1994-02-07
REGULAR TOWN BOARD MEETING
FEBRUARY 7, 1994
7:00 p.m.
MTG.#9
RES. 70-83
TOWN BOARD MEMBERS PRESENT
Supervisor Fred Champagne
Councilman Betty Monahan
Councilman R. George Wiswall
Councilman Carol Pulver
Attorney Paul Dusek
TOWN BOARD MEMBERS ABSENT
Councilman Nick Caimano
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE
RESOLUTIONS
RESOLUTION APPROVING TOWN BOARD MINUTES
RESOLUTION NO. 70.94
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of January
17th, January 24th (two sets) and January 25, 1994.
Duly adopted this 7th day of February, 1994 by the following vote:
AYES: Mrs. Monahan, Dr. Wiswall, Mrs. Pulver, Mr. Champagne
NOES; None
ABSENT:Mr. Caimano
RESOLUTION SETTING PUBLIC HEARING
ON PROPOSED LOCAL LAW NO. _, 1994
A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY
BY ADDING A NEW CHAPTER 10 TO BE ENTITLED
"ECONOMIC DEVELOPMENT ZONE APPLICATION LAW",
WHICH CHAPTER AUTHORIZES THE TOWN OF QUEENSBURY
TO PREPARE AND SUBMIT AN APPLICATION TOGETHER WITH
THE CITY OF GLENS FALLS FOR DESIGNATION OF AREAS OF THE
TOWN AND CITY AS ECONOMIC DEVELOPMENT ZONE AND WHICH PROVIDES
FOR A DIRECTOR AND ADMINISTRATIVE BOARD
RESOLUTION NO. 71, 94
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town
of Queensbury, Local Law No. _, 1994, A Local Law to Amend the Code of the Town of Queensbury by
Adding a New Chapter 10 to be Entitled, "Economic Development Zone Application Law," Which Chapter
authorizes the Town of Queensbury to prepare and submit an application together with the City of Glens
Falls for designation of areas of the Town and City as Economic Development Zone and which provides
for a Director and Administrative Board, and
WHEREAS, such legislation is authorized pursuant to the General Municipal Law of the State of
New York, and
WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing,
NOW, THEREFORE, BE IT
RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and
hold a public hearing at the Town of Queensbury Office Building, 531 Bay Road, Queensbury, Warren
County, New York, at 7:00 p.m., on the 17th day of February, 1994, to consider said Local Law No._,
1994 and to hear all persons interested on the subject matter thereof concerning the same to take such
action thereon as is required or authorized by law, and
BE IT FURTHER,
RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby
directed to publish and post the notice that has also been presented at this meeting concerning the proposed
Local Law No. _,1994 in the manner provided by law.
Duly adopted this 7th day of February, 1994, by the following vote:
AYES Dr. Wiswall, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: Mr. Caimano
Discussion held by Town Board-Application must be in by 5:00 P.M. on the February 28th...it was noted
that City has already passed this resolution... Supervisor Champagne-Noted that Mr. Caimano's concerns are
that we are setting up commission separate from the Board and consequently as some people have feelings
in the past that, that removes the elected officials from having the say in matters of economic zone
operation. ...Mr. Martin Faircloth- The composition of the Board is ultimately controlled by the Common
Council and the Town Board, given you would appoint the individuals who sit on the Board... Supervisor
Champagne-Are there elected officials on the Board...Mr. Faircloth-There can be...Executive Director
Martin-This Board even of it self only has limited powers, this Board does not negotiate by payment in lieu
of tax or anything like that, they are only charged with those benefits that are available through the program
they are simply a board that reviews information and documentation submitted by a company who is
looking to get those. ... Councilman Monahan-requested a clarification regarding appointments...The
Board added the following to 10.7 in each instance: subject to the approval of the Common Council and
....subject to the approval of the Town Board...
Town Board Announced that there will be a Special Town Board Meeting on February 17, 1994 at 7:00
P.M.
RESOLUTION SETTING PUBLIC HEARING
ON PROPOSED AMENDMENT TO SIGN ORDINANCE
(CHAPTER 140 OF THE CODE OF THE TOWN OF QUEENSBURY)
RESOLUTION NO. 72. 94
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
WHEREAS, there has been prepared and published a codification of laws, ordinances, and
regulations of the Town of Queensbury, and
WHEREAS, the Sign Ordinance of the Town of Queensbury is included in such codification as
Chapter 140, and
WHEREAS, it appears appropriate to amend, supplement, change, and/or modify said Ordinance,
and
WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town
of Queensbury, a proposed amendment to the Sign Ordinance, and
WHEREAS, prior to any amendment, supplement, change, or modification to the said Town of
Queensbury Sign Ordinance, it is necessary to complete a SEQRA review and conduct a public hearing,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public
hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on
the 28th day of February, 1994, to consider the said proposed amendment to the Town of Queensbury Sign
Ordinance, and to hear all persons interested on the subject matter thereof concerning the same to take such
action thereon as is required or authorized by law, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and
post the notice that has also been presented at this meeting concerning the proposed amended Sign
Ordinance in the manner provided by law, and
BE IT FURTHER
RESOLVED, that the Executive Director is also hereby authorized and directed to send notice of
the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, and such other
communities or agencies that it is necessary to give written notice to pursuant to ~265 of the Town Law of
the State of New York, the zoning regulations of the Town of Queensbury and the laws of the State of New
York, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby determines the action about
to be undertaken to be an unlisted action pursuant to the rules and regulations adopted by the New York
State Department of Environmental Conservation pursuant to the State Environmental Quality Review Act.
Duly adopted this 7th day of February, 1994, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne
NOES None
ABSENT: Mr. Caimano
RESOLUTION ESTABLISHING FURTHER DUTIES FOR THE
DIRECTOR OF BUILDING AND CODES ENFORCEMENT
RESOLUTION NO.: 73,94
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Warren County Sheriffs Department and Post Office are working towards the
implementation of establishing a uniform system of address, number, and street/road names for the Town
of Queensbury, as well as all other towns in Warren County, and
WHEREAS, the Town Board of the Town of Queensbury desires to designate an official of the
Town to assist in and work towards implementing the uniform system of address, number, and street/road
names in the Town of Queensbury, which would include, but not be limited to, identifying those roads in
the Town of Queensbury which are private roads, assisting in the numbering of the properties or houses
located on said roads, meeting with property owners, as may be necessary, and generally working with the
Warren County Sheriffs Office and United States Post Office for the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby designates Mr. David
Hatin, Director of Building and Codes Enforcement, as the Town representative that shall work with the
Warren County Sheriffs Department and United States Post Office as described in the preambles of this
resolution and hereby further increases the duties and responsibilities of the Director of Building and Codes
Enforcement to include the aforementioned task
Duly adopted this 7th day of February, 1994, by the following vote:
AYES Mrs. Monahan, Dr. Wiswall, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: Mr. Caimano
Discussion held regarding Shamrock Shuffle Road Race, it was noted that the insurance has not been
received as of this date and the Board will take action at a later date.
RESOLUTION DELEGATING AUTHORITY UNDER BINGO LICENSING LAW
RESOLUTION NO.: 74,94
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Board of the Town of Queensbury is the governing body of the Town of
Queensbury and is charged by the Bingo Licensing Law with the duty to issue, amend, and cancel licenses,
as well as conduct investigations and hearings and generally supervise the operation of the Bingo game and
the collection and transmission of fees, and
WHEREAS, pursuant to General Municipal Law ~498, the Town Board of the Town of
Queensbury may delegate to an officer or officers thereof designated by it for that purpose, any of the
authority granted to it under the Bingo Licensing Laws,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby delegates to the Town
Clerk for the Town of Queensbury, Miss Darleen M. Dougher, the authority granted to the Town Board in
relation to the issuance, amendment, and cancellation of licenses, the conduct of investigations and
hearings, the supervision of the operation of the games and the collection and transmission of fees.
Duly adopted this 7th day of February, 1994, by the following vote:
AYES Dr. Wiswall, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: Mr. Caimano
RESOLUTION CONCERNING EMPLOYEE HEALTH INSURANCE BENEFITS
RESOLUTION NO.: 75,94
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
WHEREAS, by virtue of General Municipal Law ~92-a, the Town Board of the Town of
Queensbury may contract with an appropriate insurance company for the purpose of providing health
insurance benefits to employees, and
WHEREAS, such contract for health insurance benefits, may, if authorized by the governing board
and subject to such conditions, limitations and eligibility requirements as may be fixed by the Board,
permit any retired officers or employees or group of retired officers and employees of the Town voluntarily
to subscribe to the health insurance plan, and
WHEREAS, the Town of Queensbury is also authorized to appropriate a sum required to be paid
by the Town at any percentage of the total cost, including the whole thereof under such contract,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby determines and sets forth
as written policy that all full-time Town employees not a part of the Town of Queensbury unit of the Civil
Service Employees Association, Inc., shall be afforded the opportunity of receiving health insurance
benefits upon the same terms and conditions as is set forth in the agreement between the Town of
Queensbury and the Town of Queensbury Unit of the Civil Service Employees Association, Inc., last
executed December 27, 1991, provided, however, that said benefits are subject to adjustment at such times
and in the same manner as may, in the future, be agreed upon between the Town of Queensbury and the
Town of Queensbury Unit of the Civil Service Employees Association, Inc., and
BE IT FURTHER,
RESOLVED, that the health insurance benefits as currently existing and as intended by this
resolution to be afforded to all full-time Town employees not a part of the Town of Queensbury Unit of the
Civil Service Employees Association, Inc., shall be as follows:
1. HOSPITALIZATION, DENTAL, VISION CARE, AND HEARING CARE INSURANCE:
A All eligible employees shall be entitled to enroll in non-duplicative health insurance, with
$3.00 co-pay prescription plan rider, with $50 deductible or equivalent for either individual coverage or
dependent and family coverage. The employee shall contribute 4% of the total premium. The Town shall
pay the balance of the total premium. Effective January 1, 1993, the employee shall contribute four and
one-half percent (41/2%) of the total premium; effective January 1, 1994, the employee shall contribute
five percent (5%) of the total premium.
B. All eligible employees shall be entitled to enroll in non-duplicative Dental Plan. The
employee shall pay $3.00 per month for individual coverage and $5.00 per month for family coverage.
Effective January 1, 1993, the covered employee shall pay $3.50 per month for individual coverage and
$5.50 per month for family coverage; effective January 1, 1994, the covered employee shall pay $4.00 per
month for individual coverage and $6.00 per month for family coverage. The Town will also provide a
vision care rider and hearing care rider to the participating employee's insurance coverage.
C. If an employee dies while he is employed by the Town, the Town shall pay the health
insurance premium for such deceased employee's immediate family for one year.
2. DISABILITY INSURANCE.
All employees of the Town shall be covered by New York State Disability Insurance at no cost to
the employee. The employee shall have the option to use sick leave or utilize the New York State
Disability. In any event, once an employee's accumulated sick leave is exhausted, he shall utilize the
Disability Insurance.
3. COMPARABLE HEALTH INSURANCE COVERAGE PROVISION.
If an employee provides the Town with evidence of comparable health insurance in a manner and
form to be determined by the Town, and executes an appropriate waiver of health insurance coverage and
waiver of liability to the Town, such employee shall receive at the end of each month for which such
employee has worked, the sum of thirty-five ($35.00) dollars per month if the employee is eligible for
individual coverage and ninety-five ($95.00) dollars per month if the employee is eligible for dependant
coverage.
4. RETIREMENT HEALTH INSURANCE COVERAGE.
The Town will continue to provide group health insurance coverage for any Town employee
retiring at age 55 or older pursuant to the New York State Retirement System with at least ten years of
service with the Town until the death of such employee, provided that the retired employee contributes
toward the premium of such health insurance in the same amount as required by the Town for other
employees then employed. Upon the death of such retired employee, the Town shall provide group health
insurance coverage for such retired employee's surviving spouse for an additional six month period.
Thereafter, the retired employee's surviving spouse may continue such health insurance coverage pursuant
to the provisions of the Consolidated Onmibus Budget Reconciliation Act of 1985 (COBRA) and/or may
retain coverage under the Town policies then in effect by paying to the Town the full amount of each
month's premium;
and
BE IT FURTHER,
RESOLVED, that the Town Board notes that any funds necessary have previously been budgeted
and that this resolution is not intended to incur further expenses.
Duly adopted this 7th day of February, 1994, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne
NOES None
ABSENT: Mr. Caimano
RESOLUTION AUTHORIZING INTERFUND ADVANCES
RESOLUTION NO.: 76, 94
INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the
Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to
any other fund,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary
advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below:
FROM:
TO:
$ AMOUNT
40 - Queensbury Water 32 - Quaker Rd. Sewer
75,000.00
and
BE IT FURTHER,
RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed
to arrange for and accomplish the above-authorized transfers, and temporary advances, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and
arrange for the repayment of the temporary advances as soon as available, and in the case of loans from
funds generated from differing tax bases, the Town Supervisor shall also determine the amount of interest,
if any, to be paid, upon repayment, with the amount of interest to be equal to the amount that would have
been earned on the investment of moneys in the Fund making the advance, had the advance not been made.
Duly adopted this 7th day of February, 1994, by the following vote:
AYES Mrs. Monahan, Dr. Wiswall, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: Mr. Caimano
Discussion held-Councilman Pulver-Questioned what is the interest rate and what is the pay
back..Attorney Dusek-The time period is no later than the end of the physical year...the interest could be
put in as calculated by the Accounting Dept. or leave it as drafted where the interest is determined by the
Supervisor at the time of the payback, because the interest will be based on the earning of the funds that
loaned the money during that time period...
RESOLUTION TO AMEND 1994 BUDGET
RESOLUTION NO.: 77, 94
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, certain departments have requested transfers of funds for the 1994 Budget, and
WHEREAS, said requests have been approved by the Chief Fiscal Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the funds be transferred as follows, for the 1994 budget:
HIGHWAY ADMIN/ENGINEERING:
FROM:
TO:
AMOUNT:
1-1440-1485
(Town Engineer)
1-5010-1300
(Deputy Highway Supt.)
36,750.00
HIGHWAY:
FROM:
TO:
AMOUNT:
04-5142-1400
(Laborer A)
04-5142-1400-0002
(Laborer A Overtime)
3,500.00
04-5142-1440
(H.E.O.)
04-5142-1440-0002
(H.E. O. Overtime)
14,000.00
04-5142-1450
(M.E.O.)
04-5142-1450-0002
(M.E.O. Overtime)
45,000.00
04-5142-1470
(Working Foreman)
04-5142-1470-0002
(Working Foreman Overtime)
17,000.00
HIGHWAY:
FROM:
04-5130-1460
(Mech. )
01-5010-4400
(Misc. Contr.)
WATER:
FROM:
40-8310-1910
(Sr. Typist)
40-8330-4260
(Chlorine)
40-8320-4400
(Misc. Contractual)
40-8330-1842
(Lab Technician)
40-8310-1002
(Misc. Payroll)
40-8340-2899
(Capital Construction)
40-8340-2899
(Capital Construction)
40-8340-2899
(Capital Construction)
and
BE IT FURTHER,
TO:
AMOUNT:
04-5130-1460-0002
(Mech. Overtime)
9,500.00
01-5010-13 20-0002
(Conf. Adm. Sec. Overtime)
300.00
TO:
AMOUNT:
40-8320-1400
(Laborer "A")
9,900.00
40-8320-1400
(Laborer "A")
5,000.00
40-8320-1400
(Laborer A)
4,332.00
40-8320-1400-0002
(Laborer "A" Overtime)
1,000.00
40-8310-1490
(Water Supt.)
49,280.00
40-8310-1500
(Dep. Water Supt.)
47,270.00
40-8310-1180
(Prin. Acct. Clerk)
26,800.00
40-8310-1180-0002
(Principal Account Clerk -
Overtime)
500.00
RESOLVED, that the 1994 Town Budget is hereby amended accordingly.
Duly adopted this 7th day of February, 1994, by the following vote:
NOES : None
AYES : Dr. Wiswall, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
ABSENT: Mr. Caimano
RESOLUTION RESCINDING RES. 25, 94 CONCERNING
THE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE
QUEENSBURY SENIOR CITIZENS, INC.
RESOLUTION NO.: 78, 94
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 25, 94
authorizing execution of a contract between the Town of Queensbury and the Queensbury Senior Citizens,
Inc., and
WHEREAS, the Town Board of the Town of Queensbury desires to make a further modification
to the agreement and therefore finds it appropriate to rescind resolution 25, 94,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds resolution no. 25,
94, for the reason set forth above.
Duly adopted this 7th day of February, 1994, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne
NOES None
ABSENT: Mr. Caimano
Discussion held-Attorney Dusek-Re: contract, in the old contract there was a provision for an assistance to
work in the building and provide services and it is my understanding and in talking to the people that are in
charge of coordinating the town and the senior citizen activities that, that assistant is no longer in existence
but rather typing services and things of that nature are provided when available through people who are
available at that time mainly somebody from Darleen's Office, so this was a matter of deleting the contact
so it read consistent with the practice the Town is currently engaged in. Councilman Monahan-concerned
that the Seniors are aware that the Town has committed them to at least 20 hours a week...
RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH
QUEENSBURY SENIOR CITIZENS, INC.
RESOLUTION NO.: 79,94
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Board of the Town of Queensbury has deemed it appropriate and beneficial
to the Town that social and recreational activities and programs be provided for senior citizens residing in
the Town of Queensbury, and
WHEREAS, the Town Board of the Town of Queensbury has determined that an agreement
should be entered into with the Queensbury Senior Citizens, Inc., to provide said recreational and social
activities and programs, and
WHEREAS, a proposed agreement between the Town of Queensbury and the Queensbury Senior
Citizens, Inc., for the 1994 calendar year has been prepared, a copy of which is annexed hereto, and the
form thereof has been approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and
WHEREAS, it would appear to be in the best interest of the Town of Queensbury that said
agreement be approved in its present form and that the programs and activities described therein be
provided to senior citizens of the Town of Queensbury, and
WHEREAS, this agreement is permitted and authorized by Section 95A of the General Municipal
Law of the State of New York,
NOW, THEREFORE, BE IT
RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is authorized on
behalf of the Town of Queensbury to execute said agreement, and
BE IT FURTHER,
RESOLVED, that upon execution thereof by the Supervisor of the Town of Queensbury and the
authorized officer of the Queensbury Senior Citizens, Inc., said agreement be in full force and effect under
the terms and conditions specified therein, with an original copy of this agreement to be on file with the
Town Clerk of the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that payment due on said agreement be paid from the previously budgeted account.
Duly adopted this 7th day of February, 1994, by the following vote:
AYES Mrs. Monahan, Dr. Wiswall, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: Mr. Caimano
RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT
TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE
FOR AL BOYCHUK, AGENT FOR DONALD BAKER
RESOLUTION NO. 80. 94
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment,
supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and more
specifically considering a request for change of zone by Mr. Al Boychuk, Agent for Mr. Donald Baker,
whereby the parcel of land, known as Tax Map No. 110-1-1.25, and located at 36 Dix Avenue in the Town
of Queensbury would be changed from LI-lA (Light Industrial Zone - 1 Acre) to HC-lA (Highway
Commercial - 1 Acre) or PC-lA (Plaza Commercial - 1 Acre), thus modifying the existing Zoning
Ordinance and Map, and
WHEREAS, on or about November 29, 1993, the Town Board of the Town of Queensbury
adopted a resolution authorizing the submission of the aforesaid request to be submitted to the Town of
Queensbury Planning Board for a report and recommendation, and indicated its desire to be lead agent for
SEQRA purposes and authorized notification of all other involved agencies, and
WHEREAS, on or about the 21st day of December, 1993, the Planning Board for the Town of
Queensbury adopted a resolution to recommend to the Town Board approval of the Petition for a Change of
Zone for Mr. AI Boychuk, Agent for Mr. Donald Baker to Plaza Commercial - 1 Acre, and
WHEREAS, in order to so amend, supplement, change, or modify the Ordinance and map, it is
necessary pursuant to Town Law ~265 and the Town of Queensbury Zoning Laws to hold a public hearing
prior to adopting said proposed amendment,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the
applicant for the proposed rezoning has submitted a Short Environmental Assessment Form and completed
Petition for a Change of Zone, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at
which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to
a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning
Ordinance and Map described in the preambles of this resolution, and
BE IT FURTHER,
RESOLVED, that said public hearing shall be held on MARCH 7TH, 1994, at 7:00 p.m., at the
Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed
to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes
of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the
Clerk's Office said notice, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Executive Director of Planning, Zoning, and Building & Codes to ascertain a list of the names and
addresses of all property owners within 500' of the area to be rezoned, and further authorizes and directs the
said Executive Director to arrange for notification of the proposed rezoning to all said property owners that
a public hearing will be held mailing to said owners a copy of the Notice of Public Hearing presented at
this meeting, and
BE IT FURTHER,
RESOLVED, that the Executive Director is also hereby authorized and directed to send notice of
the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, and such other
communities or agencies that it is necessary to give written notice to pursuant to Section 265 of the Town
Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the
State of New York, and
BE IT FURTHER,
RESOLVED, that the Executive Director is hereby authorized and directed to give notice of said
public hearing and the fact that a SEQRA determination will not be made until after the hearing, to any
agencies that may be involved for SEQRA purposes, and to review and send any notices to potentially
involved agencies that may be necessary, and
BE IT FURTHER,
RESOLVED, that the Executive Director is also hereby authorized and directed to give notice and
refer this matter to the Adirondack Park Agency in accordance with the laws, rules and regulations of the
State of New York and the Adirondack Park Agency, if notice is necessary.
Duly adopted this 7th day of February, 1994, by the following vote:
AYES Dr. Wiswall, Mrs. Pulver, Mrs. Monahan
NOES None
ABSENT: Mr. Caimano
ABSTAIN: Mr. Champagne
RESOLUTION SETTING PUBLIC HEARING
ON PROPOSED LOCAL LAW NO. _, 1994
A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY
BY ADDING A NEW ARTICLE III TO CHAPTER 149 ENTITLED,
"STREETS AND SIDEWALKS," SAID NEW ARTICLE III
TO BE ENTITLED, "SNOW AND ICE REMOVAL"
RESOLUTION NO. 81, 94
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town
of Queensbury, Local Law No. _, 1994, A Local Law to Amend the Code of the Town of Queensbury by
Adding a New Article III to Chapter 149 entitled, "Streets and Sidewalks," said new Article III to be
entitled, "Snow and Ice Removal," which Article is to promote the availability of safe and accessible
sidewalks in the Town of Queensbury, and
WHEREAS, such legislation is authorized pursuant to the Town Law and Municipal Home Rule
Law of the State of New York, and
WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing,
NOW, THEREFORE, BE IT
RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and
hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at
7:00 p.m., on the 21st. day of March, 1994, to consider said Local Law No. _, 1994 and to hear all
persons interested on the subject matter thereof concerning the same to take such action thereon as is
required or authorized by law, and
BE IT FURTHER,
RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby
directed to publish and post the notice that has also been presented at this meeting concerning the proposed
Local Law No. _,1994 in the manner provided by law.
Duly adopted this 7th day of February, 1994, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES Dr. Wiswall
ABSENT: Mr. Caimano
PRESENT A TION BY KIWANIS
Mr. Tom Dorr-President of the Queensbury Kiwanis Club, introduced Peter Beams, immediate past
president, Doris Herwig, Publicity Chairman and Paul ...Secretary...passed out information on last years
Queensbury Fun Day...requested that the Town Recreation Dept. Chair the Queensbury Fun Day...Peter
Beames, explained how the programs were run last year...
Councilman Monahan-Requested that the Town Attorney look into any legal constraints in the Town
participating in this...
Attorney Dusek-The Town cannot solicit funds for a charitable organization...
Mr. Tom Dorr-Noted that the event will not happen this year due to lack ofhelp...we cannot handle the
general chairmanship, finance chairman...We would be willing to talk to the Recreation Dept. about the
planning of this and come back to the Board at a future date with what projections we felt would be the
Town's contribution...
Disc: Questioned if the Recreation Dept. would have enough time or personnel to handle it... Supervisor
Champagne-Number 1 we will have to find out how much we can contribute as far as the Town is
concerned .... number 2 Suggest that the Kiwanis meet with Harry Hansen ...Councilman Pulver, noted she
has a Recreation meeting with Mr. Hansen on Thursday and will bring up the topic...
ATTORNEY MATTERS
Attorney Dusek-I have one matter for executive session...
COMMUNICATIONS
Town Clerk Darleen Dougher-Read letter to the Town Board from the Gilheany Family, thanking the
Board for coming to the wake...(1tr. on file)
Councilman Monahan-We were talking about working on a new comprehensive land use plan the
regulations for them have changed a little bit so again I will say in the supplement that came in 34A check
page 118....
Councilman Pulver-I have one communication, Thomas Atkins, wrote a letter to the Town re: C&D site on
Big Boom Road, I would like to call him and tell him what the status is on it.
Executive Director Martin-I may have an update on that, Jeffrey Threw came in and picked up a use
variance application from our office and my understanding is he intends to submit for that.
Councilman Monahan-We should think long and hard about being lead agent on this project...
Supervisor Champagne-We are canceling the meeting on February 21st, because of Association of Towns
Meeting and holding the 28th as a Regular Meeting... Alert the Board that in as much as there will be
possibly three or four layoffs up coming in the next few days or even next month I have asked the County
Employment and Training Office to meet with these people to identify if in fact there are ways and means
that we can provide some type of training through the employment and training office, we have a meeting
Wednesday at the employment office to review the status of the people that are being layed off and with a
little luck we can get some training provided for them.
OPEN FORUM
Mr. John Salvadore-Resident of North Queensbury-re: North Queensbury Sewer Dist....requested that the
Town actively participate in the scoping session which will be sometime in February..key: location and
acquisition of land to locate the facility questioned what is mechanism for initiating discussion with
landowners for their land...spoke on the property behind the No. Qsby. Firehouse, questioned if anyone had
contacted the owner...what standing does that have in a scoping session for a supplemental EIS?
Councilman Monahan-...that is the concern why we tried that night, that they have to work with that
committee that has been established for the sewers in the Town of Queensbury and really work with them
to look at these options but how much weight that will carry I do not know.
Supervisor Champagne-If they go with Plan B, then by all means they are going to have to find property so
that is why I thought they would enter into at least at that point.
Executive Director Martin-Can't it be set up so that Clough Harbor is bound by a set of very strict criteria
by which each alternative is supposed to be reviewed so that we do in fact make sure that everything is
reviewed on the same plain and not one given preference over another or issued dismissed quickly before
they have been thoroughly investigated?
Mr. Salvadore-To the extent that SEQRA requires.
Councilman Monahan-Requested that Mr. Martin come up with a set of criteria/standards of research.
Mr. Salvadore-We are going to get a sewer...a question of how big or small the government boon doggie it
is going to turn out to be.
Councilman Monahan-All we can do John is try to get the best pipe we can for the least amount of money.
Mr. Salvadore-Clough Harbor is not going to do it because the County does not want them to do it, the
County was disappointed the Chairman was that you delivered that resolution with the options in it. I do
not think we should leave it to Clough Harbor to do this...I think the Town has to take the leadership role in
this ... how do you handle these things.
Attorney Dusek-Reviewed the process...Identify the nature of the project: County Project there is not a
whole lot more the Town can do than what it is currently doing and that is staying involved in the
process... .
Councilman Monahan-Spoke to the Town Board about a report done by Rist Frost on sewering North
Queensbury done in 88'.
Mr. Salvadore-Showed a letter to the Board from the Environmental Defense fund, regarding innovate
sewage projects...
Executive Director Martin-Noted that an item that came out of the committee discussions was a random
sampling of cost for hookup to run the lateral from individual homes...noted the areas that are bedrock...
Councilman Monahan-Questioned if that could be part of the SEQRA process...we want to make sure they
make a good analysis and the good study and it is not just a smoke screen type of a thing.
Mr. Salvadore-...we have to have on the table the alternatives to considered...
Mr. Boehm-Noted it was a major bone of contention the cost of hook ups...it was neverreally addressed...
Mr. Salvadore- I think we need some kind of town help town input something to break the log jam on is
land available that they cannot just simply discount and dismiss this as an option based on the fact that
nobody wants it in their back yard...
Councilman Monahan-Questioned if the committee looked at any parcels..
Mr. Salvadore-We looked at philosophies... Second request, there is going to be a schedule for a scoping
session, the town should finance and notice everyone by mail that the scoping session is taking place and
the intent of the scoping session...
Third request-Where do we stand with the wastewater agreement that the Town has with the Lake George
Park Commission?
Supervisor Champagne-Still reviewing...met with the Commission representative, reviewed where they are
at, I asked them to bring the commission together with Jim, Hatin and determine where the costs are, how
best to approach this, who should end up with a final inspection responsibility, where is this in the appeals
case, until that settles down it is hard to know where to begin, if they are out of the ball game we will pick
it up.
Mr. Salvadore-Why do you have too...
Supervisor Champagne-Personally there has to be some kind of inspection, in and around Lake George...
Mr. Salvadore-Spoke on a management district...
Supervisor Champagne-That maybe what we will be but we have to wait until the whole appeals thing
shakes out.
Mr. Salvadore-Reviewed his lawsuit against the Park Commission, Town of Queensbury...
Sent letter regarding Town Emergency Services to Town Board, re: Citizens Group...
Supervisor Champagne-We are looking at that.
Councilman Pulver-I am on that committee, we are working on that...we have met with the Fire
Companies...
Mr. Salvadore-Re: Expansion of Water Treatment Plant...! have asked for copies of the original EIS, there
doesn't seem to be one..the information is tied up in your departments..you are now talking about a new
basis for design and construction, I do not know if you are in the SEQRA process?
Attorney Dusek-The Town Board at the moment is only engaging in what we are calling a map, plan and
report, under SEQRA you are allowed to engage in studies without going through the SEQRA
environmental assessment form or process, my recommendation and advice to the Town Board, that the
process is for the map, plan and report and the idea or concept to be put into place as to where they think
they want to go and after they have that the very next step is to start the SEQRA process and complete a
long environmental assessment form, I believe it will be a type one action, DEC will be one of the agencies
we will coordinate with and they will go through that whole process...whether they do an IES or not I do
not know, that will be their decision to make after they see all the information.
Mr. Salvadore-Would they be the lead agency?
Attorney Dusek-Most likely, the Town Board...
Mr. Salvadore-Re: Water to residents around the landfill....1andfill water supply should be a part of the
expansion of the Water Treatment Plant...
Councilman Monahan-Carol and I have discussed this, we need to find out what papers are out there what
has really been said as far as governmental agencies are concerned, because I do not know what we know,
as far as definite commitments that we are committed to or is this a plan or what....
Attorney Dusek-The Town is not committed to the water district or whatever around the landfill...
Councilman Monahan-Questioned that this was part of the grant application, maybe we do not have the
option, is it a requirement under the grant application?
Supervisor Champagne-We do not even know if it is legal for the funds to flow for that purpose.. .Dick
Morse is trying to get an opinion on this...
Mr. Salvadore-What financial obligation can we hold the other communities to that used the Landfill as a
consolidated landfill...noted no EIS done on the landfill consolidation...
Are the public hearings on the water treatment plant are they part of the SEQRA process, preliminary to it?
Attorney Dusek-Town law requires a public hearing as a step in the procedural process SEQRA requires a
public hearing only if you are into an EIS...
Mr. Salvadore-I want to make sure that we do not get involved with going ahead and building buildings and
we do not have an adopted EIS.
... re: Formation of Town Public Health Board, any progress...
Supervisor Champagne-This Board will study analyze and try to complete sometime in July what the Town
looks like, we are into that process right now in terms of organizational charts, job descriptions, job duties,
task analysis and until such time I do not think we will be in the position to pass judgement on what we
really want to do with the re-organization.
Councilman Wiswall-Tell us why we need a Board of Health.
Mr. Salvadore-I think you have got to get the decisions that the Board of Health is required to make in their
variance granting powers out of the political arena.
Mr. Pliney Tucker-Questioned the cost of the map, plan and report on the Water Treatment Plant
Expansion by O'Brien and Gere, and what it was...
Supervisor Champagne-Yes...! cannot quote it offhand...
Mr. Pliney Tucker-You had a resolution transferring money around in the Highway and Water Dept.
requested a copy of it...
(copies given to Mr. Tucker)
Mr. Gilbert Boehm-No. Qsby.-Re: Kiwanis Club proposal, requested that the Board think about a pandora's
box that may be opening...the fact that other groups may be in here too, I do not think it is legal...
Councilman Monahan-Questioned why they didn't go to other groups like the fire companies...
Mr. Bill Gage-Washington County-What I observed here was one of the worst things that I have seen in
being involved in a taxpayers group, where people justify asking government because of an action of
another government, that has got to stop.
Mr. Mike O'Connor-Attorney-Suggested that open forum be limited to five minutes per individual for new
items...
Mr. Bill Gage-Noted Washington County has five minute limit...felt that you do not get people to come if
they have a time limit on their involvement.
Councilman Pulver-Noted that she is part time so it is difficult for our constituents to get ahold of us....! do
not have a problem with sitting for however long it takes listening...sometimes this is the only place people
can come and see us and so therefore we need to be here and they need to say whatever it is they want.
Councilman Monahan-Noted that maybe new items should have precedent...
Mr. Mike O'Connor-Basically we are coming to a point where the Board is going to make a decision on
Hudson Pointe there has been an offer by the developer of a dedication of land in lieu of recreation fee and
that may take some consideration by the Board before you say, yes, no. You may want to in this instance
because it is a PUD it is a little different than a subdivision, you make the final determination you do not
make a recommendation like you do in a typical subdivision. You will make the decision that will be part
of the findings under the PUD legislation that you have accepted the offer in lieu of recreation fees. Land
is what is supposed to be dedicated it is fee in lieu of and that is not what is offered we ask that you accept
the land for the recreation fees. In this instance they are talking about approximately 97 acres 87 acres of it
is in the WR3 zone 10 acres in the SFR zone and that is outside of the 5 acre offer which is to the south side
of the water plant. I you were looking at the strict interpretation of the ordinance you would be talking 2.2
acres because there are 96 residential units you are supposed to get 1000 square feet per residential lot so it
is far in excess. It is land that has been identified as being very unique and worthy of being preserved
within that 97 acres there is wetland, there is bluffs, there is buffer point to the bluffs there is some good
developable land that is being offered. We would like to have that as part of our final decision and have
you start discussing it or do what you have got to do to make that decision the same time you make that
decision on the PUD designation.
Councilman Monahan-Jim sent you in his packet with the findings the recreation fee law, and if you look at
that what you are supposed to consider in some ways this land might not qualify but on the other hand you
have a unique chance to preserve the bluffs and the scenic area along the Hudson River, we could as a
matter of philosophy in a place like this. We have had subdividers come in and want to give us a wet hunk
here and we are going to do fifty acres he wants to give us a wet hunk, you have had that Carol when you
were on the Board, over in back that he cannot develop on and it is no good to the Town either and he says
that is your land and we said no it does not qualify under these criteria. But here, I think the Board can do a
philosophy type of thing that this land is unique and of use to the Town because of what it is accomplishing
the protection of the bluff, and so what we are saying is that the Board needs to start thinking about if they
want to treat this in that manner and take this land and they do not have to pay recreation fee or how you
want to treat it. My philosophy right now would be that it would be worthwhile protecting that land.
Executive Director Martin-That would be my recommendation, I would accept it and no fee would be
necessary.
Councilman Monahan-We have to structure that in such a way that we are not setting a precedent...
Mr. Mike O'Connor-Will try to get a rough draft to the Board this week
Discussion held on Hudson Pointe meeting date: March 7th
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION NO. 82, 94
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
RESOLVED, that Audit of Bills as appears on Abstracted dated 2-7-94 and numbered 94001600 to
94054300 and totaling $468,018.77 be and hereby is approved.
Duly adopted this 7th day of February, 1994 by the following vote:
AYES: Mrs. Monahan, Dr. Wiswall, Mrs. Pulver, Mr. Champagne
NOES: None
ABSTAIN: Mrs. Monahan voucher on CWI
ABSENT: Mr. Caimano
(Councilman Pulver-Requested explanation regarding bill for Postage for the Town Court)
Discussion held regarding the hiring of Mr. Mosher's son to work summer employment at Pine View
Cemetery...it was noted that his son had worked in the past...Board agreed there would be no problem in
hiring Mr. Mosher's son for the summer...
Discussion held regarding the Warren Washington Co. Regional Economic Development Corp. funding
for 1994.. Supervisor Champagne, no decision has been made...
Discussion regarding tapping fees...Attorney Dusek is reviewing what has to do done...
Discussion regarding Sale of Water... Supervisor Champagne noted he had met with Mike Sullivan, it went
very well, we gave them the projected costs...
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 83, 94
INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
RESOLVED, that the Town Board hereby moves into Executive Session to discuss Attorney Client
Counsel and discussion regarding the potential sale of real estate.
Duly adopted this 7th day of February, 1994 by the following vote:
AYES: Dr. Wiswall, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES: None
ABSENT: Mr. Caimano
On motion the meeting was adjourned.
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury