2000-06-05
REGULAR TOWN BOARD MEETING
JUNE 5, 2000
7:08 P.M.
Mtg #26
Res. # 229-244
BOH Res. # 19-20
BOARD MEMBERS PRESENT
SUPERVISOR DENNIS BROWER
COUNCILMAN JAMES MARTIN
COUNCILMAN THEODORE TURNER
COUNCILMAN DANIEL STEC
BOARD MEMBER ABSENT
COUNCILMAN TIM BREWER
TOWN COUNSEL
MARK SCHACHNER
TOWN OFFICIALS
Nicholas Caimano, Warren County Supervisor
Rick Missita, Highway Superintendent
Mike Travis, Deputy Highway Superintendent
Ralph VanDusen, Water/Wastewater Superintendent
Mike Shaw, Deputy Wastewater Superintendent
Chris Round, Executive Director of Community Development
Bill Shaw, Computer Technology Coordinator
PRESS: Glens Falls Post Star
Supervisor Brower called meeting to order. . . .
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER
Supervisor Brower recognized and presented Mr. Robert Eddy with the following Resolution of Honor:
RESOLUTION DECLARING ROBERT L. EDDY DAY -
JUNE 17, 2000
RESOLUTION NO.: 229, 2000
INTRODUCED BY: THE ENTIRE TOWN BOARD
WHEREAS, Robert L. Eddy, a descendent of one of the early settlers of our area, has spent many years
giving freely of his time and talents for the Town of Queensbury and its residents, and
WHEREAS, Robert L. Eddy served as chairman of the Beautification Committee for twenty-five years, and
whereas during that time, he was very involved in the new standards for Sign Ordinance and, also, served
as a member of the Master Plan Committee during the middle 1980's, and
WHEREAS, Robert L. Eddy prepared a map of the Town of Queensbury showing all the historic sites
together with a book giving details of same and donated the proceeds from same to the Glens Fall -
Queensbury Historical Association, and
WHEREAS, Robert L. Eddy shared his love and knowledge of gardens with the community through his
slides and lectures, and
WHEREAS, for many years, it was a dream of Robert L. Eddy to share his love and knowledge of
gardening with the community through botanical gardens in the Town of Queensbury, and
WHEREAS, when the opportunity arose, Robert L. Eddy was one of the "movers and shakers" to create a
park at Hovey Pond, and
WHEREAS, Robert L. Eddy was the leader and chairman of Friends of Hovey Pond and used his time,
talent and resources, with the help of other like-minded volunteers, to create the botanical gardens and
other amenities in Hovey Pond Park for the benefit of the residents of the surrounding communities.
NOW THEREFORE BE IT
RESOLVED, that the TOWN BOARD of the TOWN OF QUEENSBURY, on behalf of its citizens, takes
great pride and pleasure in declaring June 17,2000, the date of Mr. Eddy's 90th birthday, Robert L. Eddy
Day.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES:
Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES:
None
ABSENT:
Mr. Brewer
Mr. Eddy gave brief statement thanking the board and recognized Marylee Gosline, June Manichek and
Betty Monahan for their efforts in creating the botanical gardens at Hovey Pond.
Supervisor Brower-This is a very fitting honor. I've had the pleasure of knowing Mr. Eddy for several
years and I must tell you, he contributes not only his time and energy but also his money in purchasing
flowers for the park and I was also honored to work with him on his book on Queensbury and it was a labor
of love on his behalf and also, again, he spent the money out of his hard earn dollars to basically produce
the project and also the proceeds were donated to an organization he loves. So, Bob, you deserve this
greatly, thank you.
RESOLUTION CALLING FOR QUEENSBURY
BOARD OF HEALTH
RESOLUTION NO.: 230,2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. James Martin
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular
Session and enters as the Queensbury Board of Health.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES:
Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES:
None
ABSENT:
Mr. Brewer
QUEENSBURY BOARD OF HEALTH
PUBLIC HEARING - SEWER VARIANCE - MICHAEL ASPLAND
NOTICE SHOWN
7:13 P.M.
SUPERVISOR BROWER-The first item before us is a public hearing on a sewer variance for Michael
Aspland. Chris, would you care to fill us in a little bit?
MR. CHRIS ROUND, EXECUTIVE DIRECTOR-You should have a memo from Dave Hatin outlining the
request and for separation distances from his well as well as the adjoining neighbor's well and you should
have signoffs as part of the application and I don't know if Mr. Aspland is here tonight or not. He can
speak a little bit about the application.
SUPERVISOR BROWER-Fine. Mr. Aspland, if you would like to come forward, you're welcome to.
DEPUTY TOWN CLERK BARBER-Would you like the letter read into the record first?
SUPERVISOR BROWER-Certainly. If you would sit at the table, yes sir and Caroline Barber is going to
read a letter into the record.
DEPUTY TOWN CLERK BARBER read the following letter into the record:
Dear Board Members:
Mr. Aspland is requesting to place a new septic system 80 feet from his own well and 80 feet from his
neighbor's well, for property located at 15 Reardon Road Extension.
After going over the application with Mr. Aspland, there seems to be no other logical alternative to placing
the system anywhere else on the property. It does appear that Mr. Aspland's proposed design is the
maximum distance that can be gained on this property.
The septic system will meet all other criteria of the Sanitary Sewage Ordinance. I trust this will answer all
your concerns.
Sincerely,
David Hatin, Director
Building & Code Enforcement
(letter on file in the Clerk's Office)
SUPERVISOR BROWER-Thank you. I did get an opportunity to go to your property on Friday with
David Hatin and saw the work and saw the situation and if you'd like to care to add anything to it, you're
welcome to. You certainly don't have to.
MR. MICHAEL ASPLAND-No, just as long as it's approved.
COUNCILMAN MARTIN-Bottom line kind of guy, huh?
SUPERVISOR BROWER-God bless you.
MR. ASPLAND- Telling you like it is, right.
SUPERVISOR BROWER-Okay. Now, I understand you had two tanks in the ground at one time.
MR. ASPLAND-Correct.
SUPERVISOR BROWER-And now you're going to one septic tank, is that correct?
MR. ASPLAND- Yea, one they're connecting into the one thousand gallon holding tank which I believe you
saw was in place at that time.
SUPERVISOR BROWER-Yes.
MR. ASPLAND-And we're just waiting for the, to put the leach field in.
SUPERVISOR BROWER-Alright. Any, let's see, I thank you. If you don't have anything more to add
right now, I appreciate it. We will give you the option to come back later if you so desire. Anyone care to
speak on behalf or against this particular application at this time?
MR. SALVADOR-Just a question. It sounded like it was a holding tank?
DEPUTY TOWN CLERK BARBER-You've got to come up to the microphone.
SUPERVISOR BROWER-Mr. Salvador, please.
MR. JOHN SALVADOR-My name is John Salvador. Is this a variance for a holding tank?
SUPERVISOR BROWER-I believe he is putting in a holding tank, yes.
MR. SAL V ADOR- Well, it's not very clear in the resolution.
SUPERVISOR BROWER-That is a thousand gallon holding tank, correct?
MR. ASPLAND-Correct.
MR. SALVADOR-So, there's no infiltration device? There's no leach bed?
COUNCILMAN TURNER-No leach bed, yea.
SUPERVISOR BROWER-Well, there is a leach field.
COUNCILMAN TURNER-Well, then it's not a holding tank.
MR. ASPLAND-No, there is going to, a leach bed will be put in.
MR. SALVADOR-When? What is the purpose of the holding tank? Just a temporary measure?
MR. ASPLAND-That's part of the system.
MR. SAL V ADOR-A holding tank is not a system, that's the point.
COUNSEL SCHACHNER-Wait, wait. Time out, time out. We don't mean to interrupt but just reviewing
the application, we think it does not look like it's a holding tank, although one would think the applicant
would know.
MR. ASPLAND-Pardon me?
COUNSEL SCHACHNER-We're just questioning, Mr. Round and I whether in fact this is a holding tank.
MR. ROUND, EXECUTIVE DIRECTOR-A holding tank is a closed system that you pump out. You're
talking about a distribution box.
MR. ASPLAND-Correct.
MR. ROUND, EXECUTIVE DIRECTOR-And a settling tank is a part of the system, it's not a holding
tank.
MR. ASPLAND-It's not a holding tank per se.
MR. ROUND, EXECUTIVE DIRECTOR-He saw, they saw, they went and saw the two structures in the
field, not, one of them is not a holding tank.
MR. SALVADOR-One of them is a holding tank?
MR. ROUND, EXECUTIVE DIRECTOR-They are not. Neither is a holding tank, they are not holding
tanks.
SUPERVISOR BROWER-Oh, neither one is a holding tank, okay.
MR. ROUND, EXECUTIVE DIRECTOR-It's a septic tank, it's a thousand gallon septic tank.
SUPERVISOR BROWER-Dave wasn't clear on that when we went there but I could see the work had
been, a lot of work had been done at the site.
MR. SALVADOR-Is this variance requested to correct a failure?
SUPERVISOR BROWER-Yes, it's a failed system.
MR. SALVADOR-It was a failed system.
SUPERVISOR BROWER-Of an existing use residence.
MR. SALVADOR-Okay.
MR. ASPLAND-We had an engineer who did the, surveyed the property and Mr. Bill Montgomery, you
should have the blue prints on that, correct?
SUPERVISOR BROWER-Yes, we did.
MR. SALVADOR-So, it's a septic system?
COUNCILMAN TURNER-Septic system, John.
SUPERVISOR BROWER-Yes.
MR. SALVADOR-And what portion of it is eighty feet from the wells? Is it the leach infiltration device,
the leach bed, is that what's eighty feet from the well?
COUNCILMAN MARTIN-I believe, as I recall it was. Wasn't it Chris?
MR. ROUND, EXECUTIVE DIRECTOR-That's correct.
MR. SALVADOR-Thank you.
SUPERVISOR BROWER-Thank you, John. Anyone else care to speak on behalf of this particular
application at this time? Okay, being none, I'll close the public hearing and ask for comments from the
board.
PUBLIC HEARING CLOSED
7:18 P.M.
COUNCILMAN MARTIN-Well based on what I see, we're looking for basically twenty percent relief and
it seems to be the most logical place for the system.
COUNCILMAN STEC-We don't have any correspondence from the neighbor?
DEPUTY TOWN CLERK BARBER-No letters whatsoever, thirty-two were sent out.
MR. ASPLAND-And the ones within five hundred feet are all aware of the situation.
COUNCILMAN TURNER-Yea.
MR. ASPLAND-But by me also because I spoke to them all personally.
COUNSEL SCHACHNER-And you do have the sign-offs on the immediate neighbors, also.
COUNCILMAN MARTIN-I mean, I don't see any problem with it. I think he made his best effort. It
seems to be the minimum relief.
SUPERVISOR BROWER-It didn't seem like there was much other choice of the situation.
COUNCILMAN MARTIN-That's what I mean.
COUNCILMAN TURNER-Yea, there isn't.
COUNCILMAN STEC-I mean I guess the only question is, is the relief so modest that we don't need to
consider going the extra step of a holding tank. But I think I'm in agreement with what I think I'm hearing
that the twenty percent relieffrom this might not be
COUNCILMAN MARTIN-I don't recall the depth of the well. What's the depth of the well?
MR. ASPLAND-Ofmy well?
COUNCILMAN MARTIN-Yea.
MR. ASPLAND-Approximately eighty feet which is up on a hill, you know higher up. On the front part of
the house on the road and then the house and then the septic system would be down in the back part, the
back side of the house.
COUNCILMAN MARTIN-Alright and the, do you know the depth of your neighbor's well, that's the other
eighty foot?
MR. ASPLAND-No I don't but he signed the variance saying it was okay.
COUNCILMAN MARTIN-Yea, I know. Okay.
SUPERVISOR BROWER-Any other questions? Thank you very much.
COUNCILMAN MARTIN-I think we're doing the best we can.
RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF MICHAEL
ASPLAND
BOARD OF HEALTH RESOLUTION NO.: 19,2000
INTRODUCED BY: Mr. James Martin
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Michael Aspland filed an application for two (2) variances from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local
Board of Health grant variances to allow Mr. Aspland's septic system to be reinstalled eighty feet (80') from
his well and eighty feet (80') from his neighbor's well instead of the required one-hundred feet (100')
setback(s) on property located at 15 Reardon Road Extension, Queensbury, and
WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's
official newspaper and the Local Board of Health conducted a public hearing concerning the variance
requests on June 5th, 2000, and
WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property
have been duly notified,
NOW, THEREFORE, BE IT
RESOLVED,
c) that due to the nature of the variances, it is felt that the variances would not be materially detrimental to
the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the
purpose and objectives of any plan or policy of the Town of Queensbury; and
d) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use
of the land and that the variances granted are the minimum variances which would alleviate the specific
unnecessary hardship found by the Local Board of Health to affect the applicant; and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the
application of Michael Aspland for two (2) variances from the Sewage Disposal Ordinance to allow Mr.
Aspland's septic system to be reinstalled eighty feet (80') from his and eighty feet (80') from his neighbor's
well instead of the required one-hundred feet (100') setback(s) on property located at 15 Reardon Road
Extension, Queensbury and bearing Tax Map No.: 44-2-17.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES
Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
Deputy Town Clerk Barber read the following letter addressed to the Queensbury Board of Health, dated
May 22, 2000 and received May 26th by the Town Clerk's Office into the record:
Board of Health:
This letter is to inform you of a situation that appears to be a potential public health risk. On Sunday May
14, I received a phone call from a Baybridge resident concerned about a continuous surface runoff
condition emanating from the back of the west block of rental units at Baybrook Apartments. I informed
the Baybridge resident that it didn't seem to be a matter that we had any control over since it was coming
from the other side of Walker Lane. I did, however, agree to look at the runoff when I passed by on my
next visit. On Monday, May 15, at about 12:00, noon I had reason to visit Baybridge on another matter and
did observe significant sheet runoff (est. 5 to 10 gals per min.) crossing the paved Walker Lane road
surface at diagonal (north to south) and flowing along the shoulder fronting the Walker Lane housing units
and onto the driveways of the residents. After further investigation of the source, I observed the water
seeping from the ground in an area north of a manhole cover which appears to be in the Walker Lane right
of way.
Concerned with the origin of the runoff, I returned shortly with a water sample bottle from the Queensbury
Water department and took a sample at the edge of the pavement.
The results of that test are enclosed. (See Queensbury Laboratory report)
This information has also been provided to the Officers of the BHOA and is being provided to the
Baybridge residents.
I am reporting this information of the Queensbury Board of Health based on the results of the test believing
there is a potential public health risk should his condition persist.
Sincerely,
Douglas A. Auer
Business Manager BHOA
(letter on file in the Town Clerk's Office)
Supervisor Brower-We received that letter, I was in contact with Ralph VanDusen. Ralph personally went
over to the site and took samples and did some testing. He did contact me today, a matter of fact he's here
so I'll let him report on the results.
Mr. Ralph VanDusen, Water/Wastewater Superintendent-As Dennis said, he asked me to stop by and take a
look at it. I can certainly confirm what Doug said that there was water coming out of the bank along the
edge of the bank in several spots probably eight or ten spots water running out. When I was there, there
was no odor of any sewage or any septic odor whatsoever. I collected a sample. What I'm aware of
anyway, a total of three samples have been taken. In all cases, there was, they were tested for total
chloroform. There was numbers ranging from five hundred colonies per hundred milliliters to a mat
growth. Keep in mind, drinking water standards would be, there can be no chloroform and for, if you were
to sample most puddles or just surface water like this, you'd expect to find some chloroform just from
animal contamination. Mat growth means simply that the individual colonies have grown together to form
a mat so it's no longer possible to individually count them. It might be a few hundred, it might be a few
thousand, there's really no way to tell. It's just a characteristic of the way the bacteria happens to grow.
The last two samples we also checked for E.coli which would start to give us an idea of the source of the
bacteria. It does not definitively mean that it's human, it just, it comes from an animal. The E.coli has a
relatively short life depending on temperatures. At body temperature, it can live a long time. At fifty to
sixty to seventy degrees it will live a matter of hours or maybe a few days. At this point, it's my feeling that
it's probably not coming from a septic system. It's just groundwater that's coming out, picking up
contamination. On the day that I was there, there were two ducks in the water puddle. If you want to be
sure to make certain, the simple thing is to put a dye tablet in and just simply look to see if dye does appear.
Where this water is coming from, it's in the vicinity of a force main for the apartments. It's no where near
the leach fields whatsoever.
Supervisor Brower-And I talked to John O'Brien today and he indicated he was going to do a, conduct a
dye test I believe tomorrow. So, we'll be pretty certain as to, if it's leaching out of that system or not.
Councilman Martin-Where are you going to put the tablet then? Where is it going in? One of the units?
Supervisor Brower-Probably one of the units, into the system. Ralph believes if it would be coming from
there, it would be coming from the force main, it might be either a leaking pipe or a broken pipe and he
doesn't believe it would be from the tank itself. But, it's preliminary right now.
Mr. VanDusen, Water/Wastewater Superintendent-Yea, the flow is constant too. I was only there like
maybe fifteen minutes but with their system, the pump is going to cycle off and on and if it was a leak
there, you would expect it would leak and then stop leaking. The water was running out of the bank in
several spots while I was there the entire time.
Supervisor Brower-It's all clay there if I'm not mistaken. Is that correct?
Mr. VanDusen, Water/Wastewater Superintendent-I have some on my shoes if you want to identify it, yea.
Supervisor Brower-Thank you, Ralph. With that being heard, I'd like to have a motion to come out of the
Board of Health.
RESOLUTION ADJOURNING QUEENSBURY
BOARD OF HEALTH
BOARD OF HEALTH RESOLUTION NO.: 20, 2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. James Martin
RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters
Regular Session of the Town Board of the Town of Queensbury.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES:
Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES:
None
ABSENT:
Mr. Brewer
REGULAR SESSION
PUBLIC HEARING
PROPOSED LOCAL LAW - "ESTABLISHMENT OF SEWER RENTS"
NOTICE SHOWN
7:28 P.M.
SUPERVISOR BROWER-Now we go into a public hearing on the establishment of sewer rents. Again,
this time I'll call on Mike Shaw from our Wastewater Department to bring us up to date.
MR. MIKE SHAW, DEPUTY WASTEWATER SUPERINTENDENT-I'd like to start off kind of
explaining how we got to this point having a sewer rent law in June, it's kind of abnormal. Generally, in
the past we've set sewer rents in December for the preceding year and this past December we had set rates
for Hiland Park and Quaker Road Sewer District for residential rates. The reason we did that this past
December was to get us ready to have a combined water and sewer bill which we projected was going to be
done this year. In the past the wastewater rates were based on yearly usage, a yearly use of flat rate and
water was based a quarterly flat rate. So, we thought it would be better to have both the same period of flat
rates on the bill, it would be easier to read for the customer. So, we decided that we would take the
wastewater flat rate, yearly flat rate and just change that into a quarter. What happened was, we just
divided it into four equal payments. In other words, it was just divided it into four quarters. We used to
have a flat rate of sixty thousand gallons for a year, we divided that into twelve thousand five hundred
gallons per year, or for quarter, excuse me. Once we had decided that we had the public hearing and it was
set. Here a few weeks ago, we were informed that the Govern Software was configured to bill only in
thousand gallon increments and they would not recognize the five hundred gallon increments. In other
words, it would either have to be twelve thousand gallons or thirteen thousand gallons. After they met with
Ralph VanDusen, myself and Henry Hess we had some discussion of how to take care of this problem. We
decided since the first quarter was, had basically come and gone, the usage had been used, that we would
use the first quarter as zero to twelve thousand five hundred and bill at that. The software would recognize
thirteen thousand gallons and we would go in and physically change those parcels, refigure them ourselves
to adjust those rates. For the next three quarters which is the resolution you see before you, the rates will
be changed. They will be changed each quarter from zero to thirteen thousand gallons both in Hiland Park
and Quaker Road Sewer District. Once again, that will be based on quarterly meter readings. We don't see
that there will be any drastic change in our revenues because basically all you're talking is the five hundred
gallons that we're readjusting for the first quarter and that's how we got to this point.
SUPERVISOR BROWER-Okay and this is in an effort to, again, combine the water and sewer billing.
MR. SHAW, DEPUTY WASTEWATER SUPERINTENDENT-Right. We were hoping those bills go out
here shortly, possibly this week but the combine water and sewer billing we're trying to make a form that
would be easier to recognize for the taxpayers. It was too confusing, we thought to have one based on a
quarterly user rate and the other one based on a yearly user rate. So, we wanted to combine the two and
have them both based on a quarterly user rate.
SUPERVISOR BROWER-Okay, great. Thank you very much, Mike. Would anyone like to comment on
the proposed local law at this time? Okay, being none, I'll declare the public hearing closed. Any
comments from board members at this time?
PUBLIC HEARING CLOSED
7:32 P.M.
COUNCILMAN MARTIN-So to continue on with the earlier bottom line approach here, the annual sewer
rent is not going to go up, correct? The bill
MR. SHAW, DEPUTY WASTEWATER SUPERINTENDENT-No, it's not going up at all. All we're
doing, in fact if you look at it, they're actually getting five hundred gallons more for the exact same fee
we're going to be paying now. The only
COUNCILMAN MARTIN-Such a deal.
MR. SHAW, DEPUTY WASTEWATER SUPERINTENDENT-The only change is before it was zero to
twelve thousand five hundred in the Quaker Road Sewer District for fifteen dollars a quarter. That same
amount for twenty-five dollars per quarter in Hiland. All we're doing is changing it from, it will be zero to
thirteen thousand dollars for the same amount, fifteen dollars and twenty-five dollars.
SUPERVISOR BROWER-Thank you Mike.
RESOLUTION ENACTING LOCAL LAW NO. 7 OF 2000 TO AMEND QUEENSBURY TOWN
CODE CHAPTER 136 ARTICLE XXIV ENTITLED, "ESTABLISHMENT OF SEWER RENTS"
RESOLUTION NO.: 231,2000
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 7 of
2000 to amend Queensbury Town Code Chapter 136, Article XXIV entitled, "Establishment of Sewer
Rents," which Local Law would minimally modify sewer rent rates in the Central Queensbury Quaker
Road and Hiland Park Sewer Districts, and
WHEREAS, the Town duly held a public hearing on June 5th, 2000 and heard all interested
persons, and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form
approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board of hereby enacts Local Law No.: 7 of 2000 to
amend Queensbury Town Code Chapter 136, Article XXIV entitled, "Establishment of Sewer Rents," as
presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to
file the Local Law with the New York State Secretary of State in accordance with the provisions of the
Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing
with the Secretary of State.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Martin, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
LOCAL LAW NO.: 7 OF 2000
A LOCAL LAW TO AMEND CHAPTER 136, ARTICLE XXIV OF QUEENSBURY TOWN CODE
ENTITLED
"ESTABLISHMENT OF SEWER RENTS"
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS:
SECTION 1. Section 136-137(A) of Chapter 136, Article XXIV of the Code of the Town of
Queensbury entitled "Establishment of Sewer Rents," is hereby amended as follows:
There is hereby established and imposed a scale of sewer rents for services rendered by the sewer
system to the real property within the limits of the following sewer districts as set forth below:
A. Annual charges pursuant to (136-135 hereoffor the Central Queensbury/Quaker Road Sewer District:
(1) For residential properties: for 0 - 13,000 gallons of metered water usage, the charge shall be fifteen
dollars ($15.00) quarterly for each residential unit, plus three dollars and ten cents ($3.10) per thousand
gallons of water consumption in excess of 13,000 gallons per quarter as indicated by the current water
meter readings, billed on a quarterly basis.
(2) For nonresidential properties: five dollars and forty-five cents ($5.45) per thousand gallons of water
consumption, as indicated by the current water meter readings, billed on a quarterly basis.
SECTION 2. Section 136-137(C) of Chapter 136, Article XXIV of the Code of the Town of
Queensbury entitled "Establishment of Sewer Rents," is hereby amended as follows:
Annual charges pursuant to (136-35 hereoffor the Hiland Park Sewer District:
(1) For residential properties: for 0 - 13,000 gallons of metered water usage, the charge shall be twenty-
five dollars ($25.00) quarterly for each residential unit, plus six dollars and sixty cents ($6.60) per thousand
gallons of water consumption in excess of 13,000 gallons per quarter as indicated by the current water
meter readings, billed on a quarterly basis.
(2) For nonresidential properties: nine dollars ($9.) per thousand gallons of water consumption, as
indicated by the current water meter readings, billed on a quarterly basis.
SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law
shall not invalidate any other clause, sentence, paragraph or part thereof.
SECTION 4. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict
with any part of this Local Law are hereby repealed.
SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the
New York Secretary of State.
OPEN FORUM
7:33 P.M.
Mr. Salvador referred to the force main failure spoken of earlier in the meeting and recommended taking
action immediately.
Supervisor Brower noted that the town is addressing the problem and a dye test will be performed in the
mornmg.
Joanne Bramley, Queensbury noted concern with the town's delay in taking action in reference to the issue
on Walker Lane. . .. Questioned whether Mr. Round could report on his discussions with Skateland?
Mr. Round, Executive Director gave summary of status with Skateland and Adventure Racing... gave brief
outline on proposed noise regulations, noise ordinance. . .
Councilman Martin recommended reviewing the application as to the information they submitted regarding
the noise information from the manufacture about the levels that are projected, to check and see whether
the vehicles are performing at the manufacturers standards which was part of the stipulation of that
approval. . .. Suggested mediation with the owner and the neighbors at the table at the same time and follow
through with regular meetings keeping an open line of communication.
Ms. Bramley questioned whether Skateland had agreed not to do the all-night prom thing?
Mr. Round, Executive Director noted that he doesn't believe they've agreed to stop the evening hours of
operation.... Noted that's an issue that should be discussed during mediation.
Town Board held discussion regarding a noise ordinance and the funding involved.
Mr. Lew Stone read statement to the board regarding zoning issues.
Bob Vallaro referred to the Walker Lane issue and noted concern with the delay of response time from the
town authorities. . .
Mr. Salvador recommended a direct pipe over a dye test. . .
Rich Schermerhorn, Owner of Baybrook Apartments gave background information on the land, noting that
it's always been wet and feels the water is coming off the hill... questioned the qualifications ofMr.
Auer. . .. Concerned that he was not notified, always been excellent about addressing situations and
whatever it takes, it will be taken care of.
Councilman Martin referred to Doug Auer's letter and noted that it was dated May 22nd and received in the
clerk's office on May 26th.
Linda McNulty, 14 Twicwood Lane referred to the Skateland issue, recommended enclosing their facility
in a sound proof building where they could run it year round... Would welcome a sound study with
reference not only to the go-kart tracks but also the P A system at the Honda dealership, Pirate's Cove, the
Northway and the Great Escape. .. Referred to the Impact Statement for the Great Escape and
recommended that before any building permits are issued that they be required to build a sound barrier
along 187, making it contingent prior to any more development there.
Michael Cunniff referred to the go-kart situation and noted that he's worked on the after prom parties at the
YMCA this past year and noted that there's a problem getting kids to go there because it's not an attractive
option... Do not agree with limiting the hours of the go-kart facility, much better to have the kids going to a
structured activity then going out and doing illegal activities... Do support sound barriers.
Dan Valente referred to the Walker Lane issue which he feels is most likely a water runoff issue rather then
septic and recommended a French Drain along that hill.
Mack Coffin, 2047 Ridge Road referred to letter he received from AP A stating that the Town of
Queensbury proposed an amendment to the official Adirondack Park Landuse and Development Plan and
questioned the proposal?
Councilman Martin reviewed the AP A letter with Mr. Coffin and noted that his property is proposed to go
from a more restrictive resource management to a less restrictive low intensity use.
Mr. Round, Executive Director gave brief explanation of proposals and agreed to meet with Mr. Coffin to
go over more specifics relating to his own property. . .
Mr. Coffin referred to the noise ordinance relating to his situation with the Fish & Game Club and
recommended a law with a decibel level to be fair throughout the entire town and not just one area of the
town.... Referred to the library and stated that ten million dollars for the library will buy all of downtown
Glens Falls. .. the town should think real serious about the library situation before the town hooks into a ten
million dollar project.
Pliney Tucker, Division Road questioned the purpose of Resolution 5.1O?
Mr. Round, Executive Director noted that the current Certification of Incorporation requires that the Town
Board approve appointments to the QEDC Board and the proposal is to change that to allow the QEDC
Board of Directors to appoint new members to the QEDC Board.
Mr. Tucker referred to a five and a half acre chunk of land west of the water plant that was to be recreation
land donated by the Hudson Pointe development and noted Town Counsel had checked on it a year or so
ago and it was then tied up in a Regulatory problem with the State. .. would like the board to research the
status of it now.
Mr. Round, Executive Director noted that there was a press release within the last week that Orion which is
now the owner of the Niagara Mohawk lands has to construct a boat launch on one of the properties that
Mr. Tucker is talking about. . .
Karen Sabo, Twicwood Lane referred to the go-kart situation and noted her support of a sound study...
Thanked Chris and the Board Members for their work with this issue.
Matt Weaver noted that his sister Christine Weaver and her boyfriend James Braille live at 7C Baybrook
Apartments and have been complaining of an odor for the last month.
Kathleen Salvador, North Queensbury questioned who was building the boat launch that Pliney was
referring to?
Mr. Round, Executive Director noted, the Orion Corporation that purchased the generation facilities from
Niagara Mohawk.
Mrs. Salvador questioned whether they are aware of the new regulations being promulgated by the
Transportation Barriers and Architectural Review Board of the Justice Department and if not,
recommended making them aware because they are targeting the recreation field.
Mr. Tucker noted that the property he's referring to is part of the Hudson Pointe PUD.
Councilman Martin questioned counsel whether it was specifically referenced in the PUD agreement?
Mr. Round, Executive Director noted, there's two separate properties that we're talking about. One is a
Niagara Mohawk owned boat launch area that was a boat launch before. . .
Mr. Tucker noted that it was included in the package that was put together for Hudson Pointe. .. requested
counsel to research.
Counsel Schachner noted, according to the counsel for Hudson Pointe, the transfer of that portion of
property was tied up in the FERC licensing proceeding... Mr. Tucker's point is well taken and this would
be an appropriate time to follow up on that and we'll be happy to do that.
OPEN FORUM CLOSED
RESOLUTIONS
RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURES ON PROPERTY
OWNED BY DAVID WELLS
LOCATED ON CORINTH ROAD, QUEENSBURY
(TAX MAP NO.'S: 149-1-5.1, 149-1-5.21)
RESOLUTION NO.: 232,2000
INTRODUCED BY: Mr. James Martin
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, David Hatin, Town of Queensbury Director of Building and Codes Enforcement, has
inspected property owned by David Wells located on Corinth Road, Queensbury (Tax Map No.'s: 149-1-
5.1 and 149-1-5.21) and Mr. Hatin has found that the structures on the property are unsafe, open to vagrants
and minors and should be secured and made safe or demolished and removed as more specifically set forth
in Mr. Hatin's letters dated April 25th and May 22nd, 2000, and
WHEREAS, Mr. Hatin has advised the Queensbury Town Board that in his opinion the structures
on the property are dangerous and unsafe to the general public and therefore would like the Town Board to
take action if the property owners fail to repair or demolish the structures, and
WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town
Law ~130(l6), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe
and dangerous, and if so, order that notice be served upon the owner or other persons interested in the
property that the structure must be repaired or demolished and removed,
NOW, THEREFORE, BE IT
RESOLVED, that after reviewing all of the evidence presented at this time, the Queensbury Town
Board is of the opinion that the structures located on property owned by David Wells and located on
Corinth Road, Queensbury (Tax Map No.'s: 149-1-5.1 and 149-1-5.21) appear to be dangerous and unsafe
to the public, and
BE IT FURTHER,
RESOLVED, that the Town Board shall hold a hearing concerning this property on June 19th,
2000 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and
Codes Enforcement to serve a notice setting forth its determinations upon the property owner or his
executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the
property, the contents, service and filing of the notice to be in accordance with the provisions of
Queensbury Town Code Chapter 60 and New York State Town Law ~130(l6).
Duly adopted this 5th day of June, 2000, by the following vote:
AYES
Mr. Stec, Mr. Martin, Mr. Turner, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
RESOLUTION AUTHORIZING PURCHASE ORDER FOR
MICROSOFT OFFICE 2000 UPGRADE LICENSES FROM
DELL COMPUTER
RESOLUTION NO.: 233, 2000
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. James Martin
WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which
require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York
State bidding limits, and
WHEREAS, the Computer Technology Coordinator has advised the Town Board that it is
necessary for the Town to purchase fifty (50) Microsoft Office 2000 Upgrade Licenses and recommends
that the Town Board authorize purchase of the Licenses from Dell Computer for an amount not to exceed
$9,142, and
WHEREAS, New York State Bidding is not required as the Licenses to be purchased are under
State Contract No.: PT 54156,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the purchase of fifty (50)
Microsoft Office 2000 Upgrade Licenses from Dell Computer under State Contract No.: PT 54156 for an
amount not to exceed $9,142 to be paid for from Account No.: 001-1680-2032, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Computer Technology
Coordinator and/or Town Comptroller's Office to take such other and further action as may be necessary to
effectuate the terms of this Resolution.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES
Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
RESOLUTION AUTHORIZING INCREASE IN CONTRACT AMOUNT FOR GOVERN SOFTWARE,
INC. - INTEGRATED LAND MANAGEMENT SOFTWARE PACKAGE
RESOLUTION NO.: 234, 2000
INTRODUCED BY: Mr. James Martin
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, by Resolution No.: 259.99, the Queensbury Town Board authorized the purchase of
an Integrated Land Management Software Package from Govern Software, Inc., (Govern) for an amount
not to exceed $83,782, and
WHEREAS, the Town Comptroller has advised that utility billing and supporting data conversions
did not proceed as quickly as planned and therefore, in order to expedite the Community Development
Department's early June conversion schedule, Govern will need to spend four (4) additional days on-site for
an additional contract amount of $4,400,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes a $4,400 increase
in the Contract with Govern Software, Inc. to cover four (4) additional on-site days in accordance with the
Town Comptroller's May 23, 2000 Memorandum to the Town Board presented at this meeting, and
BE IT FURTHER,
RESOLVED, that this authorized increase will bring the Govern Contract conversion amount to
$81,135 and the total Govern Contract amount, including maintenance and support fees of $7,047, to a total
of $88,182, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Comptroller and/or
Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this
Resolution.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Martin, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
DISCUSSION BEFORE VOTE:
Bill Shaw, Computer Tech. Coordinator gave brief overview of the Govern conversion process...
RESOLUTION AUTHORIZING PURCHASE ORDER FOR 12" FITTINGS FOR TOWN WATER
DEPARTMENT
RESOLUTION NO.: 235, 2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which
require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York
State bidding limits, and
WHEREAS, the Water Superintendent solicited proposals for the purchase of 12" fittings to be
used in connection with various capital construction projects within the Town's Water distribution system,
specifically in the vicinity of Bay and West Mountain Roads, and has recommended that the Town Board
authorize the purchase of the 12" fittings from the lowest bidder, Blair Supply, for an amount not to exceed
$5,501.20,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Water Department's
purchase of 12" fittings from Blair Supply for an amount not to exceed $5,501.20 to be paid for from
Account No.: 040-8340-2899, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Water Superintendent to take
such other and further action as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES
Mr. Stec, Mr. Martin, Mr. Turner, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
RESOLUTION TO AMEND 2000 BUDGET
RESOLUTION NO.: 236, 2000
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Queensbury Town Board wishes to authorize fund transfers for the 2000 Budget
and the Chief Fiscal Officer has approved the requests,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Comptroller's Office to take all action necessary to transfer funds and amend the 2000 Town Budget as
follows:
CEMETERY:
FROM:
TO:
$ AMOUNT:
02-8810-1440
(H.E.O.)
02-8810-4155
(Temp. Employee)
2,000.
COMMUNITY DEVELOPMENT:
FROM:
TO:
$ AMOUNT:
01-1990-4400
(Contingency)
01-8020-4060
(Serv. Contracts)
7,000.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES
Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
RESOLUTION AUTHORIZING TRANSFER FROM RECREATION ASSESSMENT RESERVE FUND
#61 TO QUEENSBURY TOWN PARKS TOILET FACILITIES CAPITAL PROJECT FUND # 120
RESOLUTION NO.: 237,2000
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. James Martin
WHEREAS, the Queensbury Town Board previously established a capital reserve fund for future
recreational developments known as the Recreation Assessment Reserve Fund #61 (Fund #61), and
WHEREAS, the Town Board wishes to withdraw and expend funds from Fund #61 for specific
improvements and items of equipment for a number of Town parks in the calendar year 2000, as follows:
1. the rental of approximately six (6) portable toilet facilities (handicapped accessible and traditional types)
from June - October (seasonal use) at the estimated cost of $2,600; and
2. the purchase of approximately twenty-four (24) 6' x 8' sections of wooden stockade fencing and
necessary installation hardware to enclose the portable toilets at the estimated cost of $900;
for a total cost not to exceed $3,500, and
WHEREAS, the Department of Parks and Recreation anticipates locating the seasonal portable
toilet facilities at the following Town park facilities as follows:
1. Gurney Lane Recreation Area - Two (2) toilets;
2.Hudson River Park - Two (2) toilets;
3.Freedom Park - One (1) toilet;
4.West End Park - One (1) toilet;
and
WHEREAS, in accordance with New York State General Municipal Law ~6(c), the Town Board
is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the specific improvements
and items of equipment listed above are a "physical public betterment" and meet the requirements for
which the Recreation Assessment Reserve Fund #61 (Fund #61) was established, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the transfer of $3,500 from Fund
#61 after expiration of the permissive referendum period, such funds to be placed into the Queensbury
Town Parks Toilet Facilities Capital Project Fund # 120 and further directs that if any funds are left over
after the project is completed or the project is not undertaken, the funds shall be returned to Fund #61, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum in accordance with the
provisions of Article 7 of the Town Law and the Town Board authorizes and directs the Town Clerk to
publish and post such notices and take such other actions required by law.
Duly adopted this 5th day of June, 2000 by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Martin, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
RESOLUTION AUTHORIZING HIRING OF JILL BL Y TO WORK FOR TOWN DEPARTMENT OF
PARKS AND RECREATION
RESOLUTION NO.: 238,2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. James Martin
WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to
hire Jill Bly to work part -time for the Department as a Lifeguard/Swim Instructor and Assistant Pool
Manager, and
WHEREAS, Jill Bly is the daughter of Diane Herald, a Town employee,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Jill Bly
to work for the Town's Department of Parks and Recreation as a part-time Lifeguard/Swim Instructor and
Assistant Pool Manager, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Director of Parks and
Recreation and/or Town Supervisor to complete any forms and take any action necessary to effectuate the
terms of this Resolution.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES
Mr. Stec, Mr. Martin, Mr. Turner, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
RESOLUTION AUTHORIZING INTERMUNICIP AL AGREEMENT WITH WARREN COUNTY FOR
ENGAGEMENT OF CLOUGH, HARBOUR & ASSOCIATES, LLP TO PERFORM TRAFFIC
ENGINEERING SERVICES IN VICINITY OF
EXIT 18/CORINTH ROAD CORRIDOR
RESOLUTION NO.: 239, 2000
INTRODUCED BY: Mr. James Martin
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, in March of 1999 a "Corridor Management Plan for the Exit 18-Corinth Road
Corridor" (Plan) was prepared for the Adirondack/Glens Falls Transportation Council (Council), which
Plan indicated that coordination of the timing of signals along Main Street, Queensbury would improve
traffic movement in the area, and
WHEREAS, Warren County's Department of Public Works (DPW) solicited proposals from
professional engineering firms to develop the timings and other improvements recommended in the Plan,
and
WHEREAS, DPW and the Town of Queensbury's Executive Director of Community
Development reviewed all proposals received and have recommended that the Warren County Board of
Supervisors and Queensbury Town Board authorize engagement of Clough, Harbour & Associates LLP to
provide the necessary engineering services for an amount not to exceed $4,900 with the County and Town
each paying 50% of the total cost, or $2,450, and
WHEREAS, by Resolution No. 570 of 1999, the Warren County Board of Supervisors authorized
an Intermunicipal Agreement between Warren County and the Town to share these costs, and
WHEREAS, the Town Board also wishes to authorize preparation of an Intermunicipal
Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of
Clough, Harbour & Associates LLP to develop the timings and other recommended improvements for the
Exit 18/Corinth Road Corridor in the Town of Queensbury for an amount not to exceed $4,900 with the
understanding that Warren County and the Town of Queensbury will each pay 50% of the total cost or
$2,450, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
an Intermunicipal Agreement providing for these services in form approved by Town Counsel and take
such other and further action necessary to effectuate the terms of this Resolution.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES
Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
RESOLUTION AUTHORIZING AMENDMENT TO CERTIFICATE OF INCORPORATION OF THE
QUEENSBURY ECONOMIC
DEVELOPMENT CORPORATION
RESOLUTION NO.: 240, 2000
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Dennis Brower
WHEREAS, the Certificate of Incorporation of the Queensbury Economic Development
Corporation (QEDC) presently provides that members of the Corporation shall consist of those persons
appointed by the Queensbury Town Board, and
WHEREAS, this provision is inconsistent with QEDC's By-Laws which state that the members of
the QEDC shall consist of those persons appointed by the QEDC Board of Directors and that the QEDC's
Board of Directors be identical to and shall consist of the members of the Corporation, and
WHEREAS, to alleviate this inconsistency, the QEDC recently adopted a Resolution authorizing
amendment of its Certificate of Incorporation to provide that the QEDC Board of Directors may appoint the
members of the QEDC, and
WHEREAS, the Town Board wishes to adopt a Resolution authorizing this amendment to QEDC's
Certificate of Incorporation,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the amendment to
the Certificate ofIncorporation of the Queensbury Economic Development Corporation (QEDC) thereby
providing that the Board of Directors of the QEDC shall have the authority to appoint members of the
Corporation and that the members shall constitute its Board of Directors, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to
forward a certified copy of this Resolution to QEDC.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Brower
NOES
Mr. Martin
ABSENT:
Mr. Brewer
RESOLUTION AUTHORIZING INTERMUNICIPAL LEASE AGREEMENT WITH WARREN
COUNTY FOR USE OF HIGHWAY DEPARTMENT SHOULDER MACHINE EQUIPMENT
RESOLUTION NO.: 241,2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Warren County Department of Public Works (DPW) wishes to rent shoulder
machine equipment (equipment) owned by the Town of Queensbury Highway Department, and
WHEREAS, the Town and DPW have negotiated lease terms and now wish to enter into an
Intermunicipal Agreement concerning DPW's rental of the Town's equipment in accordance with the
provisions of Highway Law ~ 117 and ~ 142-d, and
WHEREAS, a copy of the proposed Intermunicipal Agreement has been presented at this meeting
and is in form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Intermunicipal Agreement
between Warren County and the Town of Queensbury concerning the lease of Town Highway Department
shoulder machine equipment substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
the Intermunicipal Agreement and take such other and further action necessary to effectuate the terms of
this Resolution.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES
Mr. Stec, Mr. Martin, Mr. Turner, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
RESOLUTION ACCEPTING DEDICATION OF BERRY PATCH DRIVE AND SOUTHERLY
EXTENSION OF FIELD VIEW SOUTH
IN PHASE 2 OF BAYBERRY MEADOWS SUBDIVISION
RESOLUTION NO.: 242,2000
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Cerrone Builders, Inc., has offered a deed to dedicate Berry Patch Drive and the
southerly extension of Fieldview South located in Phase 2 of the Bayberry Meadows Subdivision to the
Town of Queensbury as more particularly described in the Final Subdivision Plan prepared by VanDusen
and Steves Land Surveyors, LLC dated May 18th, 2000 and updated on June 2nd, 2000, and presented at
this meeting, and
WHEREAS, the Town Highway Superintendent has recommended acceptance of the roads, and
WHEREAS, the Town Water Superintendent has advised that the Bayberry Meadows Subdivision
is not located within the Town's Water District and therefore Town Water Department review is not
required, and
WHEREAS, the form of the deed and title to the roads offered for dedication have been reviewed
and approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for the
dedication of Berry Patch Drive and the southerly extension of Fieldview South located in Phase 2 of the
Bayberry Meadows Subdivision, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute,
sign and affix the Town seal to any and all documents necessary to complete the transaction, and
BE IT FURTHER,
RESOLVED, that the road be added to the official inventory of Town Highways to be described
as follows:
Name:
Berry Patch Drive
Road Number:
522
Description:
Beginning at Fieldview South and continuing in an east to west
direction a distance of 937.4' and .17 of a mile and ending at a cul-
de-sac.
Feet:
937.4' and .17 of a mile
Name:
Fieldview South (Extension - first portion previously accepted)
Road Number:
517
Description: Beginning at Fieldview South and continuing in a southerly direction a distance of
211.5' and .04 of a mile and ending at Berry Patch Drive
Feet:
211.5' and .04 of a mile
Duly adopted this 5th day of June, 2000, by the following vote:
AYES
Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FOR PURCHASE OF WATER SPIGOT TO
BE
PLACED AT HOVEY POND
RESOLUTION NO.: 243,2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Town Supervisor has requested Town Board approval to transfer $1,500 in funds
for the purchase of a water spigot to be used for watering purposes at Hovey Pond Park,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the transfer of
funds in the amount of$I,500 from Contingency Account No.: 01-1990-4400 to Misc. Capital
Construction Account No.: 01-7110-2899 for the purchase of a water spigot to be placed at Hovey Pond
Park, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Comptroller's Office to take all action necessary to transfer funds and amend the 2000 Town Budget
accordingly, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office,
Water Superintendent and/or Department of Parks and Recreation to take such other and further action
necessary to effectuate the terms of this Resolution.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Martin, Mr. Brower
NOES
None
ABSENT:
Mr. Brewer
CORRESPONDENCE
Deputy Town Clerk Barber read the following letters into the record:
June 1, 2000
Dear Town Board Members,
Recent articles in the local newspapers have prompted me to write you this letter. I wish to
express my disappointment about published and unpublished comments made regarding the Planning
Board's recent denial of the MegaSave store application on Bay Road.
While the Planning Board's vote did not reflect the Town Board's support for this project, bear in
mind the Planning Board's review process included many more meetings and request for additional
information over the course of 8 + months. Clearly the Planning Board's review was a much more
concentrated review than the Town Board chose to pursue.
I can attest that all the Planning Board members gave this application a very fair review. Each and
every member of the Town's Planning Board is a dedicated volunteer resident, who devotes their time and
energy to the Town's planning process. We all have the community's health, safety and general welfare in
mind when we review any application before us.
It disturbs me to know that some elected officials of this town, publicly and privately, chastised
the Planning Board for it's review of this difficult application. Furthermore, it personally insults me that
members of your board have referred to me as the "ring leader" behind the denial of this application. I find
these types of negative comments to be counterproductive and lend to further apathy toward the town
government process. There is no place in local government for elected officials who condenm volunteers
who willingly give their time for the good of their community.
In closing, bear in mind how difficult it is to get citizens who will devote themselves to their
community. You should praise each and every volunteer for their efforts, not criticize them for your lost
expectations.
Respectfully,
Craig MacEwan
Planning Board Chairman
Councilman Martin-I'd like to offer a comment for the record. I really don't care for this letter. I have been
publicly silent about that because I respect the autonomy of the Planning Board and will continue to do so.
And I don't think this letter is positive or is constructive and in my regard, it's not accurate. And I would
hope that he would respect our autonomy as well. I don't politicize these things and I give the Planning
Board every credit for the time and effort they put in especially in a growth year like we're in right now.
Am I entitled to disagree with the decision they have? Of course I am, anybody is. But I disagree with the
tone of this letter and I don't think it's constructive.
Supervisor Brower-Thank you Mr. Martin. I would like to recognize Warren County Supervisor Caimano
from Queensbury. I'm sorry I didn't recognize you at the start of the meeting but thank you for attending.
Nicholas Caimano, Warren County Supervisor-Thank you Mr. Chairman and members of the board.
Gentlemen and Mrs. Barber, I too am concerned about Craig MacEwan's letter. I'm concerned I guess
because of the implications it has on, for how we're taken as elected officials and volunteer officials at the
town level. As you are or you have been, I am also a former Planning Board Member and I appreciate what
Craig is talking about when he says that the Planning Board people have to be and should be autonomous
and should not be whipped. I know how I felt when and I'm sure you felt the same way. My concern
though is are some of the things we've said. I'm not here to support the project. Far from it, I find it
difficult to imagine why a company would move from a prime spot on Glen Street and move over to there
but that's another story. My concern is the end where he talks about, that disturbs me to know that some
elected officials of this town publicly and privately chastised the Planning Board. First of all, obviously as
you pointed out you have a right to chastise anybody you would like. Because you are elected, you're
citizenship rights have not been taken away from you.
Councilman Martin-I wouldn't even use the word chastise, that sets a certain tone. I'm entitled to disagree.
Mr. Caimano, Warren County Supervisor-That's correct. You're entitled to disagree.
Councilman Martin-And I may disagree with them on this decision as I will many but I will not chastised
them. I will not put them down for it. It's a disagreement on technical merits.
Mr. Caimano, Warren County Supervisor-But I don't think that, at least I didn't read it that way that the
Planning Board was disagreed with or chastised or criticized. As a matter of fact, the Planning Board, it
seems to me with people like Mr. Vollaro and Mrs. La Bombard work very hard in relative obscurity.
Councilman Martin-The sentence that really got my ire is, clearly the Planning Board's review was much
more concentrated review then the Town Board chose to pursue. Well, that's fraught with assumptions.
Mr. Caimano, Warren County Supervisor-Well, of course it is, of course it is but I can't, I'm on the other
side on that. My concern is the fact that Mr. MacEwan constantly is upset because he is or perceives to be
criticized by either the elected officials or by anybody else. Mr. MacEwan put himself in that position. Mr.
MacEwan is a constant candidate for elected office and as such, he opens himself up, as we all do, to
criticism and I find it disingenuous of Mr. MacEwan to want to be a politician and yet be concerned that
he's treated like a politician on the other side. Mr. MacEwan is very Clintonesk in his, in the way he treats
the law. Mr. MacEwan has been known to argue viscerally against projects and then go publicly and vote
against them on his board even when asked to not do so. As a matter of fact, I believe he came before you
and spoke against the rezoning as the Planning Board Chairman. That's, it's his right to do that. What's not
his right is to then go back and vote against the project and then claim that he's an open minded member of
the Planning Board cause he's not. So, I find it very disconcerting that the public would get the opinion that
there is a rift between the Planning Board, the volunteers and the very people, the elected officials who put
them in that spot. I don't believe it's there. It's there because of Craig MacEwan himself but Craig
MacEwan brings that on himself. And if Craig MacEwan wants to be in the public arena, then he has to be
a little less sensitive and be in the public arena. But he can't have it both ways.
Supervisor Brower-Thank you Mr. Caimano. Can we continue to read further correspondence, please?
June 2, 2000
Town of Queensbury Town Board
Gentlemen:
I am writing to express my sincere displeasure with the Town Planning Board's recent decision
denying site plan approval of our proposed project in Queensbury. As a regional development company,
Nigro Companies has developed and managed commercial properties for over 25 years and has been a
developer in the Town of Queensbury for approximately seventeen years. We take great pride in our
properties and we make a strong effort to design and maintain them such that they will be an enhancement
to the various communities in which they are located.
I believe that the record clearly shows that we have made every possible attempt to improve our
proposed project to address the issues raised by the Town Planning Board and its consultants.
After the Town Board completed its SEQRA review, issued a "negative declaration" on potential
adverse environmental impacts and granted the rezoning of the 1.75 acre parcel at the rear of the project,
we participated in a three and one-half month site plan review process with the Planning Board. In order to
gain site plan approval, we voluntarily submitted to architectural review although it is not required under
the Town code and, as the result, the building design was vastly improved. We believe that the final design
is superior to any of the larger commercial developments within the Town of Queensbury. With respect to
the site design we not only complied with the requirements of the existing Zoning Code, we complied with
the requirements of the proposed design standards issued by the Town consultant, The Chazen Companies.
Not only did we comply with the required 50-foot buffer between the commercial and the industrial zones,
we provided for an 8-foot earth berm with very substantial landscaping. Indeed, the proposed landscaping
exceeds the height for trees and shrubs currently required. The final site plan also includes more parking
lot planting than is currently required and shorter parking light poles than currently required. The project
has been reviewed by Rist Frost Associates, as Town Engineer, Volmer Associates, as Town traffic
consulting engineers and the Warren County Department of Public Works which has issued a letter
approving the final roadway design. There are no design issues which have not been fully addressed.
Indeed, the proposed 48 % greenspace far exceeds the 30 % required under the Town Zoning Code.
Therefore, the site could easily accommodate a larger building without requirement of any area variances.
We have been advised by our attorney that under applicable New York Law, the decision of the
Planning Board to deny site plan approval was arbitrary and capricious and that we have a strong case to
have the denial overturned by the Supreme Court. Accordingly, we now may have no choice but to
commence an Article 78 proceeding to pursue what we believe we are legally entitled to.
Nigro Companies has never commenced litigation against any municipality and we do not look
forward to doing so in Queensbury. We have at all times remained willing to work with the Planning
Board but we are unaware of any site plan modifications which have been requested but not offered.
Nevertheless, we are certainly willing to work with the Town to avoid necessity of an Article 78
proceeding if at all possible. We believe strongly that this proposed $10,000,000 project will be an asset to
the Town and will be a visually attractive addition to the Town's main commercial corridor. We have
enjoyed our longstanding relationship with the Town of Queensbury and sincerely hope that we can solve
this matter to our mutual satisfaction. Thank you.
Sincerely,
Nigro Companies
John 1. Nigro
June 5, 2000
Mr. Dennis Brower, Supervisor
Dear Dennis:
Regretfully, and for personal reasons, I am submitting my resignation as a member of the
Queensbury Planning Board. This should be effective immediately.
It has been a pleasure to work with the Planning Board for over six years, both as a Member and
as a Chairman.
Chris Round and his staff are all very professional and easy to work with. I have enjoyed my
association with them.
Again, working on the Planning Board has been an interesting and rewarding
experience and I regret having to leave.
Sincerely,
Robert F. Paling
Supervisor Brower noted that he spoke with Mr. Paling today and regretfully accepted his resignation and
thanked him for the many years he's devoted to the Town Planning Board. He shared with me the fact that
he wasn't going to ask for renewal of his term in December anyway and for health reasons, he decided this
would be an appropriate time to resign from the Planning Board.
Councilman Martin-I'd like to echo those comments. He first came on the board when I was in Chris's
position and he's the past chairman of that board and he always was very diligent in his duties and took
them very seriously and very level headed and reasonable in his approach to things. He was good member,
he's going to be missed.
TOWN COUNCILMEN'S CONCERNS
Supervisor Brower noted that the town has received a signed copy from the State Police for a new ten year
lease agreement for the barracks on Aviation Road.
Councilman Martin noted that he met with John Nigro at his request in which he echoed his approach that
he would rather not get into this litigation, it's not his style and he certainly didn't want this to reflect on his
relationship with the town or his presence in the town has a landowner. He thought this was unfortunate
but if he has to do it, he will and he wanted to convey that message.
Councilman Stec questioned status of Burke Drive sidewalks?
Mr. Round, Executive Director noted that he spoke to VanDusen and Steves this morning. .. they will
complete all the field work and plan to have a draft manuscript to the town next week.
Councilman Stec read the following letter from a constituent into the record:
FROM: Alan D. Finch
1 Pinion Pine Lane
Queensbury, New York 12804
RE:
Racetrack on the opposite side of Potter Road
which is owned by the City of Glens Falls
Dear Sir:
This letter is to follow up on our phone conversation yesterday. Just two days ago that a buyer
was at my house to present me with a check to bind their purchase of my house at # 1 Pinion Pine Lane,
while they stood at my driveway two 4-wheel all-terrain vehicles went racing eastbound at speeds above
the speed limit posted for cars on Potter Road. The noise and the flying dirt was such that the perspective
buyer took their check back and decided on the spot that they didn't want the house. This is the second
buyer that I know of that didn't take the house due traffic speed on Potter Road plus the dust and noise from
the racetrack like area next to Potter Road. These conditions have prevented the sale of my house on the
north side of Potter Road. Please do whatever you can to see that the noise, traffic and dirt is stopped and
on the property of the City of Glens Falls. We need the speed limit at the same as Aviation Road and no
traffic of any kind on the city property next door. Thanks for your help.
Very truly yours,
A.D. Finch
Councilman Stec noted that also enclosed is a similar letter that he addressed to Don Colts, Water and
Sewer Superintendent for Glens Falls.... Encourage Supervisor Brower to contact the city and the sheriffs
department to address and enforce their trespassing problems on their land in our town.
CORRESPONDENCE
Deputy Town Clerk Barber read the following petition into the record:
June 5, 2000
Mr. Dennis Brower, Town Supervisor
Town Board Members
Dear Mr. Brower and Town Board Members:
As concerned citizens, we believe the maintenance of Ashley Place should be reviewed prior to
this week's scheduled resealing project. Additional aspects of the road need to be studied in order to
properly maintain the street. Many decades ago most of our street was constructed with curbs and
sidewalks. Years of deterioration and additional layers of pavement have caused many of our curbs to be
ineffective or only partially in place, now requiring the curb reveal to be reestablished. The storm drains
are also considerably lower than the surrounding pavement, causing additional problems and safety
concerns for bikers and motorists.
In the past the Town has taken the position that deterioration of our sidewalks was not a concern
to the Town. As a result, many of us have either totally replaced the sidewalks in front of our homes or
continually patched them at our own personal expense. We take pride in our neighborhood, and as such we
also landscape and maintain the island between Ashley Place and Broadacres Road at our own expense.
We believe that, at the very least, the Town must maintain the street infrastructure as this is out of our
control.
We believe the road needs to be reprofiled in order to regain our curb reveal and storm drain
height. The curbs need to be totally replaced in several areas and new "bike safe" storm grates need to be
installed on the storm drains. We realize the analysis and planning of these maintenance items may take a
few months. Therefore, we request that the Town postpone this week's scheduled work in order to study a
revised project.
Petition received June 5th with fourteen signatures, on file in the Clerk's Office.
Supervisor Brower noted that he'll refer the matter to Highway Superintendent Missita to delay the work
pending further discussions.
PLANNED DISCUSSIONS
Mr. Bob V ollaro, 5 Gentry Place, Queensbury spoke to the board regarding the proposed Baybridge Sewer
District Extension referring to his letters submitted to the board on March 4th, 16th and May 13th, more
specifically his concerns regarding the buy-in fee.
Mr. Valente spoke to the board regarding the need for the sewers in that area... noted that they were
proposed fifteen years ago for that site.... town needs to take action now.
Town Board held discussion and agreed to schedule a more in-depth discussion with Ralph and Mike at the
next Town Board Workshop session...
RESOLUTION ADJOURNING TOWN BOARD MEETING
RESOLUTION NO.: 244,2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Daniel Stec
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their Regular
Town Board Meeting.
Duly adopted this 5th day of June, 2000, by the following vote:
AYES:
Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES:
None
ABSENT:
Mr. Brewer
No further action taken.
RESPECTFULLY SUBMITTED,
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY