2007-06-18 MTG26
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
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REGULAR TOWN BOARD MEETING MTG #26
JUNE 18, 2007 RES. 285-306
7:00PM BOH 6-7
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ROGER BOOR
COUNCILMAN RICHARD SANFORD
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN OFFICIALS
ASSESSOR, HELEN OTTE
CEMETERY SUPERINTENDENT, MIKE GENIER
FISCAL MANAGER, BARBARA TIERNEY
SENIOR PLANNER, STUART BAKER
WASTEWATER DIRECTOR, MIKE SHAW
PRESS
TV8
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ROGER BOOR
SUPERVISOR STEC- OPENED MEETING
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 285,2007
INTRODUCECD BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED,
that the Town Board of the Town of Queensbury hereby enters into the
Queensbury Board of Health.
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Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
QUEENSBURY BOARD OF HEALTH
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE
DISPOSAL
VARIANCE APPLICATION OF ARLENE SEELYE
RESOLUTION NO.: BOH 6, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of
Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s
On-Site Sewage Disposal Ordinance, and
WHEREAS, Arlene Seelye has applied to the Local Board of Health for variances
from Chapter 136 to install a septic tank/pump station:
1.3’ from the foundation instead of the required 10’ setback;
2.9’ from the well instead of the required 50’ setback; and
3.5.4’ from the property line instead of the required 10’ setback;
on property located at 148 Sunnyside Road North in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public
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hearing on Monday, July 2, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742
Bay Road, Queensbury, to consider Arlene Seelye’s sewage disposal variance application
concerning property located at 148 Sunnyside Road North in the Town of Queensbury (Tax
Map No.’s: 290.5-1-36, 290.5-1-38) and at that time all interested persons will be heard,
and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury
Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a
copy of the Notice to neighbors located within 500 feet of the property as required by law.
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Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 7, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED ITS ADOPTION
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SECONDED BY: Mr. John Strough
RESOLVED,
that the Queensbury Board of Health hereby adjourns and enters Regular
Session of the Town Board of the Town of Queensbury.
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Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
REGULAR TOWN BOARD MEETING
2.0 CORRESPONDENCE
Deputy Clerk Rose Mellon read the following Petition into the record:
We, the residents of the western end of Luzerne Road in the Town of Queensbury, have
been adversely effected by the development project, being performed by Ferrone,
between Luzerne Road and Upper Sherman Avenue. With this petition, we are asking
that you put a moratorium on the construction of this development and we also ask that a
few stipulations be set forth before the developer continues with this project. The first of
these stipulations being that an engineered study be performed in order to determine what
impact a development like this will have on the environment. (i.e. the removal of trees,
and the effects of ground water). Then in order to ensure that flooding not occur in the
surrounding areas, a Time Stipulation should be in place stating that this type of project
only be performed after the ground thaws and be finished before the first snowfall. As
residents and tax payers of the Town of Queensbury, we have the right to be involved in
the process in which a development is to be constructed.
TWENTY-NINE SIGNATURES ON FILE IN THE TOWN CLERK’S OFFICE)
(
COUNCILMAN BOOR- Dan Ryan did his calculations and his observations on this and
he did take this into consideration and will be talking to this developer.
COUNCILMAN BREWER-will try to contact Carolyn Hart to give her an update on the
situation.
3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR
NONE
4.0 PRIVILEGE OF THE FLOOR
JOHN SALVADOR-
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Questioned Supervisor Stec whether he knew before he approved the participation
of the County in the purchase of the Gaslight Village property that the assessed
valuation of that property is 1.7 million dollars?
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Spoke regarding democracy- stated that this Country is not a democracy
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Stated that the Crandall Library Bonds are on the market- these are revenue
bonds. Read a disclaimer from the first page of the prospectus. Stated that
Fitzgerald, Morris, Baker, Firth will be handling certain legal matters. He feels
since they represent the IDA they have a conflict in matters pertaining to the
Library and this financing if they would also represent this Town. Stated his
interest in having a workshop regarding the Library.
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PLINEY TUCKER-
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Attended the last workshop regarding the flooding on Michael’s Drive. In 1998 or
1999 a study was done (he believes this was done by Tom Nace) to send the water
to Luzerne Road and over to Corinth Road into Clendon Brook and it was
determined at that time that the system on Luzerne Road and Corinth Road was
non-sufficient to take on the extra burden of piping that water through. He wants
the Board to look into this and use the information that is available to them.
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Spoke regarding Glens Falls Ready Mix on Big Boom Road. He has noticed that
50-75% of their site is filled with unusable concrete. This has been an issue in the
past and on a couple of occasions it was requested by the Board that they clean it
up and they did. He has asked that action be taken to resolve this once again.
MARK HOFFMAN-
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With regards to the Comprehensive Land Use Plan, questioned whether he could
review the most recent draft. He was told by Stuart Baker that copies will be
available at the Town Clerk’s office and will be posted on the Town’s website
tomorrow and there will be a copy on file at the Crandall Public Library.
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He spoke regarding the workshop last week on the flooding issue on Michael’s
Drive. Stated that he agrees with Mr. Tucker that these issues need to be
addressed. He encouraged the Board to take a more comprehensive look at the
entire process in terms of how this is coming about. Councilman Boor assured
him that they are taking a cautionary approach to make sure these issues are
addressed and corrected. They need to come up with a plan, a procedure that is
applied equally to all areas of Town when these things arise so that favoritism
isn’t shown and that those people that are responsible share in the remediation.
Councilman Sanford stated that there has not been compliance with the codes. Mr.
Hoffman suggested before approving another set of subdivision regulations you
may want to ask the engineer whether or not these regulations do the job that they
are meant to do. Noted his concern regarding the remedy causing problems some
other neighborhood. Councilman Brewer stated that Dan Ryan is looking into
this.
BERNARD RAHILL-
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Spoke regarding an article of his published in the Post Star fifteen years ago on
various issues with respects to the Town’s development. He made the suggestion
to the Board that they really think about the Comprehensive Land Use Plan and
make sure that they micro-manage it.
LINCOLN CATHERS-
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Stated that he has sat through several meetings over the past six months where the
subject was wetlands and water problems, especially along Meadowbrook Road,
Homer Avenue, and the aqueducts underneath Quaker lane. He suggests that the
Town make use of the land that was acquired on Meadowbrook Road just North
of Halfway Brook. Potentially that piece of property can be used to help solve
some of the water problems in that area. Councilman Sanford suggested the use of
an overflow basin to possibility resolve the water issues in that area. He feels that
this is something to definitely look into.
DOUG AUER-
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Requested an apology from Councilman Brewer for comments made at a previous
Town Board Meeting.
5.0TOWN BOARD DISCUSSIONS
COUNCILMAN BREWER- No comment
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COUNCILMAN STROUGH-
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He spoke regarding Mr. Salvador’s presentation on Democracy. Democracy
should be a conversation.
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He is hearing only one side with regards to the fire districts and one side with the
formation of a village. For the sake of public discourse and for the sake of being
democratic we should listen to both sides, both the up side and the down side. He
stated he is only hearing the upside and not the down side on these issues.
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The Comprehensive Land Use Plan- Thanks Stuart Baker for the MS4 Report a
lot of work has gone into it and a lot of work still needs to be done. Spoke of the
Implementation Plan and discussed creating an ongoing CLUP Review
Committee. Develop a long term open-space preservation program, develop a
master plan for the Watershed property, and develop a methodology to force a
more comprehensive analysis of potential impacts- such as impacts on hydrology
and traffic rather than a segmented analysis. Also spoke on sidewalks with
regards to the plans. He will e-mail Stuart Baker these ideas. He stated that our
Comprehensive plan and our Zoning have to be good reflections of one another.
He is suggesting that it should state in the Implementation Plan that it should be
reviewed regularly.
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Complimented Warren County, Lake George Association, Fund for Lake George
for stepping up to the plate and offering a potential storm water remedy that was
previously Gaslight Village.
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Spoke about protecting the integrity of the Lake environment.
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Spoke on an article in the Wall Street Journal regarding how Europeans are
creating bike friendly cities and bike friendly communities. In hopes that
Queensbury can catch up with Europe on that.
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There are a group of people who would like the Beautification Committee but
down-size it. He will be looking into this.
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Questioned Supervisor Stec on when the Pyramid Company is going to do
something with the Former Howard Johnson’s? It is beginning to be an eye sore.
Supervisor Stec agrees but stated that if it is not a health hazard there is not much
they can do other than encourage a more productive use there.
COUNCILMAN SANFORD-
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Referred back to the last meeting and asked Supervisor Stec to follow-up with the
developers on repairing those culverts that they talked about.
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Spoke of Resolution 6.19 regarding the enhanced pilot program for the Tribune Media
Project. This will be handled at a workshop tomorrow (Tuesday, June 19, 2007 4:30PM).
Questioned Supervisor Stec on a few concerns of his asked him to speak to Len
Fosbrook.
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Spoke regarding the potential fire burn center. “I want to go on record saying that I’m
certainly not opposed to a fire training center, especially if it’s needed. It’s feasible
financially and it makes sense but not on the ACC Campus. It should be on an industrial
site. I’ve been talking to a lot of people in my ward and they say, “what are you crazy,
they are going to put a burn center on the campus” and I say that’s where it seems to be
heading. I just really would like to see some reasonable people get together and think this
through. I’m not on the Board of Trustees of ACC but I have an appreciation and an
admiration for that school and what it is trying to do. I have a vision for that school in the
future, being an academic campus and somehow I picture this big burn center. It’s not
just going to be the five fire companies from Queensbury utilizing it, it’s going to be
Glens Falls, it’s going to be fire companies throughout all of Warren County, all of
Washington County, up north. It’s going to be going day after day, week after week
sirens, smoke, noise, esthetic problems. We have an upgraded area here now; it’s not the
same as it was fifteen or twenty years ago. This is just not a good idea and I just want to
go on record as a Town Representative speaking out for the County letting them know
that the people I’ve been talking to, and their not only all in ward two, but I’ve been
talking to a lot of people in ward two and no one really thinks this is a very good idea and
nor do I. I’ll leave it at that for now”.
Supervisor Stec stated that the County has not made a formal decision with regards to the
fire training center.
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COUNCILMAN BOOR-
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Recently he has had the opportunity to speak to Bob Hunts, the President of the
Sunnyside Lake Association. They are anxious to investigate the possibility of creating a
lake protection district. A year or so ago they approached the subject and there was
concern regarding the method determining payments. He doesn’t believe at that time the
cost of the necessary survey was determined. Several months ago he and Supervisor Stec
met with some individuals from the Glen Lake who also want to form a protection district
for their lake. They discussed the cost of the survey and the Town’s attorney was going to
get back to them and give them a ball park figure for a lake that size. He stated that he
hasn’t heard any feedback since that meeting months ago and he is wondering if the
attorneys have gotten back to those people. Supervisor Stec- recalls a couple of e-mails
on that. He will look into that tomorrow and get back to the Board.
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Spoke regarding an article in the last Chronicle publication on trapping regulations. DEC
is now looking into this. He stated that the Town of Queensbury is certainly not looking
to eliminate trapping or to go overboard but is looking to protect some neighborhoods.
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With regards to the Comprehensive Land Use Plan, there are some things in the code that
are insufficient and needs to be dealt with. Stated the need to enforce code and to have
well defined code.
SUPERVISOR STEC-
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Thanks Glens Falls National Bank and TV8 for televising these Town Board Meetings.
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Pointed out the Town’s website www.queensbury.net. There is a lot of very good
information there; meeting minutes and agendas can be downloaded for all the various
boards.
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We will be setting a lot of public hearings tonight. Most of them are for July 2, there is
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a couple of rezoning that will be held on the 16 of July. The Comprehensive Land Use
Plan and the MS4 will be set for two weeks from tonight. These are both large items.
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Thanked Senior Planner, Stuart Baker for all his hard work on his effort on the
Comprehensive Land Use Plan and MS4 Report They are short staffed down stairs and
he worked hard to get this ready for tonight’s meeting.
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Thanked Barbara Edmunds for helping Stuart Baker on the MS4 Report even though that
is not in her job description.
6.0RESOLUTIONS
RESOLUTION AUTHORIZING HIRING OF JOHN DALEY AS
TEMPORARY LABORER IN WASTEWATER DEPARTMENT
RESOLUTION NO. :286, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Town of Queensbury’s Wastewater Director has requested Town
Board authorization to hire a temporary Laborer to work during the summer for the Town’s
Wastewater Department,
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
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WHEREAS, there are sufficient funds for such temporary position in the 2007 Town
Budget,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
hiring of John Daley as a temporary Laborer to work during the summer of 2007 in the
Wastewater Department, and
BE IT FURTHER,
RESOLVED, that Mr. Daley shall be paid $12.00 per hour as set forth in Town
Board Resolution No.: 620,2006 to be paid from the appropriate payroll account, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Wastewater Director and/or Town Fiscal Manager to complete any forms and
take any action necessary to effectuate the terms of this Resolution.
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Duly adopted this 18 day of June, 2007 by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor
NOES: None
ABSENT: Mr. Brewer
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN
OF QUEENSBURY AND KUBRICKY CONSTRUCTION
CORPORATION CONCERNING EMERGENCY REPAIR OF
SANITARY SEWER
FORCE MAIN ALONG BAY ROAD
RESOLUTION NO. 287, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution No.: 118,2007, the Queensbury Town Board
determined that the repair of the 12” ductile iron force main along Bay Road between
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Lexington and Duke Drive was an emergency repair needed to best serve the Town’s
residents and such repairs should be made as soon as possible, and
WHEREAS, Resolution No. 118,2007 also authorized engagement of Barton &
Loguidice, P.C. (Barton) for the provision of engineering services related to the design and
construction administration of such emergency sanitary sewer force main
repair/replacement along Bay Road, and
WHEREAS, Barton and the Town’s Wastewater Director have recommended that
the Town Board authorize an Agreement with Kubricky Construction Corporation
(Kubricky) to complete such emergency repairs for an amount not to exceed
$343,850.00, and
WHEREAS, the Wastewater Director has advised the Town Board that there are
times when Change Orders may become necessary for such Contract and has requested
that the Town Board authorize him to approve and sign certain Change Orders that he
deems necessary or appropriate, provided that the aggregate amount of such Change
Order(s) do not exceed up to five percent (5%) of the original Contract award,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes an Agreement
with Kubricky Construction Corporation (Kubricky) for the construction and completion
of the emergency repairs of the sewer force main along Bay Road between Lexington and
Duke Drive for an amount not to exceed $343,850.00, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute an Agreement between the Town and Kubricky in form acceptable
to the Town Supervisor, Wastewater Director, Town Fiscal Officer and Town Counsel,
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Wastewater
Director to approve and sign Change Orders pertaining to this project, provided such
Change Orders do not exceed up to five-percent (5%) of the original Contract award and
provided the Town Wastewater Director notifies the Town Board immediately of such
Change Order(s), and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
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RESOLVED, that upon completion of work in such Contract and/or in any
necessary Change Order(s), the Town Board further authorizes payment for these
services with such amounts to be paid as follows: 75% from the Central Queensbury
Quaker Road Sanitary Sewer District Fund – Account No.: 32-8130-2899; 12% from
Hiland Park Sanitary Sewer District Account No.: 34-8130-2899; and 13% from Route 9
Sanitary Sewer District Account No.: 34-8130-2899, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves, authorizes and
directs that the 2007 Budget be amended by increasing appropriations as outlined above and
increasing the Appropriated Fund Balance in the aforementioned funds in the total amount
of $343,850.00 to provide for payment to Kubricky, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town's Fiscal
Manager to make any necessary adjustments, transfers, or prepare any necessary
documentation to provide for such payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Wastewater Director, Town Counsel and/or Town Fiscal Manager to take such
other and further action as may be necessary to effectuate the terms of this Resolution.
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Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Strough, Mr. Stec, Mr. Boor, Mr. Sanford
NOES: None
ABSENT: Mr. Brewer
RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF
BIDS FOR PLUMBING AND ELECTRICAL CONTRACTS IN
CONNECTION WITH THE SUPPLEMENTAL
RIDGE/JENKINSVILLE PARK PROJECT
RESOLUTION NO. 288, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
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SECONDED BY: Mr. Daniel Stec
WHEREAS, by Resolution No.: 99,2007, the Queensbury Town Board authorized
the supplemental Ridge/Jenkinsville Park Project (Project) and expenditures for such work,
and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids
and award the bids to the lowest responsible bidders meeting New York State statutory
requirements and the requirements set forth in the Town’s bid documents and specifications,
and
WHEREAS, the Town’s Purchasing Agent published an advertisement for bids for
the plumbing and electrical portions of the Project consistent with specifications prepared by
the Town’s Parks and Recreation Director, and
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WHEREAS, on June 8, 2007, the Purchasing Agent duly received and opened
all bids, and
WHEREAS, the Purchasing Agent, Recreation Commission and Parks and
Recreation Director have recommended that the Town Board authorize the bid awards as
follows:
1.Bid for the plumbing contract to the lowest responsible bidder, Monroe
Mechanical, Inc., for a bid amount not to exceed $13,405; and
2.Bid for the electrical contract to the lowest responsible bidder, Hour
Electric Co., Inc., for a bid amount not to exceed $15,378;
and
WHEREAS, the Parks and Recreation Director has advised the Town Board that
there may be times when Change Orders may become necessary for such bid awards and
Contracts and therefore has requested that the Town Board authorize him to approve and
sign certain Change Orders not to exceed the amount of $5,000 per Change Order, and
the aggregate of all Change Orders also not to exceed the total amount of $5,000, that he
deems necessary or appropriate, provided that the Director first confer and receive
authorization from the Recreation Commission,
NOW, THEREFORE, BE IT
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RESOLVED, that the Queensbury Town Board hereby accepts and awards the
following bids related to the supplemental Ridge/Jenkinsville Park Improvements Project
from the lowest responsible bidders:
3.Bid for the plumbing contract to Monroe Mechanical, Inc., for a bid
amount not to exceed $13,405; and
4.Bid for the electrical contract to Hour Electric Co., Inc., for a bid amount
not to exceed $15,378;
to be paid from Capital Construction Account No.: 138-7110-2899, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute Agreements and/or any other needed documents related to the bid
awards, in form acceptable to the Town Supervisor, Parks and Recreation Director, Town
Fiscal Manager and Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Parks and
Recreation Director to approve and sign Change Orders pertaining to such Agreement not
to exceed the amount of $5,000 per Change Order, and the aggregate of all Change
Orders also not to exceed the total amount of $5,000, that he deems necessary or
appropriate, provided that the Director first confer and receive authorization from the
Recreation Commission, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Purchasing Agent, Parks and Recreation Director, Town Fiscal Manager
and/or Town Counsel to take any and all action necessary to effectuate the terms of this
Resolution.
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Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT: None
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
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RESOLUTION AUTHORIZING HIRING OF ARINNE STILLER TO
WORK FOR DEPARTMENT OF PARKS AND RECREATION
RESOLUTION NO. :289, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Department of Parks and Recreation has requested Town Board
authorization to hire Arinne Stiller to work part-time for the Department as a seasonal
Water Safety Instructor Aide, and
WHEREAS, Town Policy requires that familial relationships must be disclosed
and that the Town Board must approve the appointment of Town employees’ relatives
and Arinne Stiller is the daughter of the Executive Assistant to the Town Supervisor, Leesa
Stiller,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
hiring of Arinne Stiller to work for the Town’s Department of Parks and Recreation as a
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part-time, seasonal Water Safety Instructor Aide effective June 19, 2007, to be paid at the
appropriate hourly wage approved for seasonal recreation positions, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Director of Parks and Recreation and/or Town Fiscal Manager to complete any
forms and take any action necessary to effectuate the terms of this Resolution.
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Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
635
RESOLUTION AUTHORIZING INCREASE OF PETTY CASH
ALLOTMENT IN TOWN PARKS AND RECREATION
DEPARTMENT
RESOLUTION NO.: 290, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, certain Departments of the Town of Queensbury are allotted $100 in
petty cash in order, among other things, to purchase necessities such as postage or supplies
on a more timely basis, and
WHEREAS, the Director of Parks and Recreation has advised that due to increased
operational demands of the Parks and Recreation Department particularly during the
summer months, the Department utilizes its petty cash allotment at a much faster rate, and
WHEREAS, in order to better facilitate the timely purchase of necessary program
materials and facility supplies, the Director has requested Town Board authorization for a
$150 increase in the Department’s petty cash allotment or to a total of $250,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes an increase in the
Town’s Department of Parks and Recreation’s petty cash allotment from $100 to $250, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Director of
Parks and Recreation and/or Town Fiscal Manager to take such other and further action as
may be necessary to effectuate the terms of this Resolution.
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Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING MARY WASHBURN TO CARRY
OVER UNUSED VACATION TIME
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RESOLUTION NO.: 291, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Mary Washburn, a permanent employee in the Town Assessor’s
Office, has requested Town Board authorization to carry over 14 days of unused vacation
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time beyond her September 3, 2007 employment anniversary date, and
WHEREAS, the Town Assessor has recommended that the Town Board approve
such request,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes Mary Washburn
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to carry over 14 days of vacation time, such time to be utilized by September 3, 2008.
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Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF UTILITY TRAILER
FOR USE BY CEMETERY DEPARTMENT
RESOLUTION NO.: 292, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury’s Cemetery Superintendent and Cemetery
Commission have advised the Town Board that they wish to purchase a utility trailer to
replace two utility trailers for use at the Pine View Cemetery, and
WHEREAS, the Cemetery Superintendent and Cemetery Commission received
three (3) quotes for such utility trailer and the lowest received quote is in the amount of
$5,960 from Versatile Trailer Sales in Gansevoort, New York, and
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
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WHEREAS, the Cemetery Superintendent and Cemetery Commission have
requested Town Board approval for such purchase, and
WHEREAS, such purchase is an approved 2007 budget item,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town’s
Cemetery Superintendent and Cemetery Commission purchase of a utility trailer from
Versatile Trailer Sales for an amount not to exceed $5,960, to be paid for from
Miscellaneous Equipment Account No.: 002-8810-2001, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Cemetery Superintendent and/or Town Fiscal Manager to take such other and
further action as may be necessary to effectuate the terms of this Resolution.
th
Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON TOWN OF
QUEENSBURY STORM WATER MANAGEMENT
PROGRAM ANNUAL REPORT
RESOLUTION NO.:293, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
th
WHEREAS, on March 10, 2003, the New York State Department of
Environmental Conservation (DEC) required a Notice of Intent (NOI) for the Town of
Queensbury to comply with the United States Environmental Protection Agency (EPA)
Phase II Storm Water Regulations for regulated small municipal separate storm water
sewer systems (MS4s) in order to comply with the Federal Clean Water Act, and
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
638
WHEREAS, MS4s are conveyances owned by a public entity that discharge to U.S.
waters and are designed to collect and convey storm water, are not a combined sewer, and
are not part of a publicly owned treatment works, and a “small MS4” is an MS4 within
municipalities with a population of less than 100,000, including the Town of Queensbury,
and
WHEREAS, the federal Census Bureau designated all or parts of the following
municipalities as “urbanized areas”: the City of Glens Falls, Warren County, Washington
County, Town of Fort Edward, Village of Fort Edward, Village of Hudson Falls, Town of
Kingsbury, and Town of Queensbury, collectively known as the “Greater Glens Falls
Urbanized Area MS4s,” and as an MS4 community, the Town of Queensbury is therefore
required to comply with the EPA’s Phase II Storm Water Regulations, and
WHEREAS, the NOI outlines a multi-year plan to address new requirements
designed to minimize effects of uncontrolled release of storm water to "waters of the
US", and
WHEREAS, the Town of Queensbury applied for and received a State Pollutant
Discharge Elimination Systems (SPEDES) Permit for MS4 discharge under New York
State DEC General Permit No.: GP-02-02, and
WHEREAS, DEC requires an annual report on progress and compliance with
SPEDES General Permit for Storm water Discharges from Small Municipal Separate
Storm Sewer Systems (MS4s), Permit No. GP-02-02 in the following management
practice areas:
?
public education
?
public participation/involvement
?
illicit discharge detection and elimination
?
construction site storm water runoff control
?
post-construction storm water management
?
pollution prevention/good housekeeping for municipal operation
and
WHEREAS, the Town of Queensbury must adopt an Ordinance that is equally as
th
protective as the NYS SPEDES regulations by January 8, 2008, and
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
639
WHEREAS, a requirement of the SPEDES Permit is that the Town submit an
annual report to DEC each year and such annual report must be presented in a public
forum,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on
nd
Monday, July 2, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury at which time all interested parties shall be given an opportunity to be heard
concerning the Town of Queensbury’s Storm Water Management Program Annual Report
SPEDES No.: NYR20A112, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury
Town Clerk to provide 10 days notice of the public hearing by publishing the Notice of
Public Hearing presented at this meeting in the Town’s official newspaper and posting the
Notice on the Town’s bulletin board, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk,
Town Supervisor, Executive Director of Community Development and/or Senior Planner to
take any actions necessary to effectuate the terms of this Resolution.
th
Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION SETTING HEARING ON THE GREAT ESCAPE
THEME PARK’S APPLICATION FOR VARIANCE/WAIVER
REQUEST FROM SANITARY SEWER CONNECTION
REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 –
SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 294, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
640
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136
§
to issue variances from 136-44 “Connection to sewers required” which requires Town
property owners situated within a sewer district and located within 250’ of a public sanitary
sewer of the sewer district to connect to the public sewer facilities within one (1) year from
the date of notice, and
WHEREAS, the Great Escape Theme Park, LLC (Great Escape) has applied to the
§
Local Board of Health for a second variance/waiver from 136-44, as the Great Escape has
requested an extension of time in which to complete the connection of Great Escape owned
properties to the Town of Queensbury’s Route 9 Sewer District, as the Great Escape
continues to undergo a multi-phased installation of on-site sanitary collection sewers to
connect the properties to the Route 9 Sewer District and a majority of the new sewer
installation involves routing new sewer collection main around, through and between
existing buildings, facilities, buried utilities and sensitive natural features, with such
sewering requiring construction in excess of 3,000 additional feet of collection sewer to
connect its remaining facilities, as more fully set delineated in Jarrett-Martin Engineers,
st
PLLC’s May 31, 2007 letter and application presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Local Board of Health for the Town of Queensbury will hold
nd
a hearing on Monday, July 2, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742
Bay Road, Queensbury, to consider the Great Escape’s sewer connection variance/waiver
application concerning its properties located at:
1.The Great Escape & Splashwater Kingdom, 1172 State Route 9, Queensbury
(Tax Map No.: 288.20-1-20);
2.The former Zoological Park, 1120 State Route 9, Queensbury (Tax Map No.:
295.12-1-4); and
3.Samoset Cabins, 1299 State Route 9, Queensbury (Tax Map No.: 288-1-61);
and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury
Town Clerk to send the Notice of Hearing presented at this meeting to the Great Escape as
required by law.
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
641
th
Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. ___ OF 2007 TO AMEND QUEENSBURY TOWN
CODE CHAPTER 136 “SEWERS AND SEWAGE DISPOSAL”
RESOLUTION NO. 295, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local
Law No.: ___ of 2007 to amend Queensbury Town Code Chapter 136 “Sewers and Sewage
Disposal,” to provide for the payment of professional consultant review fees for the
administration of such Chapter 136 and the payment of such fees by the property owner
or applicant, and
WHEREAS, this legislation is authorized in accordance with New York State
Municipal Home Rule Law §10 and Town Law Article 16, and
WHEREAS, the Town Board wishes to set a public hearing concerning adoption of
this Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing
at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday,
nd
July 2, 2007 to hear all interested persons and take any necessary action provided by law
concerning proposed Local Law No.: ___ of 2007, and
BE IT FURTHER,
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642
RESOLVED, that the Town Board further authorizes and directs the Queensbury
Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law
No. ___ of 2007 in the manner provided by law.
th
Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN
OF QUEENSBURY AND PARAGON ENGINEERING, P.L.L.C.
RESOLUTION NO.: 296, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Town Board wishes to enter into an Agreement with
Paragon Engineering, P.L.L.C., (Paragon) for engineering related review of applications for
site plans and subdivisions as deemed appropriate by the Town Planning Board, and for civil
engineering consultation services as requested by the Town Board on an as-needed basis,
and
WHEREAS, a proposed Agreement for Consultant Services between the Town and
Paragon has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement
for Consultant Services (Agreement) between the Town of Queensbury and Paragon
Engineering, P.L.L.C., (Paragon) substantially in the form presented at this meeting and
authorizes and directs the Town Supervisor to execute such Agreement, and
BE IT FURTHER,
RESOLVED, that for the engineering related review of applications for site plans
and subdivisions as deemed appropriate by the Town Planning Board, Paragon shall provide
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
643
services for the amount of $100 per hour and for the civil engineering consultation services
requested by the Town Board on an as-needed basis, Paragon shall provide services at the
rate of $90 per hour, as generally described in Paragon’s Agreement presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that payment for all such services shall be from the appropriate Town
accounts as may be determined by the Town Supervisor and/or Town Fiscal Manager, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Fiscal Manager to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
th
Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF INSURANCE
CARRIERS FOR PROVISION OF WORKERS COMPENSATION
AND NON-OCCUPATIONAL DISABILITY BENEFITS INSURANCE
RESOLUTION NO.: 297,2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 349,2006, the Queensbury Town Board authorized
engagement of Regent Consultants Corp., (Regent) to thoroughly evaluate the Town of
Queensbury’s insurance needs and prepare a Request for Proposals (RFP) to send to
insurance agents/brokers interested in providing property and casualty insurance coverage to
the Town and Regent issued such RFP, and
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
644
WHEREAS, by Resolution No.: 144,2007, the Town Board again authorized
engagement of Regent to perform the necessary consulting services relating to issuance of a
non-occupational disability and Workers’ Compensation insurance RFP, and
WHEREAS, Regent prepared and distributed such RFP to insurance agents/brokers
interested in providing workers compensation and non-occupational disability benefits
insurance to the Town, and
WHEREAS, Regent reviewed all received proposals and has made certain
recommendations concerning the selection of the insurance agent(s), and
WHEREAS, the Town’s Fiscal Manager also reviewed all received proposals and
has also made certain recommendations concerning the selection of the insurance agent(s),
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
engagement of The National Benefit through The Salerno Brokerage Corp., to provide the
non-occupational disability benefits insurance coverage to the Town of Queensbury at the
two (2) year fixed rate of $.47 or approximately $13,130 annually, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs engagement of the
services of The Professional Underwriters Safety Group 497/New York State Insurance
Fund to provide the workers compensation insurance coverage to the Town of Queensbury
at an estimated annual premium of $303,199.00 which includes an anticipated 30% dividend
as well as the 8% Group Management Fee, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute any agreements and any other documentation and the Town
Supervisor, Town Fiscal Manager and/or Purchasing Agent to take any actions necessary to
effectuate the terms of this Resolution.
th
Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES: None
ABSENT: None
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
645
RESOLUTION SETTING PUBLIC HEARING ON ADOPTION OF
NEW TOWN OF QUEENSBURY COMPREHENSIVE LAND USE
PLAN
RESOLUTION NO. 298, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board is considering adoption of a new 2007
Comprehensive Land Use Plan (CLUP) for the Town of Queensbury, which Plan presents
recommendations to guide land use in the Town of Queensbury for the next five to ten
years, and
WHEREAS, by Resolution No.: 426,2004, the Queensbury Town Board established
and appointed members to the Planning Ordinance Review Committee (PORC), which
Committee’s scope was to review and address inconsistencies and problems known to be at
issue in, among other things, the Town’s Zoning Ordinance and Map, Subdivision
Regulations and Comprehensive Land Use Plan, and
th
WHEREAS, on May 19, 2005 the PORC adopted a Resolution recommending the
hiring of Saratoga Associates Landscape Architects, Architects, Engineers, and Planners,
P.C. (Saratoga Associates) to provide professional planning services to the Town, such
services to include the updating of the 1998 Comprehensive Land Use Plan, Town Zoning
Code, and Town Subdivision Regulations, and
WHEREAS, by Resolution No.: 394.2005, the Town Board authorized engagement
of Saratoga Associates to prepare an update to the Town’s Zoning Ordinance and Map,
Subdivision Regulations and Comprehensive Land Use Plan, and
WHEREAS, a draft new Comprehensive Land Use Plan (Plan) was prepared by the
PORC and Saratoga Associates with the assistance of the Town of Queensbury Community
Development staff and input from citizens and elected officials, and various information
sources were also utilized, including published materials, interviews and reports generated
by local study groups and committees, and
th
WHEREAS, the PORC held a public hearing on the draft CLUP on July 13, 2006,
and
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
646
th
WHEREAS, at their meeting on July 20, 2006, the PORC made subsequent
revisions to the draft CLUP and adopted a Resolution referring the revised draft CLUP to
the Town Board for its consideration, and
WHEREAS, the Town Board prepared further revisions to the Draft Plan and held
ththth
public hearings on such Draft Plan on October 16, November 20, and December 18,
2006, and
WHEREAS, the Town Board has made subsequent revisions to the draft CLUP
since that public hearing, and
WHEREAS, the Town Board wishes to set a public hearing concerning the revised
Draft Plan,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing
at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday,
nd
July 2, 2007 to hear all interested persons and take any necessary action provided by law
concerning adoption of the Town of Queensbury’s proposed, new Comprehensive Land Use
Plan, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s
Office to provide at least 10 days notice of the public hearing by publishing the Notice of
Public Hearing and Proposed Summary of the Comprehensive Land Use Plan in the Town’s
official newspaper and posting the Notice on the Town’s bulletin board and forwarding the
Notice to all adjacent municipalities.
th
Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT: None
*
DISCUSSION HELD BEFORE VOTE:
SUPERVISOR STEC- Stu , kudos to you and your staff down stairs that have been helping
out with other things while you have been struggling to get this wrapped up for us the last
couple of weeks.
COUNCILMAN BREWER- And let us not forget the Committee.
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
647
SUPERVISOR STEC- And the Committee. Well, they wrapped their work awhile ago but
we do continue to appreciate that. This would also set the public hearing for two weeks from
,
tonight which will be July 22007. Again, it has been a process, a very lengthy two years
and change. The Town, we have had on the previous draft we have held public hearings on
thth
October 16, November 20 and December 18 and it seems to me that there may have even
an additional day or so in there. We took some more comment and the Town Board made
what I would consider relative to that original draft some fairly minor changes in our own
draft; but it is certainly different. As Stu said, it will be available tomorrow morning on the
website and in Town Hall and at Crandall Library. We’ll have a public hearing on this and
there is going to be some people who need to be noticed and given copies of this before we
can act on it. I think the intent is, I think Stu is going to guide us through and make sure we
don’t miss any required wickets. We may in fact end up leaving the public hearing open and
taking a little more comment at our later meeting in July before we close it and adopt it.
We’ll play it by ear and see how much comment we get. It’s not significantly different from
what the Board and public had seen last fall and winter.
COUNCILMAN BREWER- I got one comment Dan, or question for Stu. Did we include
that comment that you and I had talked about last week with the storm water?
COUNCILMAN STROUGH- Yes, it’s in there.
SENIOR PLANNER, STUART BAKER- Yes, it has been included.
SUPERVISOR STEC- Any other comments?
COUNCILMAN BOOR- Well, I think one of the other advantages that we have with the
technologies now days is that we are all aware up here and the public should be aware this is
a living document, it can be altered, added to, things can be deleted and the benefit of the
internet is nice because when we do such a thing you the public get the immediate revisions.
Whereas before you would have to come into the Town and somebody would typically print
out the entire thing as opposed to the addendum which might be only one page. So, it’s
fortunate that we have the ability to do that and I would encourage and hope that people take
advantage of that. I don’t suspect we will be doing a lot of changes all the time but it does
afford and instant revision that the public has access to.
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. __ OF 2007 TO AMEND QUEENSBURY TOWN
CODE CHAPTER 55 “BOATS” TO CLARIFY 5 MPH SPEED ZONE
DESCRIPTIONS/BOUNDARIES IN HARRIS BAY, LAKE GEORGE
RESOLUTION NO. 299, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Sanford
§
WHEREAS, New York State Town Law 130(17) authorizes Towns to regulate the
speed of vessels while being operated or driven upon any waters within or bordering the
Town to a distance of fifteen hundred feet (1,500’) from shore, and
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
648
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of
2007 to amend Queensbury Town Code Chapter 55 entitled “Boats,” to clarify the
descriptions/bounds of the 5 mph speed zone in Harris Bay in Lake George, and
WHEREAS, this legislation is authorized in accordance with New York State
Municipal Home Rule Law §10(2) and Town Law Article 16, and
WHEREAS, the Town Board wishes to set a public hearing concerning adoption of
this Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing
at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday,
nd
July 2, 2007 to hear all interested persons and take any necessary action provided by law
concerning proposed Local Law No.: __ of 2007, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury
Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law
No. __ of 2007 in the manner provided by law.
th
Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION SETTING HEARING ON JOLLEY ASSOCIATES’
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM
SANITARY SEWER CONNECTION REQUIREMENT CONCERNING
MOBIL STATION PROPERTY LOCATED AT
1412 STATE ROUTE 9, QUEENSBURY
RESOLUTION NO.: 300, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
649
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136
§
to issue variances from 136-44 “Connection to sewers required” which requires Town
property owners situated within a sewer district and located within 250’ of a public sanitary
sewer of the sewer district to connect to the public sewer facilities within one (1) year from
the date of notice, and
WHEREAS, Jolley Associates has applied to the Local Board of Health for a
§
variance/waiver from 136-44, for an extension of the Town’s connection requirements to
connect the Mobil Station property located at 1412 State Route 9 to the Town of
Queensbury’s Route 9 Sewer District as the Applicant states that they are currently applying
for a permit to re-build the facility and when such work is completed, the new facility will
be connected to the Sewer District, and the current septic system is functioning properly, as
more fully set forth in the Applicant’s application presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Local Board of Health for the Town of Queensbury will hold
nd
a hearing on Monday, July 2, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742
Bay Road, Queensbury, to consider Jolley Associates’ sewer connection variance/waiver
application concerning the Mobil Station property located at 1412 State Route 9,
Queensbury (Tax Map No.: 288.16-1-3), and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury
Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant as
required by law.
th
Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON CHANGE
OF ZONE FOR PROPERTY ON QUAKER ROAD FROM
LIGHT INDUSTRIAL (LI) TO
HIGHWAY COMMERCIAL INTENSIVE (HC-INT)
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
650
RESOLUTION NO.: 301, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board is considering a request by Forest
Enterprises, Inc., to amend the Town Zoning Ordinance and Map to rezone a portion of
the property bearing Tax Map No.: 303.15-1-25 located on Quaker Road, Queensbury
from Light Industrial (LI) to Highway Commercial Intensive (HC-Int), and
WHEREAS, the current 1998 Comprehensive Land Use Plan recommends large
scale commercial uses in this neighborhood, and
WHEREAS, before the Town Board may amend, supplement, change, or modify its
Ordinance and Map, it must hold a public hearing in accordance with the provisions of
Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning
Laws, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on
th
Monday, July 16, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury to hear all interested parties concerning the proposed amendment to its Zoning
Ordinance and Map whereby a portion of the property bearing Tax Map No: 303.15-1-25
located on Quaker Road, Queensbury would be rezoned Light Industrial (LI) to Highway
Commercial Intensive (HC-Int), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s
Office to provide 10 days notice of the public hearing by publishing a Notice of Public
Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin
board, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Community
Development Department to provide the Town Clerk’s Office with a list of all property
owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may
send the Notice of Public Hearing to those property owners, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
651
RESOLVED, that the Town Board further directs the Community
Development Department to forward the proposed zoning change to the Warren
County Planning Board for its review and comment in accordance with New York
State General Municipal Law §239-M, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s
Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of
Supervisors, Warren County Planning Board and other communities or agencies that it is
necessary to give written notice to in accordance with New York State Town Law §265, the
Town’s Zoning Regulations and the Laws of the State of New York.
th
Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON CHANGE
OF ZONE FOR PROPERTIES BETWEEN EAST DRIVE AND
WEST DRIVE FROM LIGHT INDUSTRIAL (LI) TO
SUBURBAN RESIDENTIAL 20,000 SQUARE FEET (SR-20)
RESOLUTION NO.: 302, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board is considering amending the Town
Zoning Ordinance and Map to rezone the following properties located between East
Drive and West Drive in Queensbury from Light Industrial (LI) to Suburban Residential
20,000 Square Feet (SR-20):
308.12-1-8
308.12-1-9
308.12-1-10
308.12-1-11
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
652
308.12-1-12
308.12-1-13
308.12-1-14
308.12-1-16
308.12-1-18
308.12-1-19
308.12-1-20
308.12-1-21
308.12-1-23
308.12-1-24
308.12-1-25
and
WHEREAS, the current 1998 Comprehensive Land Use Plan recommends
retaining the residential character of these properties and this neighborhood, and
WHEREAS, before the Town Board may amend, supplement, change, or modify its
Ordinance and Map, it must hold a public hearing in accordance with the provisions of
Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning
Laws, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on
th
Monday, July 16, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury to hear all interested parties concerning the proposed amendment to its Zoning
Ordinance and Map whereby the properties bearing the Tax Map numbers:
308.12-1-8
308.12-1-9
308.12-1-10
308.12-1-11
308.12-1-12
308.12-1-13
308.12-1-14
308.12-1-16
308.12-1-18
308.12-1-19
308.12-1-20
308.12-1-21
308.12-1-23
308.12-1-24
308.12-1-25
located between East Drive and West Drive, Queensbury would be rezoned Light
Industrial (LI) to Suburban Residential 20,000 Square Feet (SR-20), and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
653
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s
Office to provide 10 days notice of the public hearing by publishing a Notice of Public
Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin
board, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Community
Development Department to provide the Town Clerk’s Office with a list of all property
owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may
send the Notice of Public Hearing to those property owners, and
BE IT FURTHER,
RESOLVED, that the Town Board further directs the Community
Development Department to forward the proposed zoning change to the Warren
County Planning Board for its review and comment in accordance with New York
State General Municipal Law §239-M, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s
Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of
Supervisors, Warren County Planning Board and other communities or agencies that it is
necessary to give written notice to in accordance with New York State Town Law §265, the
Town’s Zoning Regulations and the Laws of the State of New York.
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Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES: None
ABSENT: None
DISCUSSION HELD BEFORE VOTE:
There was a typo on page under the first Resolved, the section under the tax map numbers. It
originally read “located between East Drive and East Drive”. Councilman Strough requested
that it be changed to read “located between East Drive and West Drive”.
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
654
RESOLUTION APPROVING AUDIT OF BILLS –
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WARRANT OF JUNE 18, 2007
RESOLUTION NO.: 303, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills
thth
presented as the Warrant with a run date of June 14, 2007 and a payment date of June 19,
2007,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a
thth
run date of June 14, 2007 and payment date of June 19, 2007 totaling $509,782.66, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Fiscal Manager to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
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Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT: None
6.19
RESOLUTION CONSENTING TO DIVERSION OF CERTAIN PILOT
PAYMENTS BY THE COUNTIES OF WARRENAND WASHINGTON
INDUSTRIAL DEVELOPMENT AGENCY WITH RESPECT TO A CERTAIN
PROJECT TO BE UNDERTAKEN BY TRIBUNE MEDIA SERVICES, INC., ON
BEHALF OF ITSELF OR AN ENTITY TO BE FORMED AND AUTHORIZING
THE SUPERVISOR TO EXECUTE AND DELIVER A CERTIFICATE IN
FURTHERANCE OF SUCH PROJECT
RESOLUTION NO.:
PULLED
INTRODUCED BY:
WHO MOVED ITS ADOPTION
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655
SECONDED BY:
RESOLUTION REFERRING ANN WATSON/TWO WOMEN AND A
SHOW’S APPLICATION FOR TRANSIENT MERCHANT/
TRANSIENT MERCHANT MARKET TO TOWN PLANNING BOARD
RESOLUTION NO.: 304, 2007
INTRODUCED BY: Mr. Tim Brewer TABLEDBY RES. 305,2007
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, Ann Watson/Two Women and a Show has submitted an application
to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market
License to conduct a transient merchant market for the Adirondack Art & Craft Show
thth
from August 10th – 12, 2007 at the Adirondack Sports Complex, 326 Sherman
Avenue, Queensbury in accordance with the provisions of Town Code Chapter 160, and
WHEREAS, in accordance with Queensbury Town Code Chapter 160, the Town
Board may refer the application to the Town’s Planning Board for site plan review, and
WHEREAS, following the Planning Board’s recommendation, the Town Board will
review the application and take any other necessary action,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Queensbury Town Clerk to forward Ann Watson/Two Women and a Show’s application
for a Transient Merchant/Transient Merchant Market License to the Queensbury Planning
Board for site plan review and recommendation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby indicates its wish to be lead agency for
SEQRA review of this project and directs that the Department of Community Development
notify any other involved agencies of this designation.
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Duly adopted this 18 day of June, 2007, by the following vote:
AYES:
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
656
NOES:
ABSENT:
DISCUSSION HELD:
SUPERVISOR STEC- This would be for an event to be held in early August, August 10-
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12 at the dome on Sherman Avenue in Queensbury. This would refer to the Planning
Board. I understand that it is on the July agenda and it should come back to the Town
Board in time for our first August meeting.
COUNCILMAN BOOR- Why are we sending it to the Planning Board?
SUPERVISOR STEC- Because we are suppose to
COUNCILMAN BOOR- We didn’t last time did we?
SUPERVISOR STEC- No we didn’t
COUNCILMAN BREWER- Well that’s because there was a time issue and they didn’t
submit their paperwork
SUPERVISOR STEC- Right
COUNCILMAN BOOR- So now they did submit the paperwork
SUPERVISOR STEC- Yeah
COUNCILMAN BREWER- And they have time
SUPERVISOR STEC- In time, right. So we’ve got two months and we have time to get it
done. Last time there wasn’t enough time and the Board decided…
COUNCILMAN BOOR- I guess my question then would be, what if the Planning Board
says no?
SUPERVISOR STEC- Then it’s still up to the Town Board
COUNCILMAN BOOR- Okay, I just want some clarity
COUNCILMAN BREWER- Strictly a recommendation
SUPERVISOR STEC- Right, it’s a recommendation,
SENIOR PLANNER, BAKER- An advisory
SUPERVISOR STEC- It’s just a recommendation and our first meeting in August, this is
on the agenda for July and I’m sure that this Planning Board will get it to us in July. Our
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first meeting in August is August 6 so we’ve got time.
ANN WATSON- Excuse me, I just want to say something.
SUPERVISOR STEC- We are past that point of the meeting but I’ll allow it if you come
to the microphone ma’am. You’re Ms. Watson, correct?
MS. WATSON- I am. Good evening.
SUPERVISOR STEC- Good evening Ms. Watson
MS. WATSON- I’m Ann Watson, I’m the promoter of Two Women and A Show. Under
site plan review- B- it says the Town Board at its discretion may forward the application
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to the Town Planning Board. Dan you and I spoke, so I’m more than shocked over the
fact that you are putting on the Planning Board.
SUPERVISOR STEC- You must have misunderstood.
MS. WATSON- Oh, I don’t believe I did. Actually, what you said verbatim was the fact
that you want to create as little amount of paperwork and kill as few of trees that you
possibly could.
SUPERVISOR STEC- Right, and that’s the conversation I had with Mr. Miller about
getting the generic site plan approved so that as this Board discussed with him eight
months ago when we approved two on the spot at one meeting even though some of us
weren’t thrilled about doing that so that in the future all he would have to do is submit an
application and then we wouldn’t have to send it to the Planning Board. We do send by
our normal procedure all of these to the Planning Board and after the conversation I told
you I was going to have with Craig Brown he reiterated that to me and in the interest of
trying to be fair and consistent that’s why we are going to refer it to the Planning Board.
But, as Roger asked and the answer was given, it is just advisory and the Town Board
could in its discretion chose not listen to their recommendation if they recommended
against it. So, we’ve got two months and several Town Board Meetings between now and
then to approve it. I don’t think it will be a big deal but I’d prefer to follow our
procedure.
MS. WATSON- I started this process prior to 3/14 as you will see on my application it is
actually dated 3/14. I went in, I talked with Craig, I talked with Blanche. I called, I tried
to have meetings with Craig, they were unreturned phone calls. I had to have meetings
with Blanche, they were unreturned phone calls. This has been an ongoing situation and a
problem for me since prior 3/14. I do shows in other States, I do shows in other areas of
New York, I’ve never had this problem before. I respect your procedure, but when it’s in
writing to the fact that you may at your discretion approve this application just because
there is time left I’m going to get penalized for that. It doesn’t seem right to me.
SUPERVISOR STEC- I would hardly characterize that as being penalized.
MS. WATSON- I truly disagree with you. Obviously, if I’d come in at the last minute, ya
know, Johnny come lately, you would have felt some pressure to approve this. We are
bringing in highly regarded artists and crafters from across the Country, which bring in
people that spend money, which brings revenue to the Town. I just don’t understand why
this is such a hard process to go through.
COUNCILMAN STROUGH- Well, Mrs. Watson I think what you are saying is that you
had started this in March.
MS. WATSON- Yes sir.
COUNCILMAN STROUGH- And that at least twice you have met with our Community
Development Director who is no longer with us. So we on the Town went through a
tumultuous time period and you feel that you are paying for it.
MS. WATSON- I do.
COUNCILMAN STROUGH- Because you’re in a situation now, if I understand
everything correctly, you are in a situation now where you have a show. It’s an
Adirondack furniture and crafts show
MS. WATSON- Yes
COUNCILMAN STROUGH- That is planned for the Dome owned by Mr. Miller
MS. WATSON- Yes
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COUNCILMAN STROUGH- For August 10 thru 12
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
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MS. WATSON- Yes
COUNCILMAN STROUGH- So, you started this in March, so what you are saying is
now we’ve gotten to the point and I think you are suggesting that it’s partly our fault and
I would have to agree with you
MS. WATSON- Thank you
COUNCILMAN STROUGH- That this has been delayed to the point where your comfort
level is not quite there.
MS. WATSON- Yes
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COUNCILMAN STROUGH- I mean you are looking at having a show on the 10 thru
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the 12 and we are looking at possibly approving this on the 6 or not. In the meantime
you are trying to get all your ducks in a row. Now you are kind of befuddled that we are
not assisting you right now considering that we are part of the problem.
MS. WATSON- Yes, and the fact that I had all of my paperwork in time for it to be part
of the workshop last week and I was told at that point that there would be no need for
that, that it would be just heard
COUNCILMAN BREWER- Who told you that?
COUNCILMAN BOOR- Who told you that?
MS. WATSON- I was told first that it would be part of the workshop by Craig and to
make sure I had everything in on time. And I did, and I actually went through the process
further even though he had pre-approved, ya know, we had met and everything. I went to
him one last time, I set up an appointment with him, I met with him, I made sure every i
was dotted, I had everything with me and I took it upstairs to Dan’s office.
COUNCILMAN STROUGH- And this certainly isn’t going to have the kind of impact
that other, and I don’t mean to demean you but bigger events have occurred at the Dome
that I don’t expect this to be of the traffic circulation issue that maybe some of those
other events have been. I’m just assuming here but am I…? I know you are expecting a
big, huge event and great but I’m trying to be realistic here and trying to help you out.
Now I’m not sure if other members of the Town Board are willing to help you out but I
think as one I’m willing to help you out.
MS. WATSON- Thank you sir.
COUNCILMAN BREWER- Did you read Craig’s letter John?
COUNCILMAN STROUGH- Yes.
OWNER, ADIRONDACK SPORTS COMPLEX- DOUG MILLER- Just to help with
your point there John, for the Boat Show and the Adirondack Living Show the traffic
map which is part of the package that I helped Dan put together shows that we are not
using the Morris Field Complex nor are we using the West Glens Falls Fire Station.
Parking will be at the Dome and at Tech Meadows only, so to further your point, yes this
is not going to be as large of a traffic issue as the other two events. And to clarify one
other thing, eight months ago- it happened to be just a little less than four months ago. It
was the end of February when we are in front of this Board and got the approval for the
Boat Show.
SUPERVSIOR STEC- I apologize if it was four. I thought it was longer. It was still some
time ago.
MR. MILLER-And that’s how quickly time goes by. And at that meeting and Richard
had made it clear that he wanted us to get together with Blanche. I met with Blanche a
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couple of times since then to come up with a process by which we could develop a
template for activities that will happen at the Adirondack Sports Complex that would fit
into this template so that we could reduce the amount of paperwork that needs to be
submitted for each show. And if you recall, at that time we were under the gun. I recall
when this transient merchant license went into effect back in the mid 80’s late 80’s and
the purpose for it and as we said at that time, and I just want to make sure it is on the
record this time, the only reason we were so late for the boat show and the living show is
that fact that nobody in their wildest imaginations expected it to be such a long process,
60 day process. In Ann’s defense here, I immediately let her know after we got done with
the meeting with you folks for the boat show and for the Adirondack living show that she
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needed to get the process started. She met with Craig prior to March 14, you can see it’s
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dated in here March 14. It has taken her almost 90 days, in fact we are past ninety days
now, just to get Craig’s approval; almost 90 days to get Craig’s approval, a little less than
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that- June 9 he signed it. So, the document says 60 days prior to the event. Well, she
was well ahead of 60 days, she was 60, 90, she’s a 115 roughly ahead of the event to start
the process and here we are at 90 days and we are just getting to this stage.
COUNCILMAN BREWER- Can I ask a question? I just want to understand. I understand
you are having the show but it’s at your facility, how come you don’t make the
application out? I understand because she is going to be setting up and stuff like that but I
just— it just boggles my mind a little bit, If you are having the event at your place you
should make the application
COUNCILMAN BOOR- … not him
COUNCILMAN BREWER- No, I understand that but he should collect- I don’t know,
there should be some easier way—Doug is booking these shows
COUNCILMAN BOOR- Then he wouldn’t need a transient merchant
COUNCILMAN BREWER- Let me finish Roger, I understand exactly what you are
saying about her being the transient merchant but if Doug is booking these shows and I
presume he wants to book as many as he can and as often as he can your setting up a
schedule why can’t we set up some kind of an arrangement that Doug when he’s booking
these he submits the paperwork as an agent so to speak and we get that process done.
SUPERVISOR STEC- Doug and I tried…
MR. MILLER- That’s the kind of process that I was instructed when we met last time in
February to work with Blanche on, work with the Community Development Staff on and
we…
SUPERVISOR STEC- Right, our conversation….
MR. MILLER- we’ve had two meetings with Blanche and one with Craig on this and its
kind of, well, with Blanche’s dismissal it’s falling apart.
COUNCILMAN STROUGH- And in this case we were part of the problem. They
initiated this when they were suppose to do it.
COUNCILMAN BREWER- Let me finish John, if you go to… when will the Planning
Board hear this?
SUPERVISOR STEC- The July meeting, the first July meeting whenever that is.
COUNCILMAN BREWER- The third Wednesday, third Tuesday?
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COUNCILMAN BOOR- Their event is August 10
COUNCILMAN BREWER- I’m just asking the question
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COUNCILMAN BOOR- I know, I think you can understand their concern if it’s the third
Tuesday and the second week of August is the event.
COUNCILMAN BREWER- It just seems like every time there is an event there we get
into this situation and I’m just not comfortable with it.
MR. MILLER- I agree, and again she started in March. This should have gotten through
with Craig and gotten approved so that we’d be in front of you in April or May.
COUNCILMAN BREWER- Then I guess maybe we should have Craig Brown in here
and say why the hell does this take so long.
COUNCILMAN SANFORD- Well, we could talk to him at our next workshop as part of
our process that we have in place. You know, the way I look at this is I’ve got to
appreciate following the process which I think is what Dan is suggesting. On the other
hand, this is a transient merchant deal and we need to have a process in place where we
don’t put these people through an agonizing process in order to get it. We actually spend
quite a bit of money to encourage tourism and sales tax generation and I want to certainly
be receptive to be pro-business in this particular case and I certainly would feel the same
anxiety that this lady is feeling because of all the preparatory work she has to do and only
to find out that she might not even get the license granted. I would almost try to
encourage this Board to try to accommodate if we could.
COUNCILMAN BREWER- How about we give ourselves a week or so to review it and
we can do it at our next meeting. Is that reasonable?
SUPERVISOR STEC- Right, we could have a resolution two weeks from now.
COUNCILMAN BREWER- Or a week from now, I’m not….
COUNCILMAN BOOR- What are you going to review though.
COUNCILMAN BREWER- At least let us look through this stuff and see what the
questions are
COUNCILMAN SANFORD- I would be receptive to tabling, well not this resolution but
tabling for our review. If we need to we can discuss it at our next workshop and perhaps
bring it back as a resolution for approval two weeks from tonight.
COUNCILMAN BREWER- That’s reasonable isn’t it?
SUPERVISOR STEC- Refer it to the Planning Board but perhaps act on it before.
COUNCILMAN BREWER- I was under the assumption that we may send it to the
Planning Board, let us paw through it, read it over if there is any questions we can call
Doug or yourself.
nd
COUNCILMAN SANFORD- So, in other words our next meeting would be July 2 and
that’s when we could conceivably give you approval.
COUNCILMAN BREWER- I truly don’t believe there is going to be any issues that are
going to hold this up.
MS. WATSON- I think I heard that once already
COUNCILMAN BREWER- Well
SUPERVISOR STEC- I Still don’t think there will be. My concern is that everyone at
this table just told you Doug that we want to make this easier and I know that four
months ago it was strongly suggested that you go and we give you a path to do that and it
hasn’t been done that.
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COUNCILMAN BOOR- Yeah, but Blanche is gone. I think he did. I think that is exactly
what happened, is that he took the path and then the chief left.
SUPERVISOR STEC- I would disagree how far down or how hard down the path she’s
gone.
COUNCILMAN BREWER- Lets see if we can accommodate this lady. Is two weeks
unreasonable?
MR. MILLER- I have to ask Ann because I know her conversation with me is that she’s
got vendors asking is everything all set? So vendors are not necessarily committing
because she….
COUNCILMAN BOOR- Let me throw something out Doug, if this Board were to
approve this could we get an assurance that those deficiencies are resolved before we see
another transient merchant license?
MR. MILLER- I’ve had numerous conversations with Craig on that. We’ve met and Tom
Nace. In fact, I’m glad because my conversation with Dan last week was that this was to
be part—some sort of a cookie cutter approach as part of our site plan modification which
was never in the minutes and I don’t recall it that way. We were suppose to work with
Blanche to try to find an approach, whether that was site plan modification or not I don’t
know, because it was never resolved or never determined. But, it is clear from my
conversation with Dan last week that he wants it to be part of the site plan modification
so we are going to make that another piece of the site plan modification.
SUPERVISOR STEC- I think that’s the easiest way.
COUNCILMAN BOOR- I think…
MR. MILLER- Yes, we are working on that. Tom Nace hopes to have all the drawings in
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so we can submit by July 15 for the August Planning Board.
COUNCILMAN BOOR- So that you are aware, because I’m not sure the general public
is aware, but in fact you are talking to the Community Development Director- this Board.
Essentially, every workshop we meet with Stu, we meet with Craig Brown and we meet
with Dave Hatin and we say “where are you on what projects, when do you anticipate
these things being completed, what are you looking on next”. So in a matter of speaking
we are the person you should be talking to. The question I have is should we grant this,
can we resolve those deficiencies or those issues that Craig Brown has, which I think is
what parking space is one of them
MR. MILLER- One parking space is mis-painted and so many… The other two were
things that in our building permit the same department that Craig is part of and Bruce
Frank are part of required us to add a light where one was not required in the site plan,
move a door from where it was put in the site plan and now we are being challenged or
penalized (and that still is not the right word) because the doors are moved, its not where
the site plan said it was but then its on our building permit where we were asked to put it
in the building permit. So, you’ve go the same department, now I’m going to spend
money for my engineer to come back, redo drawings, come to this Board, probably going
to have to bring my attorney, excuse me the Planning Board, and for things that the two
parts of the Community Development Office didn’t work together on and that really
frustrates me.
COUNCILMAN BOOR- Well, that’s not the first time we’ve heard this and it’s an issue
we need to deal with and it goes to that point I made early about “new”. It’s very clear
that the Zoning Administrator and the Code Enforcement Officer weren’t on the same
page on what’s “new”. This is another instance, so I want to make sure it’s not a moving
target. If your building permit is issued and it shows this way I have an issue if the
Zoning Administrator tries to make a change. I don’t know who trumps who at some
point in time. I don’t know, and if there is a problem whose at fault. So, clearly we’ve got
as the Community Development Director the responsibility lies in our hands. I’m not
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interested in passing it off to another Board, I’m not interested in having one person on it
downstairs and then have another come back later and say not that’s not good enough.
So, I’d just assume take the bull by the horns.
COUNCILMAN BREWER- Roger, you would be a good person to have on a one man
committee with this particular issue.
COUNCILMAN BOOR- Unfortunately, all five of us have to come to an agreement.
COUNCILMAN BREWER- Understood
MR. MILLER- The comments that were made to this woman next to me by Planning
Staff is that she is another event; this place is suppose to be a sports facility. Well, no that
is not true, it is a sports facility 330-340 days a year, but we had right through our site
plan review process and a number of you were on that Board that we were going to do
community events. So, I’m spending time now trying to go through the Towns website to
try and find the minutes from those roughly twelve lengthy meetings with the Town
Board and the Planning Board over the course of two and a half years so every time I get
that thrown, or somebody gets that thrown at them they can say here, here’s where it was
discussed and site plan review. I’m getting very tired of having to defend myself.
COUNCILMAN SANFORD- Why don’t we do this Doug, if somebody wants to try to
move this for an approval I’ll support it, but I would also like your commitment to
schedule time at a workshop with this Town Board and the other people to iron out these
related outstanding issues so that we are all on the same page.
COUNCILMAN BOOR- With the understanding that we iron them out before another
event.
COUNCILMAN SANFORD- I mean that is my own opinion on this because I certainly
want to see this move forward.
MR. MILLER- And I told Craig, and I told this Board we would take care of that this
summer and we are in that process right now.
SUPERVISOR STEC- Alright,
MR. MILLER- I think a workshop meeting would be very appropriate. So that way we
can get everything out because last thing I want to do is go through this. If I’d gone
through the site plan review modification that I was kind of lead to believe I needed to go
through in February or March this transient merchant piece would have not been part of it
and I would be coming back through again spending more time and money. So I’d like to
get all the pieces into this site plan modification.
COUNCILMAN SANFORD- It is so confusing; it’s like a spider that gets caught in its
own web.
COUNCILMAN BREWER- What happened to the two weeks Richard?
SUPERVISOR STEC-Well, hold on a second before you get back to that question. Roger
had just said a minute ago along the lines of what Richard just suggested Doug and he
suggested that, ya know, you are booking these things and what Roger, and correct me if
I mis-speak Roger, but what I heard Roger say was will you resolve this issue before you
book more. I mean, are you willing… I want to make sure we are crystal clear on that.
Because this isn’t about Ms. Watson’s, how I characterize my feelings about this are still
the same that I don’t care what is going on inside the Dome as far as the transient market
goes. But you are not the only person, she’s not the only person, your’s is not the only
site that we have to deal with transients merchants; so if we don’t treat you the same as
everybody else, i.e. if there is a perception out there that we are treating you somehow
better than everybody else than it comes back to this Board. So that’s why, she is not the
intended- her project is the one that is on the hook here for this. But, we’ve got issues
with how your site deals with transient merchants. My personal opinion and I still think it
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is probably a good one is that since you have to come back to the Planning Board
anyways for the site plan issues that’s the point to say and oh, by the way, I’m applying
for this generic “boilerplate” give me permission to do stuff inside the Dome and
reference the fact that it was already discussed once by the Planning Board, I’m sure the
Planning Board won’t have problem with giving you that “cookie cutter, generic,
boilerplate”- however you want to phrase it, and then that way and have it right in the site
plan approval so that this Board can point to that document and say the next time that you
go get somebody all they need is to go before this Board with an application. There is no
talk about going to the Planning Board, blah, blah, blah. What I just heard Roger suggest
is if we can get your assurance that this is where this is going before we get the next arts
and crafts show than I think we’d all feel better. Speaking for myself anyways that’s
where I was four months ago. If we weren’t on the same page or that isn’t true than, but
that’s how I recall it. That’s the jest of the conversation I had with you.
MR. MILLER- And that is the conversation we had and we both pulled the minutes up it
was clear Richard….
SUPERVISOR STEC- I don’t want to hold her up but there are other people out there
and some of the Board Members can probably remember some of the applicants that have
come in here with a list and said ya know, for this event, this week you guys made me
jump through all of these hoops to get the transient merchant law and I did it but here’s a
list and they would literally list off five or six others that didn’t do it.
MR. MILLER- And again, I’m going to go back to what we started earlier, she started in
March.
COUNCILMAN BOOR- Doug, again, I’m going to recommend that we approve this but
I’m also going to recommend that the next available workshop you be there, Dave Hatin
be there and Craig Brown be there and we are going to see what the site plan called for
and we are going to see what deviations were required by somebody else in that
department and we are going to come out of that meeting having a full understanding of
why you are in this position and how to correct it.
MR. MILLER- Do you have a date for that? Is that date set?
SUPERVISOR STEC- Well, I’ll have to get back to you on that.
COUNCILMAN SANFORD- I appreciate what Dan is saying in that if we move forward
with this tonight that no exceptions that we have to have it concluded at that workshop so
that we are not doing this again.
COUNCILMAN BOOR- Right, because we don’t enjoy it any more than you do.
MR. MILLER- One of the citation I got is I haven’t built a garage yet. How can I be cited
for not building a garage?
COUNCILMAN Strough- Doug, when is the next event?
MR. MILLER- The next event may be Ann’s, if this is successful, her next show in
December. Right now she is not sure she wants to do it. She doesn’t want to go through
these games again.
COUNCILMAN STROUGH - This is an unusual situation. We are working and
smoothing things out and hopefully we will remedy the wrong befall you because of our
efforts or lack of. So you will be able to potentially get into site plan review and get your
approvals for these modifications that have happened to the original site plan before the
next event.
MR. MILLER- Tom Nace has been working on them, is working on them and I won’t
submit anything until after we have this workshop meeting and because there may be
additional things or clarifications that come out of that workshop.
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
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COUNCILMAN STROUGH- And I have one other question for ya that Craig Brown
brings up and that is, have you gotten formal permission from the City of Glens Falls to
use the Tech Park?
MR. MILLER- Its in the packet she submitted.
COUNCILMAN STROUGH- Okay
SUPERVISOR STEC- I mean right, it’s the changes to how things flow there since
you’ve made them are working, there is no doubt about it. I really don’t think that there is
any risk at the Planning Board or at this Board and perhaps somebody is going to say
well than darn it why are you so focused on process, and like I said it’s because I’ve been
in the room, and it will happen again somebody will come in and they will say why are
you doing favors for Doug Miller in the Dome? I don’t want to subject myself or to
anybody else on this Board to that criticism.
MR. MILLER- Are we doing favors, I mean she… guidelines in here are sixty days prior
to the event and like I said it was well over 100 days, 120 days, 130 days something of
that order.
COUNCILMAN STROUGH- And not only that Dan
MR. MILLER- It has taken 90 days to get Craig to sign off on it so that it could get
submitted.
COUNCILMAN BOOR- It’s a point well taken
SUPERVISOR STEC- So, alright, we don’t have a resolution prepared
COUNCILMAN BOOR- Can we have one and do it tomorrow when we do that other
resolution?
SUPERVISOR STEC- I suppose we could, yeah
COUNCILMAN STROUGH- Well, I think you don’t have to formalize a resolution you
can basically just say that the Board is going to approve
SUPERVISOR STEC- We’ve got one on the computer we can do that for tomorrow. So,
I’d entertain a motion to table this motion then. You want to play it that way?
COUNCILMAN BOOR- Yes. Yeah, just pull it.
SUPERVISOR STEC- Alright moved to table by Roger and seconded by
COUNCILMAN SANFORD- I’ll second it
SUPERVISOR STEC- Rich to table
MR. MILLER- I can give you a copy of the resolution that you approved for the last one.
I’ve got it with me
SUPERVISOR STEC- I’m sure you’ve got them. No, we will have this on for tomorrow
COUNCILMAN SANFORD- Doug, we will have this on for tomorrow. We will
probably do it first thing.
MR. MILLER- Tomorrow is?
COUNCILMAN BOOR- Tuesday. At 4:30 we have a special workshop for this pilot
program for Tribune
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SUPERVISOR STEC- You are certainly welcome to come. I don’t think there will be
any issue with
COUNCILMAN SANFORD- Can we do this first
SUPERVISOR STEC- Oh, yeah, we can do this first. Doug, what was the date on the
one we approved before then? Was it February?
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MR. MILLER- February 5
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SUPERVISOR STEC- So at a February 5 meeting there is a similar one in there we can
probably go in and use that
MR. MILLER- Resolution 6.15 (2)
SUPERVISOR STEC- Alright, Stu will you talk with Craig and coordinate with Craig
and I guess Rose tomorrow to get a resolution ready for 4:30 to approve and you can use
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6.15 from February 5.
MR. MILLER- 6.15(2)
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SUPERVISOR STEC- Parenthesis 2, why was there? Well, anyways just February 5
we’ll find a relevant, similar resolution to approve and then we will insert it on the
agenda tomorrow. Alright, on the motion to table all in favor “I”. Alright, unanimously
tabled. Tomorrow we will have that and we will approve it and Doug our understanding
is in fact that we are going to have a workshop sometime in July and we are going to
come up with a game plan to wrap up the transient merchant issues so that we don’t put
people like Ms. Watson in the middle again.
MR. MILLER- So the workshop won’t be until July
SUPERVISOR STEC- Oh, yeah.
COUNCILMAN BOOR- And the rest of them are very busy right now
SUPERVISOR STEC- Yeah, we’re booked
MR. MILLER- Early July
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SUPERVISOR STEC- So that will be the sixteenth -- July 9
COUNCILMAN BOOR- You only have one more workshop in June
SUPERVISOR STEC- I’ll let you know tomorrow or the next day what day in July and if
it is not good for you we’ll find a day. Any other discussion? Okay, I’ll entertain and
motion to adjourn.
RESOLUTION TO TABLE 304,2007
RESOLTUION REFERRING ANN WATSON/TWO WOMEN AND A SHOW’S
APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT
MARKET TO TOWN PLANNING BOARD
RESOLUTION NO.: 305,2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26
666
SECONDED BY: Mr. Richard Sanford
Resolved,
that the Town Board of the Town of Queensbury hereby tables Resolution
No.: 304, 2007 Resolution Referring Ann Watson/Two Women and a Show’s
Application for Transient Merchant/Transient Merchant Market to Town Planning Board
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Duly Adopted this 18 day of June 2007 by the Following Vote:
AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 306, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns its
Regular Town Board Meeting.
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Duly adopted this 18 day of June, 2007, by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
Respectfully Submitted,
Darleen Dougher
Town Clerk
Town of Queensbury