, personally, I'm not
against Just Beverage. I'm not against them bottling water. I'm not against them operating out of
Glens Falls where they do. What I want to impress upon the Board is process, and I want to deal
in facts, that's what I think is missing here. So, if we take a step back, how did we get here? The
City and Just entered into a commercial business contract, agreement, and lease, whatever you
want to call it to commoditize and commercialize water resources in the water shed property in
the Town of Queensbury on Butler Pond Road. The City sold their water rights to Just for a
period of ninety-nine (99) years or leased, however you want to put it, for five thousand dollars
($5,000) a month. Just then began site renovations on Butler Pond Road without required permits
or permission. The citizens learned of this and began to question what was going on. It was not
Just that brought it to our attention as was suggested earlier. I brought these issues personally to
the Board and if I don't misrepresent, I believe the lawyer said, it's a bit of a surprise to us, we
didn't know that this was going on, and asked Just Bev to stop until they had appropriate
approval. So again, I'd like to just clear the air and talk facts. So if we take a step back and peel
back the layers, is Just Bev not obligated to research all aspects of State and Town laws and
zoning before they got started and before they invested all their money that they've invested in,
but now want folks to feel sorry for because they can't pump water yet. Their bad business plan
does not mean that it's the fault of the Town of Queensbury. Just also noted that they did,
including tonight, that they did extensive test wells; that were completed before concluding that
the best water location to meet their marketing plan and marketing image was in the most
restricted zoning in the Town of Queensbury, land conservation neighborhood zoning. The
Comprehensive Plan of the Town of Queensbury states, and I quote, "make zoning rare, rezoning
should be rare and only take place if it forwards the goals of the comprehensive plan of the Town
of Queensbury". The land conservation neighborhood zoning is specifically defined as an area
that adds to the rural character of the Town and should be protected as such. Does this meet
those two (2) requirements? Are we moving with the Comprehensive Plan of the Town of
Queensbury forward, I guess that is up for you to decide? Does this project add to the rural
character of anywhere? Does JUST Beverages poor business plan require the Town of
Queensbury to retrofit its Zoning Law to fit their plan? That's what seems to be happening to me.
Why are we doing this is perhaps a better question yet? Why don't we simply say no you will
have to use your second third or fourth best site from all the tests wells you did. They already
testified that some of them are on the west side of West Mountain Road. Some, I presume were
even on property that may even lie in the City of Glens Falls. Why aren't we asking them to use
that because they can't get the exact volume of water they need. Why don't we ask that? Why
don't we just say no pick another spot it is not in our zoning. How does this benefit the Town of
Queensbury, because we are going to get more trails to walk on in the area of Butler Pond Road?
If this project is allowed to proceed it will legally encumber the Town of Queensbury for ninety-
nine years (99), four(4) generations, and you have no control. Your children, and your
children's children, and your children's children's children; four (4) generations have no control
over who it is sold to. If you turn to Page 2 (two) of the handout I gave you, there is the
appropriate copy of the Contract or Lease whatever you want to call it between the City of Glens
Falls and the Town of Queensbury; number twenty one (21) states. This Agreement may be
sold, assigned or transferred by JUST without any approval or consent of the City to JUST
principal, affiliates, subsidiaries of its principal or to any entity which acquires all or
substantially all of JUST's assets.
COUNCILMAN VANNESS-Dave you said this is a Contract with the Town of Queensbury it is
not a Contract with us.
DR. JUDKINS-I meant to say the City of Glens Falls. What actually is missing Bill is the Town
of Queensbury where the property lies in by fiat you will be encumbered by this going forward.
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 14
This is a venture capital company in the business for the purpose of making a profit for its
investors, plain and simple. There is no crime in that, but the Town still must evaluate the
benefit and risk especially the legal risk if this Contract in anyway exposes the Town to liability
going forward. There are numerous examples of venture capital companies selling out to large
conglomerates leaving it with the Municipality to deal with them. A specific example of this is
in Fryeburg, Maine about four hundred (400) miles from here page 3 and 4; I provided you the
information for that. There have been ten (10) years of litigation with a large water company
that essentially goes like this I am paraphrasing you can read it. Every time that Municipal,
which agreed to sign the Contact the Town of Queensbury didn't even agree to sign this Lease or
Contract, every time they told them no, Nestle sued them every single time. Ten (10) years of
lawsuits I only provided you one page of it. It has literally changed the fabric of that Town. I
have asked at both the Town Board and the Planning Board for anyone to please contact the
representative of the Town of Fryeburg, Maine at least for doing due diligence to what questions
might you need to ask before this is allowed to go forward I would again, ask that you do that.
Less than five hundred (500) miles from here, no drought they signed the Contract in this case
we did not even sign the Contract. I have also enclosed for you on Page 5, a copy part of an
Article published in the Post Star back in January. I bring this up because at the Planning Board
Meeting it was referenced to JUST Beverages and Mr. Siplon's bio. His bio was also referenced
this evening so I think it is fair to point this out. Mr. Siplon says he doesn't see how they will
ever sell to a big conglomerate. Put it in writing take that part of the contract out. If you look at
the bio in the last nineteen (19) years he has been with seven (7) different companies in seven (7)
different positions. If history is any teacher why should we expect that we will be dealing with
Mr. Siplon good or bad or JUST Beverages in the next three (3)to five (5) years it is right there,
and by the way only six (6) of those are in the Water District. Regarding safety issues we need
the facts not figurative language. Not the number of trucks to start. Not what we might do where
we might go. When I first spoke to Mr. Siplon on January 6th I am glad to provide you with my
notes he told me and I quote "we are going to use electric trucks and two to three thousand
gallons per truck and a couple of trucks a day to start". I doubt he would tell you what he told
me wasn't true meaning that he did say it. I don't think he intended it not to be true, but it
certainly has changed. As of the last Planning Board Meeting it ended at twelve (12) round trips
a truck not three to four thousand gallon trucks. Not two to three thousand gallon trucks, four
thousand gallon trucks. JUST told our coalition when he met with us on Butler Pond Road that
they had the capacity to run a thousand gallons per hour at the Plant. At four thousand gallons
per truck that is six (6)trucks a day for twenty four thousand gallons per day and a thousand
gallons per hour. Why are we up to twelve (12) the math does not fit the facts don't fit. Asking
to start higher makes no sense. How much do the trucks weigh? At the Planning Board Meeting
here Mr. Siplon says the trucks weigh fifty four thousand pounds not what type of truck, not the
way the truck verses the way of the water. There was a picture of the truck with the second axle
characteristically partially cut out of the picture. You couldn't tell it was a double axel that was
brought up at the meeting. Well, here are some facts. Water weighs eight point three four
pounds per gallon at four thousand gallons that is thirty three thousand three hundred and sixty
pounds. Diesel fuel weighs twelve pounds per gallon. If you add those two together and a ninety
gallon fuel tank you are up to about thirty six thousand pounds. Unless those trucks only weigh
nineteen thousand pounds something is not right. I don't know what it is. What I am asking the
Board to understand is, we don't have the facts. What about traffic, over and over and over
again we've heard the term steady stream of trucks up and down this road. School buses, semis,
were discussed at one point and so forth. I figured, and John this is the part that will be near and
dear to your heart. I figured how can we solve this and how can we get some data. I actually
had a camera installed in my front window, which looks right out over Butler Pond Road. For
seven (7) straight days from seven to seven I recorded every vehicle that went by and hand
counted every one of them. I am happy to provide you the worksheets for every day the exact
time every vehicle came by. I am happy to supply you with the actual footage it is on flash drive,
it is on Page 6, and I would ask you to look at. If you look, I divided it up between mail
vehicles, which the mail trucks go up and down. Log trucks, large trucks, municipal vehicles of
any kind and the second one are supposed to be not pedestrian vehicles, but personal vehicles.
Let me just back up for a second and talk about log trucks. There has been a lot of discussion
about the log trucks up and down Butler Pond Road all the time. My wife and I spoke to the
owner of the Company that does the logging business with the City of Glens Falls the City of
Glens Falls pays them to log. He told us hopefully someone will look it up its important that
they are there four (4)to six (6) weeks per year and not every year. In fact next year they are not
going to log on Butler Pond Road at all. They are going over to Potter Road so maybe we can put
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 15
that to bed. As far as the trucking traffic goes, if you look at this data let's take Friday the first
date March 27t1i. One (1) mail vehicle, one (1) log truck, one (1) large truck, one (1) municipal
truck, fifty one (5 1) personal cars, trucks, or vans. If you add it all up you will see that the largest
trucks there were on any given day was seven (7)this is while the logging is going on. A good
portion of those for whatever it is worth were support vehicles for the logging industry, but I
choose that week and I am willing to live with it. If you do the math and you divide seven (7)
days by the total number of trucks and that even includes municipal trucks it was thirty seven
(37). If you divide that by seven (7) days a week it is five (5)trucks a day. If you compare that
to twelve (12) rounds trip trucks a day, which is twenty four (24)trips that is a five hundred
(500) percent increase in the number of trucks up and down that road. At the Planning Board
Meeting they didn't have this data. They didn't ask for it. They spefcially said there would be
minimal or no impact when they were discussing the SEQRA. I would say that five hundred
(500) percent increase in the number of trucks up and down any road is a significant impact. If
you take out the logging trucks, which are only there four (4)to six (6) weeks per year and not
next year it is about an eight hundred (800) percent increase in the number of trucks. I certainly
hope no one will question my integrity in these numbers, but if you do I am happy to give you
the worksheets, flash drive, and I am happy to have a Bible and say it again. Going forward can
we please deal in facts and facts only? Earlier tonight for example it was said "we are only
going to pave fifty feet (50) of that road maybe a hundred (100) feet". What is big is not
determined by where you start how big your water company is it is where you are going. Not
what you are currently proposing, but what is likely to occur in five (5), ten (10) years. What
would it become if they are bought or sold out, he says it is unlikely. Put it in writing take that
part of that lease out that you have a say if they sell out to somebody else. They are paying seven
(7)times the current market value that other folks pay for water to the City of Glens Falls. I
have one question what does that matter to the Town of Queensbury, I don't think anything.
"Big water is never going to buy our business", that is what he said. Put it is writing, let's make
it a fact. If we are not in compliance the City can cancel our Contract not the Town the City. Put
it in writing. What if the Town doesn't think they are in compliance, can you cancel it? No
steady stream of traffic the schedule and I quote "very close to daylight hours", what does that
mean; put it in writing just say daylight hours. Piping water down to the other side of West
Mountain Road "will be an eloquent solution over time". That is what was said right here. What
does that mean? I am asking you as my representatives, what does that mean? An eloquent
solution over time? I live up there. I don't want an eloquent solution; I want facts. No one is
questioning the integrity of any contractor that is on that board over there. Anyone who thinks
that a Company that has put this much money into what they are doing and calls up a contractor
and says, do you mind if I put your name on that board isn't going to do it and think that it has
some significance; I have some water I'd like to sell you can we focus on the Town of
Queensbury as we go forward? We heard over and over and over again the negotiations that
happened with the City of Glens Falls. What is in the lease with the City of Glens Falls? Simple
question that I would like the Town Board to answer to all of us; what is in this for the Town of
Queensbury? It is a fundamental question it doesn't mean you shouldn't do it, but at least it
deserves to be answered. I will close. I would just like to say that the issues of safety of the road
have been brought up numerous times. I honestly don't think they get the press that they should.
I don't know it I provided this to you or the Planning Board. If it is redundant, I apologize. On
Page 8 and 9 there is a letter from a member of the Adirondack Runners and one of the Cross
Country Coaches in the Queensbury School who aren't opposed to JUST Beverages aren't
opposed to their trucks. They do say that there is some concern about safety in that road that is
used. You all probably saw the editorial that was in the Post Star which greatly minimized that.
Maybe they didn't see the Memorial in front of the Queensbury School for the child that was
killed on Aviation Road many years ago. The safety issues are not going to go away Butler Pond
Road is not a safe road for those kinds of trucks. More importantly and lastly the intersection at
the corner of Butler Pond Road and West Mountain Road is designated high risk. I've told you
before the signs have been changed multiple times and we are now going to have let's say fifty
four thousand pound trucks just to be agreeable stopping at a dead stop getting off that mountain
and having to get up to speed as it turns on to Aviation Road. If you look at the Department of
Transportation numbers and there are graphs for this I can provide it for you if you want to. A
truck of that weight will take approximately two thousand feet to get up to forty five (45) m.p.h..,
which is the speed limit of that road that is about a third of a mile. That is an already high risk
intersection that should give pause. It is a safety issue. In addition to that, if you don't like that
number there are other ways to calculate it. It takes the average truck driver according to the
department thirteen seconds to change those gears. Just to get up to the gear they need it is forty
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 16
five (45) m.p.h. a third of mile. Now you have these heavy trucks turning off that from that dead
stop turning right almost certainly going to encroach into the other lane and it is going to take
them a third of a mile to get up to speed. There are four accidents a year there. That is from the
Undersherif£ It should raise the question what do we need to do to mitigate that? I haven't said
a word about quality of life. Do I want all those trucks up and down my road no? Would I want
those trucks stopping and starting thirty feet (30) from my doorway, which is what Mr.
Martindale has? They are going to stop thirty (30) from his front door twenty four times (24) a
day. I am not mentioning quality of life for a reason, but the safety issues the factual issues they
need to be addressed. I am not going to call this smoke and mirrors, but please can we just deal
in facts going forward and specifically address the safety issues. Thank you.
KATHLEEN SONNABEND-I have a philosophical problem with selling water because I
believe it belongs to the Community. I am with our friend from New Jersey; I think we should
be teaching our children to drink tap water. Aside from that listening to all of the comments it
seems to me that we can solve a lot of problems if they just put the pipes in. I am wondering if
anyone has taken a look at how much it would cost to run those pipes? Maybe it's not as
expensive as they might assume. Then they can eliminate all these issues about the safety and
noise and the traffic and the stress on the roads things that Queensbury will be suffering from
and have no control over. As far as potentially facing a new buyer who is a big corporation and
dealing with legal issues; I had some recent experience with that and it is really tough when you
are up against deeper pockets. I would hate to see the Town in that position so I think that is a
very valid thing to consider if there is any way to mitigate that risk for the Town of Queensbury.
SHAWN CRAINE, BUTLER POND ROAD, QUEENSBURY-A lot of my sentiments have
already been expressed by some other folks, so I don't want to repeat. The game starts in ten (10)
minutes. I think I want to stress one thing in particular and that is, what's in it for me? What's
in it for us? What's in it for Queensbury? The way I see it according to the numbers I heard,
thirty six thousand pound trucks barreling down Butler Pond Road at a five hundred percent
increase. I live on that road I am extremely concerned of my safety for my family and my
friends that come and visit me and my children. I didn't move there knowing that there would be
these trucks barreling down the road. If I had, I would have not moved there. This is a big
concern of mine and I want to stress that I am taking this very seriously. I was not at the
meeting that Doug held for our Community Group.
COUNCILMAN IRISH-I didn't take any offense to that either.
MR. CRAINE-I was traveling I wished that I could have been there. I was wondering if you
could highlight what was discussed.
COUNCILMAN IRISH-We talked about trips per day a different way of accomplishing those
trips without making them round trips through the same stop sign. We talked about the trigger
point at putting a pipeline in that we thought would be agreeable to everybody. I think there was
a fourth point, I think it had to do with improving the roads for the local traffic because of the
shape the roads are in. There wasn't a lot of discussion. There were four points that seem to be
the main points that we were looking at. The number of trips, one way traffic instead of going
round trip up and down the road just one way and come back out the other way to Exit 20, which
would mitigate some of the traffic on Corinth Road as well as West Mountain Road. That
information was conveyed to JUST. I know Jim took that out to California with him this
weekend while he was out there to talk to the Board. I think along with the comments from all
the folks tonight there is probably somewhere in the middle there in agreement to be had
between the coalition and JUST that would make that agreeable for everybody involved is my
guess. If not there are other remedies that are much more costly and certainly wouldn't want to
get in the middle of that with you.
MR. CRAINE-I heard that you said that the City can if we don't agree to JUST truck water the
City could just start trucking water themselves...
COUNCILMAN IRISH-What I said was the reason that we are doing what they are doing is
because right now we don't have any way to force, probably the wrong term to use Bob, but
anyway to force a review of the process if the City wanted to go up there and start dragging
water off that property. They have been doing it for, however, many years they have been doing
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 17
it for. The Town of Queensbury doesn't have within our Code anything that defines that so that
we can have them go through Site Plan Review, which is why we are here talking about it
tonight. I don't know if you want to talk to that Bob about the reason we are adding a definition
for extraction here based on what we don't have today.
TOWN COUNSEL, HAFNER-This is not an allowable use under our current zoning for a
private business to extract water. If the Town Board thinks that is an appropriate thing to
consider allowing this isn't just going to apply to JUST Beverages. It is a zoning change. It is a
change Town-Wide that is why you spent so much time in coming up with the very specific
things the Town Board might consider having in there and have Site Plan Review the Planning
Board as part of it.
COUNCILMAN IRISH-Per currently the City could do exactly that....
TOWN COUNSEL, HAFNER-Currently that may be an argument they may make.
MR. CRAINE-So the City can start trucking, water barreling trucks down Butler Pond Road
without any approval from the Planning Board or going through Site Plan Review.
COUNCILMAN IRISH-That is our concern.
MR. CRAINE-Isn't a municipality treated the same as a commercial entity?
TOWN BOARD-No.
TOWN COUNSEL, HAFNER-We aren't saying that. We're saying that they might take that
position.
COUNCILMAN VANNESS-We're saying they could, but this will help our defense it gives
us...
COUNCILMAN IRISH-This actually insures us the ability to review the process put in some
mitigation measures, but the City could say we're going to truck the water ourselves.
TOWN COUNSEL, HAFNER-If they did it would be a fight between two municipalities. I
think that is something that this Board wanted to avoid.
MR. CRAINE- Thank you. Just to highlight one other thing. I work for a small diagnostic
company, happy go lucky, we're going to change the world. We have a new diagnostic out on
the market it targets ...with the diagnosis of diabetes we're going to change the world. We went
out there, we got boots on the grounds. Three years later guess what, our competitor buys us a
giant conglomeratic. They take our IP, they squash it. They continue with a current inaccurate
method because they didn't want to deal with us so it happens. Jim said it is unlikely, but there
is always that possibility. I want to stress that it was something that David said was we now
have the ball in our court. We have some power. What is in it for us? Let's really think about
that. I am really concerned about the trucks coming down my road the safety. I hope you all
represent me and our concerns.
MR. SNEDEKER-Didn't the gentlemen who made a presentation for JUST Beverages say he
was going to answer questions? Didn't he say that? Then where is he? That is a concern of mine
because when somebody says I am going to answer questions and I have a whole bunch of them
and he is not here.
COUNCILMAN VANNESS-He is here.
MR. SNEDEKER-Then why didn't he answer?
SUPERVISOR STROUGH-We will go through the whole process then if he wishes to come up
and respond.
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 18
CHUCK BARTON, QUEENSURY-I am a resident of Queensbury. I am also the Chairman of
the Economic Development Corporation of Warren County. I am here tonight also because of
my kids. I have three kids in Queensbury. I worry about the future of communities. I believe
with strong business are healthier communities. We have a unique opportunity here and I worry
that if we turn away this opportunity there are going to be other opportunities and the long term
health of our region will decline, if, I can turn to my letter. The people of Queensbury and all of
Warren County have a wonderful sense of pride in their communities. This is a great place to
live and work. As such, we want to attract talented businesses that appreciate the unique
qualities of our region and can invest and create jobs here. We have that with JUST, and we
should not let this opportunity slip away. JUST is a visionary business that could positively
influence the water industry and grow to be a noteworthy employer in our region. We remember
when medical device manufacturing was a start-up and now look what the industry has done for
our region. JUST is a business with integrity. Jim Siplon and others have taken a community
based, grassroots approach to locating their business that we rarely see. They proactively make
themselves available to anyone and everyone who has expressed interest in their project. This
company is engaged and seeks to problem-solve. They have collaborated with stakeholders to
learn and understand concerns, and have made real, actionable commitments to address the
concerns. They have agreed to reduce total vehicle trips by twenty five (25) percent to just
twelve (12)trips per day, and all during daylight hours. They have committed to common-sense
limits on vehicle traffic to accommodate school bus and cross country running club schedules.
They committed to providing payment in advance for any road repairs. They have sourced a
smaller water truck and have begun the process of sourcing a hybrid vehicle to further reduce
noise impacts. These actions, along with the company's visionary business model, exemplify a
company we want to locate and invest in our region. The proposed zoning amendment, to add
"water extraction" as an allowed used in a Land Conservation zone is consistent with what the
owner of the property, the City of Glens Falls has been doing as a pre-existing use there for more
than a hundred and twenty five (125) years. What is more, there are a number of commercial
and quasi-industrial uses that are identified as "allowable uses" within the Land Conservation
zone, including sawmills, pallet plants and sportsmen's clubs. JUST's impact will be far less
than those types of facilities. JUST is simply utilizing a well to pump water into small water
trucks that will drive down to Aviation Road a maximum of a dozen times per day. Over the
past twenty three (23) years, EDC Warren County has delivered assistance to businesses
responsible for impacting more than five thousand (5,000)jobs and more than $480 million in
new investments across the region. Our goal is to facilitate public-private partnerships focused
on driving private-sector business investment. We work to deliver solutions to existing and new
businesses considering investing here, with a goal of building a vibrant economic and social
climate. Economic development is a collaborative endeavor. Communities regularly work
together to attract businesses. Glens Falls has worked diligently to enable JUST. If Queensbury
does the same, the region will be rewarded with new jobs. Collaborative development leads to a
healthier local economy. The EDC believes wholeheartedly that projects like JUST will attract
other innovative companies to the region, and that communities and government should not shy
away from some controversy. The proposal from JUST offers this community an opportunity to
show other prospective investors that Queensbury and Warren County are good places to locate a
business. We need to be a forward thinking community committed to long-term prosperity and
success. We hope you will join us in supporting JUST Beverages. Thank you
RICHARD INZERRA, QUEENSBURY-The quality of life and business opportunities services
are inversely proportional. We have a nice quality of life here, but we don't have big City
services or big City opportunities. It is a tradeoff. If we keep trying to get big City opportunities
and big City services we will lose our quality of life.
RUBEN ELLSWORTH, QUEENSBURY-Small business owner in the Town of Queensbury.
Again I think their concept their philosophy, everything they put into this, they seem to be a very
good company. As a small business owner in the Town of Queensbury, that is what we are
looking for. They are environmentally friendly. There are a lot of businesses that come into the
area. Some of them have their pluses and minses I think they have way more pluses, way more
pluses. Again, as a small business owner I think it is a great idea.... A truck impacting, I own an
Excavating Company a concrete business; I think the truck impact is very low. Again, they are
in and out of there. The hazards that some of them are talking about is not there. I don't see the
hazard with the truck traffic being a big issue at all. I have a lot of bigger trucks than they are
talking about. The road is designed for it. They have plenty of stopping room, plenty of room
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 19
to...across the road without having a big impact. I think some of that is a little farfetched. Again
as a local citizen, as a small business owner I am for it.
SUPERVISOR STROUGH-Anyone else like to speak? Will the applicant for this amended
zone, proposition like to speak to any of the questions that were raised by the public at this time?
JIM SIPLON-I am sure you are all suffering from JUST fatigue. I want to make sure that we
reiterate the same thing we've said. The gentlemen here talked about our access and availability.
We talked to a number of people here tonight about coming to see us. Just as many of you who
have questions have come down to visit us, not only showing you what is going on down at our
facility, but we've sat down and answered any of your questions. We will answer anybody
questions at any time. We are available there almost every day seven to seven. I would
encourage anyone to ask questions especially so they can go.... I have already talked to Doug a
little bit and will talk to others to get their specific questions answered. There are a couple of
quick things that I think we ought to for purposes of efficiency cover real quickly. The weight of
the trucks is fifty four thousand pounds that is the gross vehicle weight that is registered with the
State of New York. That is in our application. We have to provide what is licensed by the State
as the basis for our application. I am certain that there are different times based on how much
water is loaded in it and how much fuel is in it that it might actually differ from fifty four
thousand, but the application is clear about what we supply. In addition our site plan application
goes through every detail of what hours of operation we propose, what exclusions we propose,
and the total number of trips we propose. So there is no ambiguity about any of that. That is in
as a matter of record with the Town already. It is a matter of process with the Planning Board.
We continue to want to work those site issues as collaborativley as we can with people both
between meetings and at those meetings. I want to be clear about the fact that there is no
ambiguity about that. The only reason they change is based on the collaboration and dialogue
that we have with people. It is possible as Dr. Judkins and others have pointed out that in the
evolution of our conversation things move from one point of time to another. We actually are
proud of that. That means that what we were doing is listening, problem solving, and changing,
based on that feedback that we get. I think ultimately we will be as transparent, as accountable
as we possibly can about all of these things. There were many other things said. I am not sure
why it is relevant to how many jobs we've had, but here is the thing that is most important and
most relevant here. When, I was at Fiji Water we developed many of the same concepts that we
have here in Fiji. I am no longer in Fiji. I left there is 2008. Every single thing that I put in place
through subsequent leadership transitions is still in place. The Land Conservation, I put in
the...basin under ninety nine (99) years of preservation and it still exists. The agreement that we
made with the local people in terms of the total withdrawals all of this is easily verifiable. The
issue is whether or not I leave it is inevitable that I will leave. In fact, I tried to share with you
some of the leadership that we are already putting in place here that is from here has always been
here and will continue to be here. It should not be about Jim Siplon. I apologize for anything
that I am doing to create that notion I do know to try to bring some of this to a point, but I am
just the tip of the sphere. Our organization is primarily made of people who are here, who live
here, who have always lived here, who have now committed to a new career path with us. I
would like for you to form as deep a relationship with them as you do me, which is why I began
to introduce them to you tonight. That in no way means that I am not accountable to anything I
say to you. I am as accountable to you as I am to the people of Fiji. When I told people we
would do things, we do them. They are still in place. When I look you in the eye when I look any
resident here in the eye, and I say we will do them, we will do them. You don't have to trust me
on this. That relationship it is built over time. We form that basis of trust based on how we
behave, not how we talk. However, I would tell you that in the City of Glens Falls we have
begun to develop that kind of relationship with our vendors despite the fact that we pay them. I
think you will find a more full throated endorsement from our vendors than maybe is typical
from somebody who is simply doing it for commercial value. In fact if you doubt that, I will ask
Brian Rozell to come up and talk to you again. He may be able to convince you himself.
Ultimately we want to figure out a way in all of these discussions that you lead as a Town, we
want to figure out how we get better. We learned some things tonight that will inform us and
help us. We make ourselves available to you and to everyone else in the room between now and
any other subsequent meetings to make sure that we answer any additional questions. If there are
things that you specifically need, you will tell us and we will get it to you.
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 20
SUPERVISOR STROUGH-Jim one of the items that came up it came up several times how
committed are you to a particular type of truck?
MR. SIPLON-The truck is owned. We purchased it and we already have modified it. It was
more than thirty feet (30) long. We cut it down to twenty eight and a half(28 '/2) feet.
SUPERVISOR STROUGH-It is electric hybrid?
MR. SIPLON-Currently it is a current generation diesel vehicle. The process to electrify that
vehicle is still very much in play. I am trying to find somebody who would be willing to do one
(1)truck with these volumes. The technology exist, however, the product stream doesn't exist so
we are asking people to do something that is not a product yet. However, we have seven of them
interested. We have seven proposals in play. We are moving down that path as hard as we can.
Today I want to make sure I keep...right. Today we have a current generation diesel vehicle. It
was purchased here locally from a dealership in Queensbury right off Corinth Road. It is at their
yard today it can be inspected by anybody. If in some way the picture we showed somehow
obscured the second axle, I apologize. That was not the intention. It means that someone was
actually standing in the wrong place. We took a picture of it that day to try and make sure that
we can clarify to people that it really existed.
COUNCILMAN VANNESS-One of the things that came up is if the electric doesn't come to
fruition like you said it is basically experimental. Is natural gas or I don't know that much about
diesel trucks, can a diesel truck be modified to run on natural gas or LP is that a possibility?
MR. SIPLON-Yes.
COUNCILMAN VANNESS-If electric doesn't come to fruition.
MR. SIPLON-So we initiated with several academic institutions a long-term study project where
we evaluate clean diesel verses LPG, verses a hybrid, verses a fully electric vehicle. We are
evaluating that not only in terms of what is available to us to date, but what will be the total
lowest carbon utility impact of those choices over the life cycle of running a truck. Which is a
combination of how much energy did it take to create the truck. How much energy did it take to
transition the truck to a different drive train? How much energy does it take to operate the truck
over its life cycle? That study has not been completed. We are open to all of those options.
However, it is a strong hypothesis that we believe a hybrid or an electric is going to be the one
that is ultimately the lowest utility footprint of that. We have begun the work to try to find the
technology partner to help us commit to that. In the meantime we have work going on with
engineers both here in the community and in places like Boston, San Francisco, where they are
actively studying this with deliverables to us over the coming months in terms of what our long-
term strategy is. That goes beyond just moving the vehicle from the well site to our operations. It
is also about the way we bring water to market. How do we do that in the lowest footprint
possible. All of this is stuff we love talking about maybe not tonight because I think I want to
respect the fact that you have lots more to do. We will talk about this at length with anyone who
wants to talk about it down in our facility anytime.
SUPERVISOR STROUGH-This public hearing will remain open. We will continue the public
hearing at some future time.
MR. SIPLON-Can I just mention one thing. Doug, I really want to thank you for your work to
try to help find a solution here I know that is going above and beyond. You certainly have been
great in terms of communicating with us. It sounds like you are doing the same with them. We
appreciate all the help so, thank you. Sorry about that.
SUPERVISOR STROUGH-No that's good. Doug did the proactive thing and that's right.
COUNCILMAN IRISH-The only thing I would say a couple of folks have asked what's in it for
Queensbury if we move forward with this. I made the statement to Dave and his group when I
met with them. I am not really interested in what's in it for Queensbury as far as a quid pro quo
to get something approved. I don't think that is being asked of by the City or JUST. I am not
looking at it from the perspective of what can I squeeze out of it if I agree to do this. I want to
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 21
make sure we have a reasonable dialogue about what expectations are and what we can agree on
for both sides. If something occurs out of that after the fact that is great I think that is something
John is working on with the Mayor. I am certainly not interested in any kind of quid pro quos
for approval here.
SUPERVISOR STROUGH-If we have an affirmative from the Adirondack Park before April
20th, we will pick it up again at that time. If we get a negative, then it kills it for now. We will
see what the APA says. Like, I said if they act in the affirmative on the proposed use in this zone
then we will pick it up. Like I said, I am leaving the public hearing opened. If you have any
letters, or questions, or things like that we are still open for that input.
PUBLIC HEARING REMAINS OPENED
2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS
TOM CENTER, NACE ENGINEERING-Spoke to the Board regarding Order Setting Public
Hearing Concerning Proposed Extension No. 49 to Queensbury Consolidated Water District to
Serve Leuci Subdivision.
JOHN SALVADOR-Spoke to the Board regarding Resolution Authorizing Agreement Between
Town of Queensbury and Lake George Park Commission in Connection with Boat Launch
Inspection and Board Wash System.
3.0 RESOLUTIONS
RESOLUTION AUTHORIZING PROMOTION OF FRANK RICCIO FROM LABORER
TO WATER PLANT OPERATOR TRAINEE AT TOWN WATER TREATMENT PLANT
RESOLUTION NO. 128,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury's Water Superintendent has advised that there will
soon be a vacancy in the position of Water Plant Operator Trainee at the Town's Water Treatment
Plant due to the impending retirement of current Water Treatment Plant Operator Frank Lopez, and
WHEREAS, consistent with the Collective Bargaining Agreement, the Water
Superintendent posted the position in his Department, and
WHEREAS, Frank Riccio, currently a Laborer at the Water Department, has applied for
such Water Treatment Plant Operator Trainee position and the Water Superintendent has
recommended that the Town Board authorize the promotion of Mr. Riccio from Laborer to Water
Treatment Plant Operator Trainee as Mr. Riccio meets the requirements for the position, is currently
on the existing Civil Service list for such position and is the only and therefore most qualified
applicant from the Town who applied for such position, and
WHEREAS, the Town Board wishes to authorize the requested promotion,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 22
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion
of Frank Riccio from Laborer to Water Plant Operator Trainee at the Town Water Treatment Plant
effective on or about April 7t1i 2015 at the rate of pay specified in the Town's CSEA Union
Agreement for the position for the year 2015, subject to a ninety (90) day probationary period and
any other applicable Civil Service requirements, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Water Superintendent and/or Budget Officer to complete any forms and take any action necessary to
effectuate the terms of this Resolution.
Duly adopted this 6th day of April, 2015 by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
ABSENT: None
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION NO. 49
TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE LEUCI
SUBDIVISION
RESOLUTION NO.: 129,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.WilliamVanNess
WHEREAS, the Town of Queensbury is considering extending the Queensbury
Consolidated Water District to serve the proposed Leuci Subdivision (Subdivision) on Peggy
Ann Road in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by
Thomas Nace, P.E., concerning the proposed Water District Extension No. 49 to connect the
Subdivision to the existing Queensbury Consolidated Water District water main along the south
side of Peggy Ann Road, as more specifically set forth and described in the Map, Plan and
Report, and
WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's
Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Water
District Extension No. 49, a general plan of the proposed system, a report of the proposed
method of operation, the source of water supply and mode of constructing the proposed water
district extension improvements, and
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 23
WHEREAS, the Queensbury Planning Board, as the Lead Agency, performed the State
Environmental Quality Review Act (SEQRA) review for the Subdivision, which included the
proposed Water District Extension No. 49, determined that the project would not have a significant
effect on the environment and issued a Negative Declaration,
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The boundaries of the proposed Water District Extension No. 49 are as set forth in
the Map, Plan and Report and as follows:
All that certain tract or parcel of land situate in the Town of Queensbury, County of
Warren, State of New York being more fully described as follows:
Beginning at a point in the southerly boundary of Peggy Ann Road, said point being
the northwesterly comer of the Queensbury Forest Subdivision, running thence from
the point of Beginning southerly along the westerly boundary of Queensbury Forest
Subdivision South 06°39'25" West a distance of 926.13' to a point in the northerly
boundary of the lands now or formerly of Carol Mosher, as recorded in the office of
the Warren County Clerk in book 714 at page 258, running thence westerly along the
northerly boundary of said lands now or formerly of Carol Mosher, as recorded in the
office of the Warren County Clerk in book 714 at page 258 North 84°44'01" West a
distance of 624.04' to a point in the easterly boundary of Phase Two of the Oakwoods
Subdivision, running thence northerly along the easterly boundary of Phase Two of the
Oakwoods Subdivision North 05°37'59" East a distance of 61.60' to a point at the
southeasterly comer of Section Two Pheasant Walk Subdivision, running thence
northerly along the easterly boundary of said Section Two Pheasant Walk Subdivision
North 06'36' 59" East a distance of 1074.17' to a point in the southerly boundary of
Peggy Ann Road, running thence easterly along the southerly boundary of Peggy Ann
Road South 66°04'35" East a distance of 655.25' to the point and place of Beginning.
Containing 14.80 acres of land, being the same, plus or minus.
Subject to any other rights, covenants, easements or restrictions of record.
2. The proposed improvements consist of construction of infrastructure to support
the Subdivision, which includes a 6" ductile iron water supply to be installed from the existing
main on Peggy Ann Road along the new subdivision road and dead-ending at a fire hydrant at
the south side of the new Cul-de-Sac. Individual taps to serve each new building lot will be
made to this new 6" water line. Individual taps to serve each new building lot will be made to
this new 6" water line. All new installations and taps will be coordinated with the Town of
Queensbury Water Department. Maintenance of the existing and new facilities will be provided
by the Town of Queensbury Water Department.
3. All new capital costs associated with the installation of the new water supply
facilities, including materials, excavation and labor, will be paid by the Subdivision developer.
There is no cost to the Town or the District for this District Extension No. 49.
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 24
4. The capital improvements necessary for this service area will be provided and
paid for by the Subdivision developer and so there will be no debt service costs related to this
District Extension No. 49 to the District. The estimated annual cost of the District Extension No.
49 to the typical property in the District Extension No. 49, which typical property is a one family
home, for operation and maintenance and other charges (assuming an average water usage)
ranges from $368.55 for a property assessed at $250,000 to $448.45 for a property assessed at
$350,000. There will be no hook-up fees and the cost to construct a water service connection
from the new 6" water main to each new structure and the purchase and installation of a water
meter would be included in the total cost of each home.
5. A detailed explanation of how the estimated costs of the District Extension No. 49
were computed is included in the Map, Plan and Report which has been filed with the
Queensbury Town Clerk and is available for public inspection.
6. The developer of the Subdivision will pay all costs of the improvements so there
will be no financing required by the Town on behalf of the District.
7. The proposed improvements shall be constructed and installed as specifically
delineated in the Map, Plan and Report and in full accordance with the Town of Queensbury's
specifications, ordinances or local laws, and any State laws or regulations, and in accordance
with approved plans and specifications and under competent engineering supervision.
8. The Town Board shall meet and hold a public hearing at the Queensbury
Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, April 20t1i 2015 to
consider the Map, Plan and Report and to hear all persons interested in the proposal and to take
such other and further action as may be required or authorized by law.
9. The Town Board hereby authorizes and directs the Queensbury Town Clerk to
duly publish and post this Order not less than ten (10) days nor more than twenty (20) days
before the public hearing date, as required by Town Law §209-d, and complete or arrange for the
securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of
Notice of the Public Hearing required hereby and to file a certified copy of this Order with the
State Comptroller on or about the date of publication.
Duly adopted this 6th day of April, 2015, by the following vote:
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 25
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr.Strough
NOES None
ABSENT: None
RESOLUTION ENDORSING CONSOLIDATION AGREEMENT
AND SETTING PUBLIC HEARING CONCERNING PROPOSED CONSOLIDATION OF
QUEENSBURY CONSOLIDATED
WATER DISTRICT AND QUEENSBURY CONSOLIDATED
WATER DISTRICT EXTENSION NO. 48
RESOLUTION NO.: 130, 2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, New York General Municipal Law Article 17-A authorizes water and sewer
districts to consolidate into combined districts if such combination "shall be conducive to the
public health, welfare, and convenience and be of special benefit to the lands of the districts,"
and
WHEREAS, the Queensbury Consolidated Water District ('QCWD") was duly
established by the Town Board and has been expanded by several extensions over the past 30
years, and
WHEREAS, occasionally, individual property owners outside the QCWD but with Town
water supply in the immediate vicinity have wished to receive water from the District and have
been purchasing water under contract with the Town as out-of-district users, and
WHEREAS, by Final Order dated February 23, 2015, the Town Board established the
Queensbury Consolidated Water District Extension No. 48 to the QCWD which includes 24
separate, non-adjacent properties that have been receiving water as out-of-district users under
separate contracts ('QCWDX"), and
WHEREAS, water mains and fire hydrants currently exist to serve the parcels within the
QCWDX, no new capital improvements are required and the existing improvements are
maintained by the Town and are sufficient to provide water to the parcels within the QCWDX,
and
WHEREAS, the Town Water Superintendent has studied whether it would be to the
mutual benefit, and in the best interests of the customers each serves, to combine the QCWD and
the QCWDX into one District, and determined that such a combination would create greater
operating efficiencies, provide better service to the public each serves, and generate cost savings
by avoiding duplication in administrative services, and
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 26
WHEREAS, New York General Municipal Law Article 17-A requires endorsement of a
Consolidation Agreement to commence proceedings to consolidate Districts, and
WHEREAS, Town Counsel and the Town Water Superintendent have prepared a
proposed Consolidation Agreement and provided it to the Town Board for its review,
NOW, THEREFORE, IT IS HEREBY
RESOLVED:
1. The Town Board hereby endorses the proposed Consolidation Agreement.
2. As stated in the proposed Consolidation Agreement, the Town Board shall meet at
the Queensbury Activities Center, 742 Bay Road, Queensbury, New York, on Monday, May 181',
2015 at 7:00 p.m. to hear public comments on the proposed Consolidation Agreement and to take
such other and further action as may be required or authorized by law.
3. The Town Board hereby authorizes and directs the Queensbury Town Clerk to:
(a) cause a copy and a summary of the Agreement to be displayed and readily
accessible to the public for inspection in a public place within each District;
(b) cause a copy and a summary of the Agreement and a reference to the public place
where they may be examined to be displayed on the Town's website; and
(c) arrange for the summary of the Agreement and a reference to the public place where
the Agreement may be examined to be published at least once each week for four
successive weeks in the Post Star,
not more than five (5) business days after adoption of this Resolution, as required by the New York
General Municipal Law.
4. The Town Board further authorizes and directs the Queensbury Town Clerk to cause
a Notice of the Public Hearing, including a summary of the Agreement and a reference to the public
place where it may be examined, to be published and displayed on the Town's website not less than
10 or more than 20 days before the Public Hearing, as required by the New York General Municipal
Law.
5. The Town Board authorizes and directs the Town Supervisor, the Town Water
Superintendent, the Town Clerk and/or Town Counsel to take all actions necessary to effectuate this
Resolution.
Duly adopted this 6th day of April, 2015 by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 27
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND WARREN COUNTY TOWARD COMBATING AQUATIC INVASIVE SPECIES IN
GLEN LAKE
RESOLUTION NO.: 131,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 101 of 2015, the Warren County Board of Supervisors
authorized Agreements with certain Towns regarding funding earmarked for combating aquatic
invasive species in publicly accessible water bodies other than Lake George in Warren County
for the year 2015, including $25,000 in funding to the Town of Queensbury toward combating
such aquatic invasive species in Glen Lake, and
WHEREAS, the Town Board wishes to enter into such Agreement and accept such funds,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes an
Agreement between Warren County and the Town of Queensbury regarding $25,000 in Warren
County funding to the Town of Queensbury toward combating such aquatic invasive species in
Glen Lake as delineated above and authorizes and directs the Town Supervisor to execute such
Agreement in form acceptable to the Town Supervisor, Town Budget Officer and/or Town
Counsel, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Accounting Office to take all action necessary to amend the 2015 Town Budget and increase
revenue 051-0000-52189 and increase appropriation 051-8790-4400 by the $25,000, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk and/or Town Counsel take any further action necessary to effectuate the terms of
this Resolution.
Duly adopted 6th day of April, 2015, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
ABSENT : None
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 28
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND LAKE GEORGE PARK COMMISSION
IN CONNECTION WITH BOAT LAUNCH INSPECTION
AND BOAT WASH SYSTEM
RESOLUTION NO.: 132,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Lake George Park Commission (LGPC) has implemented a Lake George
boat launch inspection and boat wash program as part of its efforts to inspect and wash boats in an
effort to kill and contain invasive species, and has requested that the Town of Queensbury partner
with LGPC and other municipalities to assist with the procurement and acquisition of essential
program equipment and support services and associated administrative expenses by contributing
$30,000, and
WHEREAS, by prior Resolution the Town Board provided for the Town's receipt of
occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and
Convention Development Agreement (Agreement) entered into between the Town and Warren
County, and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under
the Agreement are subject to further Resolution of the Queensbury Town Board, and
WHEREAS, the Town Board wishes to provide funding in the requested amount of
$30,000, with occupancy tax revenues received from Warren County, and
WHEREAS, a proposed Agreement between the Town and LGPC has been presented at this
meeting, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the funding
toward the aforedescribed boat launch inspection and boat wash program and the coinciding
Agreement between the Town and the Lake George Park Commission (LGPC) substantially in the
form presented at this meeting, and authorizes and directs the Town Supervisor to execute the
Agreement, with such funding not exceeding the sum of$30,000 and to be provided by occupancy
tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-
4412, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 29
RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town
that unallocated occupancy tax funds are available from Warren County, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Budget Officer to amend the
Town Budget and take all actions as may be necessary to effectuate payment, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town
Budget Officer taking such other and further actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 6th day of April, 2015, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OF OBSOLETE EQUIPMENT
RESOLUTION NO.: 133,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town
Board may authorize the sale of items which are no longer needed by the Town or obsolete, and
WHEREAS, the Town's Budget Officer requested that Town Departments advise of any
surplus items in their respective Departments and the Town Budget Officer did receive lists of items
from various Departments which are considered to be surplus, and
WHEREAS, the Budget Officer advised the various Town Departments of the surplus items
and did not receive any requests from the Departments for such surplus items and therefore has
requested Town Board authorization to sell the surplus items by using the auction company
GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the
Department Manager, to be sold as scrap, and
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 30
WHEREAS, the following is the list of surplus items provided by the various Town
Departments:
Asset
Item Serial Number No. Dept
1984 Ford Tractor U912744 1250 Highway
1997 Ventu Crane CE29139 3579 Highway
1973 Homem Trailer CT21811 142 Highway
1943 Roger Trailer 456061 1168 Highway
1963 Trailer Semi
Van M3864 1686 Highway
2004 Hustler Mower 3062225 3198 Cemetery
1987 Mitsubishi 13619 1607 Cemetery
Tractor
2004 Chev Impala 2G1WF52E849347837 4202 Water
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus
items that are no longer needed by the Town or obsolete as follows:
Asset
Item Serial Number No. Dept
1984 Ford Tractor U912744 1250 Highway
1997 Ventu Crane CE29139 3579 Highway
1973 Homem Trailer CT21811 142 Highway
1943 Roger Trailer 456061 1168 Highway
1963 Trailer Semi
Van M3864 1686 Highway
2004 Hustler Mower 3062225 3198 Cemetery
1987 Mitsubishi 13619 1607 Cemetery
Tractor
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 31
2004 Chev Impala 12G1WF52E849347837 I 4202 I Water
and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the
services of auction company GovDeals to sell/dispose of the surplus items, and
BE IT FURTHER,
RESOLVED, that all Town proceeds from the sales shall be deposited into the appropriate
revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may
be necessary to effectuate the terms of this Resolution.
Duly adopted this 6th day of April, 2015, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
ABSENT : None
RESOLUTION TO AMEND 2014 BUDGET
RESOLUTION NO.: 134,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
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
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 32
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Accounting Office to take all action necessary to amend the 2014 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
002-9040-8043 First Aid 002-9055-8055 Disability Ins 96
052-8790-4400 Misc. Contractual 052-9710-6010 Bond Principal 1,066
052-8790-4400 Misc. Contractual 052-9710-7010 Bond Interest 123
Duly adopted this 6th day of April, 2015 by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
AB SENT : None
RESOLUTION CONSENTING TO QUEENSBURY PLANNING BOARD BEING
DESIGNATED AS LEAD AGENCY REGARDING MAURICE COMBS CORINTH ROAD
SUBDIVISION APPLICATION 6-2015 AND AREA VARIANCE APPLICATION 11-2015
RESOLUTION NO. 135,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury is in receipt of a Full Environmental Assessment
Form relating to Planning Board Subdivision Application 6-2015/Zoning Board of Appeals
Variance Application 11-2015 submitted by Maurice Combs concerning the proposed subdivision
of a 9.24 acre parcel located at 636 Corinth Road, Queensbury, New York into seven (7) lots and
the extension of the Town's Water District to encompass such area, such project referred to as the
Combs Corinth Road Subdivision(the"Project"), and
WHEREAS, since the Project requires both variances and Site Plan Review approval by the
Town's Zoning Board of Appeals and Planning Board, the Planning Board, as the official agency in
this instance to review environmental assessment concerns within the Town, has concluded that it is
the most involved agency and should be Lead Agency for the purposes of State Environmental
Quality Review Act (SEQRA)review relating to the Project, and
WHEREAS, the Town Planning Board has accordingly notified the Queensbury Town
Board that the Planning Board is seeking lead agency status in accordance with SEQRA and has
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 33
requested that the Town Board consent to the Planning Board being designated as Lead Agency,
and
WHEREAS, the Town Board wishes to provide such consent,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes, directs and consents to
the Planning Board acting as Lead Agency for SEQRA review of the proposed subdivision of a 9.24
acre parcel located at 636 Corinth Road, Queensbury, New York known as the Combs Corinth
Road Subdivision and Water District Extension (the "Project") referred to in the preambles of this
Resolution and authorizes and directs the Town Supervisor to execute such consent and take any
other necessary actions to effectuate the terms of this Resolution and further authorizes and directs
the Town's Department of Community Development to notify any other involved agencies of this
determination.
Duly adopted this 6th day of April, 2015, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS
WARRANT OF APRIL 7TH,2015
RESOLUTION NO.: 136,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
Warrant with a run date of April 2"d 2015 and a payment date of April 7 th, 2015,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
date of April 2"d 2015 and a payment date of April 7th, 2015 totaling $793,943.47, 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.
Duly adopted this 6th day of April, 2015, by the following vote:
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 34
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF ROBERT METIVIER AS TEMPORARY
LABORER IN TOWN WATER DEPARTMENT TO PERFORM INSPECTIONS FOR
SHORE COLONY WATER DISTRICT
RESOLUTION NO.: 137, 2015
INTRODUCED BY: Mr. Brian Clements
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Wiliam VanNess
WHEREAS, the Town of Queensbury's Water Superintendent has requested Town Board
authorization to hire a part time, Temporary Laborer to work for the summer for the Town's Water
Department to perform inspections at Shore Colony to meet New York State Department of Health
requirements, and
WHEREAS, funds for such positions have been budgeted for in the 2015 Town Budget, and
WHEREAS, Town Policy requires that familial relationships must be disclosed and the
Town Board must approve the appointment of Town employees' relatives and Robert Metivier is
the brother of Town Councilman Anthony Metivier,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies the
hiring of Robert Metivier as a part time, Temporary Laborer to work for the summer in the Town's
Water Department to perform inspections at Shore Colony to meet New York State Department of
Health requirements, commencing on or about May 1", 2015 and ending on or about October 31St
2015 at a rate of$13.00 per hour to be paid from the appropriate payroll account, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Water Superintendent,
Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to
effectuate the terms of this Resolution.
Duly adopted this 6th day of April, 2015, by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
ABSTAIN: Mr. Metivier
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 35
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND QUEENSBURY SENIOR CITIZENS, INC.
RESOLUTION NO.: 138,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Queensbury Town Board believes it appropriate and beneficial to provide
social and recreational activities and programs to Town of Queensbury senior citizens and therefore
wishes to contract with the Queensbury Senior Citizens, Inc. for these types of activities and
programs, and
WHEREAS, a proposed Agreement between the Town of Queensbury and Queensbury
Senior Citizens, Inc. has been presented at this meeting, and
WHEREAS, this Agreement is permitted and authorized by New York State General
Municipal Law §95A,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Agreement between
the Town and Queensbury Senior Citizens, Inc. for the year 2015 with funding for the Agreement
not exceeding the sum of$20,000 and authorizes and directs the Town Supervisor to execute the
Agreement with funding for the Agreement to be paid for from the appropriate Town account.
Duly adopted this 6th day of April, 2015, by the following vote:
AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES None
ABSENT: None
DISCUSSION HELD BEFORE VOTE:
COUNCILMAN CLEMENTS-This was in the budget for this year as John said. I am going to vote
for this, this but I am looking for a different resolution to raising funds for next year.
COUNCILMAN IRISH-I agree with Brian. I think the fact that the Queensbury Seniors are able to
use this building and the taxpayers fund the lighting if they were to pay for square footage like they
have available here all day long every day it would be pretty expensive. I think they benefit quite
nicely from that fact. They do have a very well membership right I think to kind of offset what they
are asking for from us every year. I don't think any of their members would be too out of pocket if
they raised their membership to fifty (50) or sixty (60) bucks a year. I think that is more than
reasonable it is a couple bucks a week. It would offset quite nicely what they are asking the Town
for on top of heat, lights, building.
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND GREATER GLENS FALLS SENIOR CITIZENS, INC.
RESOLUTION NO.: 139,2015
REGULAR TOWN BOARD MEETING 04-06-2015 MTG#12 36
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to
provide social and recreational activities and programs to Town of Queensbury senior citizens and
therefore wishes to contract with the Greater Glens Falls Senior Citizens, Inc. for senior citizen
recreational and social activities and programs as permitted and authorized by New York State
General Municipal Law §95A, and
WHEREAS, a proposed Agreement between the Town and the Greater Glens Falls Senior
Citizens, Inc. has been presented at this meeting, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between
the Town and the Greater Glens Falls Senior Citizens, Inc., for the year 2015 with funding for the
Agreement not exceeding the sum of $2,000 and authorizes and directs the Town Supervisor to
execute the Agreement with funding to be paid from the appropriate Town account.
Duly adopted this 6th day of April, 2015, by the following vote:
AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish
NOES None
ABSENT None
ABSTAIN: Mr. Clements(Wife wrote this proposal)
RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING BETWEEN
TOWN OF QUEENSBURY, CITY OF GLENS FALLS, WASHINGTON COUNTY
SEWER DISTRICT #2, TOWN OF KINGSBURY AND TOWN OF MOREAU FOR
CONDUCT OF NYS DOS FUNDED LOCAL GOVERNMENT EFFICIENCY GRANT
STUDY
RESOLUTION NO.: 140,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury recognizes the need to share resources, potentially
consolidate some services and address current and future sewer-related issues with a regional
perspective for administration, management, operations, maintenance, collection, conveyance,
treatment and biosolids handling and disposal in a cost-effective manner, and
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WHEREAS, the City of Glens Falls, as Lead Agent with participation from the Towns of
Queensbury, Kingsbury and Moreau and the Washington County Sewer District #2 (collectively
the "Partners"), submitted an Upper Hudson River Revitalization Plan for a Local Government
Efficiency Grant to the New York State Department of State (NYS DOS) for: 1) regional
fiscal/administration of wastewater conveyance, treatment and bio solids facilities; and 2)
regional wastewater conveyance, treatment and bio solids handling/disposal improvements on
behalf of certain designated communities, and
WHEREAS, this Study encompasses portions of three (3) Counties: Warren County
(City of Glens Falls, Town of Queensbury); Washington County (Towns of Kingsbury and Fort
Edward, Villages of Fort Edward and Hudson Falls); and Saratoga County (Town of Moreau and
Village of South Glens Falls); and
WHEREAS, the Partners were awarded a NYS DOS Grant totaling $800,000 with a local
share of$145,000 for a total project of$945,000 (local share per Partner being a cash match of
$29,000 - $14,500 in 2015 and $14,500 in 2016), and such Grant requires that the five (5)
Partners enter into a Memorandum of Understanding (MOU) prior to undertaking the study, and
WHEREAS, a proposed Memorandum of Understanding entitled, "Memorandum of
Understanding for the Conduct of a NYS DOS Funded Local Government Efficiency Grant
Study" is presented at this meeting and is in form acceptable to Town Counsel, and
WHEREAS, the Town of Queensbury wishes to accordingly enter into such
Memorandum of Understanding, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the "Memorandum of
Understanding for the Conduct of a NYS DOS Funded Local Government Efficiency Grant
Study" substantially in the form presented at this meeting, and
BE IT FURTHER,
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RESOLVED, that the Town Board further approves, authorizes and confirms that it will
provide its local share of a cash match of$29,000 payable to the City of Glens Falls in two (2)
equal installments: $14,500 in 2015 within 60 days of the date the City of Glens Falls signs an
engineering contract and $14,500 by the end of February 2016, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
to amend the 2015 and 2016 budgets as necessary to allow for payment of the $14,500 each year,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute such Memorandum of Understanding and any other needed documentation, and the
Town Supervisor and/or Town Budget Officer to take any other needed actions to effectuate the
terms of this Resolution.
Duly adopted this 6th day of April, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. VanNess
NOES : Mr. Clements, Mr. Irish
ABSENT: None
DISCUSSION HELD BEFORE VOTE:
COUNCILMAN CLEMENTS-I just wanted to say that I had some concerns about several of the
aspects of this. One was the scope and the other one was the administration of... so I will vote no
on this.
TOWN COUNSEL, HAFNER-Can, I also respond because you asked me a question before the
meeting and I didn't get a chance to fully respond about it. The reason why I want to explain this is
because I am not sure everyone understands how...grants work. The Grant has this...of a hundred
forty five thousand. Five municipalities would come up with a hundred and forty five thousand.
There is eight hundred thousand that is going to be provided by the State for the Grant. They way
Grants work the municipality in the case the City of Glens Falls forwards the money and then they
go through proving the State that they spent it properly and waiting for the State to authorize
reimbursement. The City has in there that each of the municipalities would share the interest
cost...bonded. We are not talking about a hundred and forty five as much as we are talking eight
hundred thousand. That's the possible amount that the interest would be based on depending on
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how quickly they reimburse and how quickly the State gets its act together. I wanted to make sure
you understood.
COUNCILMAN CLEMENTS-I understand that and thank you for that, too. I also had some other
concerns also.
TOWN COUNSEL, HAFNER-Thank you.
COUNCILMAN IRISH-I am going to vote no I have some concern over the interest payment as
well for the eight hundred thousand dollars. I thought it was for the interest on the hundred and
forty five thousand.
4.0 CORRESPONDENCE
DEPUTY CLERK O'BRIEN-Letter received from Kevin Quinn dated March 31, 2015 regarding
his Transient Merchant License. (On file in Town Clerk's Office)
5.0 PRIVILEGE OF THE FLOOR
KATHLEEN SONNABEND, CEDAR COURT-Spoke Judge Krogmann's decision regarding
density for the Bay Road Corridor noting the Town Code may need some clarification.
COUNCILMAN IRISH-Would like to schedule a workshop and public hearing on clarifying that
language to make it clear that those areas that a use is prohibited cannot be used for density
calculations.
DOUG AUER 16 OAKWOOD DRIVE-Spoke regarding the Map, Plan, and Report that was done
in 2002 for Rich Schermerhorn that created Sewer District No. 7.
JOHN SALVADOR-Spoke regarding the County's Legislative and Rules Committee Meeting on
the subject of the municipal boundaries. They are in agreement that the Town boundaries as they are
currently recognized by most people are incorrect. The boundary for the Town
of Queensbury does run along the east shore the question is what do we do about it and how do we
do it. Going to prepare a report showing how simple it would be to take care of this problem
without doing anything. Spoke regarding the completion of the initial work on the reval of the
Town. Noted two elements are not being evaluated. It is municipal water and wastewater.
DAN VALENTE-Asked the Board for an update regarding the status of the moratorium on Bay
Road.
JOHN SALVADOR-Spoke regarding the editorial in the Adirondack Journal entitled Dirty
Laundry.
DAN VALENTE-Presented to the Board a letter from Nancy and Dave Parsons from Fairfield
Professional Office Park regarding the Proposed Fairfield Professional Park Apartments.
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN VANNESS (WARD IV)
• NOTHING TO REPORT
COUNCILMAN IRISH(WARD III)
• Would like to have a discussion about rezoning requirements. Would like to find a way if
the Board wants a zone developed in a certain way we put restrictions in the approval that
they should be building what we want first and then move on to what they want.
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COUNCILMAN CLEMENTS (WARD II)
• NOTHING TO REPORT
COUNCILMAN METIVIER(WARD I)
• NOTHING TO REPORT
SUPERVISOR STROUGH
• Spoke regarding the collaborative effort with the Wing Contest that is going to be held on
May 2, 2015. We have received a positive reaction to this.
• Thanked Look TV and sponsors for televising the Town Board Meetings.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION 141,2015
INTRODUCED BY: Mr. Brian Clements
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town
Board Meeting.
Duly adopted this 6th day of April, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES: None
ABSENT: None
Respectfully Submitted,
Caroline H. Barber
Town Clerk
Town of Queensbury
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