1994-03-21
TOWN BOARD MEETING
MARCH 21, 1994
7:00 P.M.
MTG. #15
RES. 142-164
TOWN BOARD MEMBERS
Supervisor Fred Champagne
Councilman Betty Monahan
Councilman R. George Wiswall
Councilman Nick Caimano
Councilman Carol Pulver
Town Attorney Paul Dusek
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR FRED CHAMPAGNE
ANNOUNCEMENT
Councilman Nick Caimano- The other night we had a special meeting of the emergency services group and
at that time we passed out a copy of a resolution and we said we would upgrade that resolution based upon
the things that we had said at that meeting. There have been some other as I used the word permutations of
that plan which are going to be discussed later in executive session here, you will not be receiving tonight a
revised copy of that resolution simply because it has not gotten to that form yet. ...we will not have it until
after this meeting.
PUBLIC HEARINGS
AMENDMENT TO CERTIFICATE OF INCORPORATION OF THE BAY RIDGE VOLUNTEER FIRE
COMPANY,INC.
NOTICE SHOWN
Supervisor Champagne-Anyone here to speak on behalf of Bay Ridge?
Mr. Paul Pontiff-Good, evening Mr. Chairman, Ladies and Gentlemen, my name is Paul Pontiff I represent
Bay Ridge Volunteer Fire Company. What we are requesting the Board to do is to approve a certificate of
amendment to their charter for the purpose of satisfying the Internal Revenue Code requirements with
language to allow us to apply for qualification status under section 501C3 of the Code which will clarify
the position of the fire company as a tax exempt charitable organization. Now, although it is in form and in
substance such an organization there has never been a qualifying letter issued by Internal Revenue and that
is what we are proposing to do and the material that has been presented to you with respect to the
amendment includes language required by the Internal Revenue Code to accomplish that purpose.
Supervisor Champagne-Any questions? Thank you Paul, anyone else care to speak on behalf or against? I
will close the public hearing.
RESOLUTION APPROVING AMENDMENT TO CERTIFICATE OF
INCORPORATION OF THE BAY RIDGE VOLUNTEER FIRE COMPANY, INC.
RESOLUTION NO.: 142.94
INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury presently has an agreement with the
Bay Ridge Volunteer Fire Company, Inc., wherein the said Fire Company has agreed to provide fire
protection services for a certain area of the Town of Queensbury Fire Protection District located within the
Town of Queensbury, and
WHEREAS, the Bay Ridge Volunteer Fire Company, Inc., is presently desirous of amending its
Certificate of Incorporation, by adding a paragraph 4 to Article SECOND of said Certificate, pertaining to
the purposes of the Corporation, adding Article EIGHTH to said Certificate pertaining to the earnings and
activities of the Corporation, and adding Article NINTH to the Certificate pertaining to the distribution of
assets upon dissolution of the Corporation all as required by the Internal Revenue Service, and a copy of
the proposed amendment has been presented to this meeting, and
WHEREAS, a public hearing was duly held on March 21, 1994 at 7:00 p.rn., in the Queensbury
Activities Center, and all persons interested in the subject thereof were heard,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves and consents to
the said Amendment of the Certificate ofIncorporation of the Bay Ridge Volunteer Fire Co., Inc., as the
same is presented to this meeting and consents to the filing of the same.
Duly adopted this 21st day of March, 1994, by the following vote:
AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
PUBLIC HEARING TAPPING FEES
NOTICE SHOWN
Supervisor Champagne-Increase in tapping fees for the Town tapping of water mains. Open the Public
Hearing
Mr. Ralph VanDusen-Deputy Water Supt. In 1987 the Town Board established tapping fees that reflected
at that time the cost of the water department going to the site, making excavations, making the connection
into the water main and running as far as the property line and back filling and installing the water meter.
At that time it was the intent that those fees would cover the entire costs of that work. Over the next, the
last seven years our costs have gone up in the last couple of years OSHA haS very stringently been changed
requiring trench cages, more people actually to do the work taking longer time, more equipment to be used
and the recommendation of the water department is that we revise the tapping schedule to meet those costs
so that we again are breaking even. The proposed tapping schedule as you have it would reflect that and it
is based on the 1993 costs for the taps that we made last year. Do you have any questions?
Councilman Caimano- When was the last time anything was changed on these tapping fees.
Mr. VanDusen-Seven years ago, 1987.
Councilman Caimano-And they represent only the cost, right, where you have proposed fees these are
actually what the costs are for putting them in.
Mr. VanDusen-That is rounded off to the nearest twenty five dollars that is the, that was our actual costs for
1993.
Councilman Caimano-I am going to ask the question because I am sure that somebody from the public will
be able to use a calculator as well as I and there are some pretty heavy percentages that have gone up. But
these represent only the costs today, pretty much of how you, for example the one inch long is up to 113%,
that is up 113% so, but the point is that these are only, are costs by in large, right?
Mr. VanDusen-That is right there is no profit in there, that is our costs. I would say that of the taps that we
made in 1993 roughly 90% of them were in the 3/4 inch category.
Supervisor Champagne-Yes, there were very few that went beyond the one, when I analyzed the raw data,
that they provided.
Councilman Caimano-What, 3/4 inch
Supervisor Champagne-Yea.
Mr. VanDusen-The average homeowner would have a 3/4 inch water service.
Councilman Caimano-Long?
Mr. VanDusen-Well, long means the water main is on the opposite side of the road the short is on your
side.
Councilman Caimano-That's 64% so, I just want to make sure the public understands that we did not throw
in any profit dollars here at all?
Mr. VanDusen-Right, what has been happening is the expenses have been subsidized by the rest of the
people in the Queensbury Water District and this will end that so each time you apply for a new connection
it will pay its share of the costs. We had a concern about the costs, that an increase was relatively high, one
of the things that we looked at was construction estimates to put it out, what would the costs be if we hired
private contractors? Now, I can tell you that using the RS Means Catalog of 1994 that our costs are still
substantially lower than what the engineers, the contractors estimates are.
Councilman Caimano-I think it is right to be concerned but on the other hand as you point out even this 3/4
inch long which is up 64% up to this point the rest of the water districts have been subsidizing that.
Supervisor Champagne-Any further comment, from the public?
Mr. Nick Nickelson-How much was it before and how much is it now?
How much are they asking it is supposed to be now in dollars?
Councilman Caimano-Which one?
Mr. Nickelson-Well on one side of the road, say it is on your own side of the road.
Councilman Caimano-The short was $225.00, now it is $300.00 that is a 33% increase.
Mr. Nickelson-How much is it for across the road?
Mr. VanDusen-It was $275.00 it would now be $450.00.
Mr. Nickelson-That is outrageous.
Councilman Caimano-It is also outrageous is somebody else has to pay for it.
Supervisor Champagne-I think if you were to compare it to other communities where either, whether the
Town or the City is doing their own tapping or especially in an outside contractor which is being looked at
previously.
Mr. Nickelson-Well, we are tapping ourself, right?
Supervisor Champagne-Yes. Just making comparisons with others, we are still well within the lines.
Councilman Monahan-Ralph that colunm that is residential without meter at West Glens Falls/Shore
Colony is that current or proposed?
Mr. VanDusen-That would be proposed, currently there is no separate fee for them and the reason it is
different, those customers do not have water meters, so the cost of the meter has been subtracted from the
tapping fee.
Councilman Monahan-So, the proposed fee and the other includes the meter.
Mr. VanDusen-The proposed fee includes the meter, yes, includes all the costs associated with hooking up
the new service within the Town right of way and the meter.
Supervisor Champagne-Come up to the table please maam?
Unknown-Could Mrs. Pulver speak up?
Councilman Caimano- This is Mrs. Pulver.
Unknown-I could not hear her.
Councilman Monahan-I will put my microphone at a different level, is that better?
Unknown-Yes. Thank you.
Supervisor Champagne-What to repeat the question Betty, did you want the question repeated maam?
Unknown-Yes, Please.
Councilman Monahan-I asked what the colunm was that was residential without meter, West Glens
Falls/Shore Colony if that was current or proposed? That is a proposed fee which will be different because
they do not have a meter, was the answer from Ralph will be the proposed fee because they do not have a
meter and the cost of the meter has been deducted from their fee.
Unknown-Thank you.
Supervisor Champagne-Anyone else from the public care to speak?
I will close the Public Hearing.
RESOLUTION APPROVING RATE SCHEDULE FOR TAPPING FEES
RESOLUTION NO.: 143.94
INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, there has been established for all water districts in the Town of Queensbury, tapping
fees assessed for Town services and making connections and providing meters in connection with the
establishment of or provision of new water service, and
WHEREAS, the cost of the connection to water lines and providing meters for new users has been
in excess of the expenses incurred by the Town of Queensbury Water Department, and
WHEREAS, it is the intent of the Town Board to establish a tapping fee that is reflective of the
actual costs to the Town of Queensbury Water Department, and
WHEREAS, the proposed rate schedule has been previously presented to this Board, which rate
schedule applies to the following districts:
1. Queensbury Consolidated Water District;
2. Sherman Avenue Extension Water District;
3. Peggy Ann Road Water District;
4. Easy Street Water District;
5. Hiland Park Water District;
6. West Glens Falls Water District;
7. Shore Colony Water District; and
WHEREAS, in accordance with the Code of the Town of Queensbury, ~ 173-27 thereof, a public
hearing was held on the aforesaid rate schedule,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the
proposed rate schedule accomplishes the purpose and intent set forth in the preambles of this resolution,
and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes
the following rate schedule to be implemented, for applications for water taps or meters made April 1st.
1994 or after:
SIZE T AP*
PROPOSED FEE
CURRENT FEE
RESIDENTIAL W/O METER-
WGF/SHORE COLONY
3/4" short
$ 300.00
$ 225.00
200
3/4" long
$ 450.00
$ 275.00
350
1" short
$ 600.00
$ 325.00
425
1"long
$ 800.00
$ 375.00
625
1 1/2" short
$ 900.00
$ 525.00
575
1 1/2" long
$1,200.00
$ 575.00
875
2" short
$1,200.00
$ 825.00
850
2" long
$1,500.00
$ 875.00
1150
3/4" meter
only
$ 100.00
1" meter
only
$ 175.00
1 1/2" meter
only
$ 325.00
2" meter
only
$ 350.00
* includes meter and connection unless otherwise indicated
Duly adopted this 21st day of March, 1994, by the following vote:
AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
Discussion held before vote: It was the decision of the Town Board to put the effective date as of April 1st,
1994 in the resolution ...
PUBLIC HEARING
SALE OF PROPERTY QEDC NOTICE SHOWN
Supervisor Champagne-Paul, do you want to start us into that one and then we will hear from the public?
Attorney Dusek-The Town of Queensbury owns approximately 34 acre parcel located off Corinth Road or
actually more precisely it is down Carey Industrial Boulevard and you have to cross a right of way to get to
this parcel but it's in the Corinth Road area of Town. As I mentioned, it is about 34 acres the Town
acquired it from my research in 1968, the bonding resolution that looks like it went with the property
indicates that it was anticipated it would be used as a landfill back then and this resolution here basically
indicates, well, take that back for a moment. The Town was approached by QEDC for the purchase of that
land and that in order for the Town to determine that it is proper to sell the land it must first hold a public
hearing which is the purpose of tonights meeting and secondarily it would have to entertain a resolution
finding the property to be surplus property and setting the sale price which has been proposed at $90,000.
The previous resolution adopted by the Board made preliminary findings that it was surplus property
tonights resolution would re-affirm that pending the public hearing. You will certainly want to hear, see if
there is any comment at the public hearing before acting upon the resolution.
Supervisor Champagne-Tim?
Mr. Tim Brewer-Candleberry Drive, Queensbury do we have a map so we can put up for the public to see.
Executive Director Martin-It is not exactly to scale...(used map) Corinth Road lies up here offfrom
that..would lie here off the map, Carey Drive comes in here, the 34 acre parcel is this square piece back
here.
Mr. Brewer-So there is access off Carey Road?
Executive Director Martin-There is a right of way a fifty foot right of way that extends in from Carey
Drive, the river lies up here, this does not have river frontage. This is 1200 feet off the river.
Councilman Monahan-And that other piece by the river is ours, isn't it?
Executive Director Martin-Yes, so there is a piece here this odd shaped piece is also the Town of
Queensbury land I think it was purchased at the exact same time.
Mr. Brewer-Are there intentions to sell that also, possibly?
Councilman Monahan-Not at this time.
Mr. Brewer-I guess I want to know, what are the reasons for selling it? Just excess land? Why wouldn't we
sell both pieces only one?
Councilman Caimano- W e have reason to believe that there will be a good use of this land.
Mr. Brewer-In otherwords a tenant?
Councilman Caimano-I carmot tell you that. Yes, that is right, seriously, that is right.
Mr. Brewer-Then why wouldn't you sell it directly to the tenant?
Councilman Caimano-Do you want to talk about that?
Attorney Dusek-The interest was expressed by QEDC to acquire the land as part of the towns industrial
program as I understand it and their feeling is that they will be able to develop that for an industrial use.
The Town is the Town and QEDC are setting up that transaction there is authority under not for profit
corporation law which says that the Town can sell to QEDC after, that is why we are doing the public
hearing, because that is one of the requirements of that section of the law. They can sell to QEDC under
such terms as he deems appropriate, I might mention the Town did have a appraisal of the property made
which appraisal came back indicating the value of $90,000 which is the Town's offering price to QEDC. If
this goes through tonight the next stage would be contracts between the parties. But it is basically has
arisen because QEDC is the primary party interested and they will do with the property as they see fit, with
the Town's hope that it will be developed industrially. From the information that we currently have that is
what we are lead to believe.
Mr. Brewer-Presumably that is more than the Town paid for the property.
Supervisor Champagne-Considerably.
Mr. Brewer-OK.
Unknown-Who is QEDC?
Councilman Caimano-Queensbury Economic Development Corp. which is a
Unknown-Where exactly is the property? That was not very clear.
Councilman Caimano-Go ahead tell her again.
Executive Director Martin-Corinth Road lies here, ok. Carey Drive which is currently an unused road really
was installed as part of the Carey Industrial Park that has
Unknown-Which is where?
Executive Director Martin-It is just ...Northern Distributing on the same side of the road right next to
Northern Distributing on the east side of Northern Distributing, ok. Carey Drive is a U shaped drive
..Corinth Road loops back around and comes back out on to Corinth Road. Northern Distributing to give
you some bearings would be right in this area here (used map) on Corinth Road and this lies south-west of
Northern Distributing. There is another reason why I think QEDC expressed only in this parcel is the
southern most property boundary this parcel represents the boundary line of industrial zoning in residential
zone.
Councilman Monahan-You would have constraints along the river and I think, we are interested in
preserving along the river also.
Supervisor Champagne-Yes, Sir.
Mr. Pliney Tucker-Queensbury I hate to say it but, Boy, I was around when this was done and if I
remember correctly the two parcels were purchased at the same time for a landfill and in the battle that
ensued the lower section there became recreation land they hired an outfit from Burlington Vermont and I
believe they paid him $5,000 to design a park in that lower level. I was wondering what bearing that would
have on our recreation thing now?
Supervisor Champagne-Well, to my knowledge, Jim help me with this, but to my knowledge that is not set
aside, that was recreational property, my understanding is, it is Rl that is salable property and is lake front,
river front.
Executive Director Martin-I do not think, there is still a approximately 29-30 acres that is a separate parcel
that has river frontage that would not be touched and it would be my strong recommendation that the Town
needs to obtain access through to that point. So, you can still
Mr. Tucker-You would almost have to wouldn't you to be part of the deal?
Executive Director Martin-or anything else that the Town might want to do down there, but ...there were
not specific plans for a recreation area I know, it even says up here Queensbury Recreational Park and this
is somewhat, this was done in 68' so the plan was even then for this lower section along the river as a park.
Mr. Tucker-That was to smooth the feathers I guess at the time, that piece as a park, but it would not have
any bearing on our recreation law right now?
Councilman Caimano- No.
Mr. Tucker-So, what would be your intentions to do with that, what's on the river? Just hold it?
Councilman Caimano-We have no intentions other than leave it the way it is.
Mr. Tucker-Just hold it, Ok, thank you.
Supervisor Champagne-Any further comments?
Mr. Sterling Akins-Corinth Road I am confused, I like Tucker I was around at the time this happened and
we proceeded to oppose a landfill going in there because there was a brook going out of that area directly
into the Hudson and the landfill was going right over the top of it. The Hudson River Valley Commission
got an injunction against the Town and said that it could never be used for a landfill. But, from what Jim is
saying here I knew the Merritt property those two pieces of property purchased one was the Merritt
property and I am not positive who owned the other one, whether it was Carey or
Executive Director Martin-Carey, the portion along the Hudson River was John Carey and the other portion
that was the focus of this hearing is the Merritt property.
Mr. Akins-Well, the Merritt property also had 50' down onto the river, it went directly across, there is a big
gully that comes up to where the old Rail Road track in fact it came across the Rail Road track into the
toward the Corinth Road and then there was just a narrow neck of that Merritt property went down to the
Hudson River, is that going to be sold with it?
Councilman Caimano-No
Mr. Akins-That was part of that purchase, I was just wondering if the boundary lines have changed?
Councilman Pulver-It looks like it has been absorbed into the large parcel that is along the River right now.
Councilman Monahan-Did you find anything about a right of way to the river?
Attorney Dusek - I did not see that.
Mr. Akins-The larger parcel wasn't Merritt property that was
Councilman Pulver-Whatever strip that you are talking about has been absorbed. There is not going to be a
landfill there.
Mr. Akins-I hope not.
Supervisor Champagne-You do not have to worry about that.
Councilman Caimano-Put it over in Hudson Pointe, is where we are going to put the landfill.
Mr. Akins-I can't quite understand somebody wanting to put an industrial park open this up for industrial
use when you have got the whole Merritt Road has been open for what three or four, not Merritt Road,
Councilman Pulver-Carey Road.
Mr. Akins-Carey has been opened for three or four years now and there is nothing on it. They have not
been successful in selling anything and yet we plow that, sand it, every winter it is taken care of as well or
better than some of the other streets with nothing on it.
Supervisor Champagne-Thank you. Yes Maam, please come to the mic.
Unknown-I do better then with that stupid microphone.
Supervisor Champagne-Your name please just for the record.
Eileen Horning-I live in Broad Acres, and is that the latest survey on that, I am an old draftsman by the
way, 68'?
Executive Director Martin-It is the only map that I had with me tonight. I do not know where the
boundaries have changed? Nothing has happened down there in terms of conveyance of the property.
Councilman Monahan-I would assume Paul, that this would have a current up to date survey for when this
takes place.
Mr. Brewer-It would have to change..ifyou eliminated that 50' that goes down to the river..
Councilman Monahan-Plus the fact we have got to search out that 50' too, to make sure it is not any place.
Unknown-..ifI was to buy it and put a house on there I bet every law in the world would make you change
it....
Councilman Monahan-I would certainly want a current survey on that.
Ms. Horning-But, everybody that comes up to the microphone please speak up. It doesn't work, I am sorry,
thank you very much.
Supervisor Champagne-Anyone else care to speak? Mr. Beckos, do you care to say something in favor of
this?
Mr. Dean Beckos-For the record my name is Dean Beckos I am President of the Queensbury Economic
Development Corporation and if anyone wants to ask me any questions I certain will. We are a not for
profit organization formed by the Town of Queensbury in 1987. We currently are served by a nine member
all volunteer, unpaid board of directors. We meet every third tuesday on every other month and basically
our mission being chartered by the Town of Queensbury is to promote economic development within the
Town. As the active conduit to that we were approached by a developer representing a specific tenant and
who had some requirements of up to twenty acres of land. The project involves moving a manufacturing
company from another state to the Town of Queensbury the procedure will guarantee at least one hundred
new jobs in the area, manufacturing. The requirements of the process are that they do not need really any
sewer capacity other than bathrooms for the personnel working there so we went in search of land and this
is the site that we fell upon. To answer the gentlemens question Carey Industrial Park the price of an acre
there was non-competitive situation so that is why the project is not sited on that parcel.
Supervisor Champagne-Are there any further questions of Dean or the Board?
Mr. Beckos- The only other thing the current negotiations that we are under are being tenant specific in our
minds so the transaction if it does go through would be specific to this particular tenant and if that
particular situation did not occur then this project would not go forth.
Unknown-In otherwords you are saying, you are a voluntary group.
Mr. Beckos-Correct.
Unknown-You are buying this from the Town for $90,000 and then you are going to sell it to them or lease
it?
Mr. Beckos- Weare going to sell it to the developer that will sign a long term lease.
Unknown-Where did you people get, voluntarily, where did you get the $90,000 to buy this if you are
working for the Town, is that what you are saying?
Mr. Beckos-In 1987 the Town set up an industrial park on Dix Avenue, forty acres ofland, Progress
Boulevard. Over that period of time, land has been sold by the QEDC and the monies have been building
up and that's where the funding is coming from this situation.
Unknown-But, every thing we get involved in, in this County the IDA we have gotten screwed, royally and
your ash incinerator all the places we bring in with all these jobs like the ...
Councilman Caimano- Wait a minute you are way off on a tangent here, nobody is saying anything about
IDA, no body said anything...no one has said anything about IDA's or u-dags or anything like that nobody.
Unknown-Ok. But you are talking about economic development corporation right, this gentlemen said he
belongs to this
Supervisor Champagne-lam going to ask you to come up to the table please, get on the record just so we
do have a record of the discussion.
Mr. Nick Nicholson-Nick Nicholson is my name I am from the Town of Queensbury. I am just wondering
you know, that is what I am trying to figure out, you know, how do you, do you plan you have got me
confused. Why aren't we selling it to whoever these people are from out of State for $90,000. and not
having all these by-products on this thing?
Councilman Pulver-I want to say one thing the Town cannot lease land.
Mr. Nicholson-No, but you can sell it.
Councilman Pulver-Yes, but they are going to be leasing the land, they have an unusual agreement with an
individual and it is a type of agreement that the Town could not enter into.
Mr. Nicholson-Yes, but being that you know I would gather being that this organization is voluntary you
must know who it's going to.
Mr. Beckos- The company that is going to take tenancy of the property is not interested in purchasing the
property they are just interested in long term lease situation, a twenty year lease is what is being
conditioned. I think that tends to be a trend of manufacturing companies at this point in time so a developer
has come in and approached us. In other words a developer is going to construct a building and put an
asset of 200,000 square foot facility so you are talking upwards offour and a half, five million dollars asset
that would be placed on the town. The company itself is not interested in purchasing a facility or I assume
they would have come and tried to buy it themselves.
Mr. Nickleson-So, in otherwords, let me get this straight. You are like a business group and you are going
to buy this property and lease it to them.
Mr. Beckos-No, we are going to buy it and sell it the developer who is going to lease it to this company for
twenty years.
Mr. Nickleson-Who is going to pay the taxes on this the developer?
Mr. Beckos-I assume the company will. I assume the company will pay it through the lease agreement.
Mr. Nickleson-These things are sticky, I mean the hospital just pulled one of these deals down there in
Glens Falls, well, thank you.
Supervisor Champagne-Anyone else care to speak?
Mr. Tucker-Can I come again?
Supervisor Champagne-Yes.
Mr. Tucker-This land was appraised, recently?
Councilman Caimano- Yes.
Supervisor Champagne-Within the last thirty days as a matter of fact.
Mr. Tucker-One of my favorite questions, whatever we get out of this where is the money going? What
fund.
Attorney Dusek-This will be credited to the general town fund, since it was purchased with general town
monies originally.
Mr. Tucker-Thank you.
Supervisor Champagne-Any further questions? Tim?
Mr. Brewer-I am just a little bit confused. I am not opposed to the project at all, because I do not even
know what it is, but, the money the $90,000 goes back into the general fund now these people sell it and the
QEDC is part of the Town of Queensbury what happens to that money? Do they just keep building it up,
and building it up and making deals and then bottom line what happens to that money?
Attorney Dusek-They are chartered Tim, to do economic development. They are a not for profit
organization so they are not in it for profit making venture so what they will do as I understand it is when
they are re-paid this money then they will most likely re-invest it someplace else, another parcel or another
industrial development in the Town. They keep circulating that money until they reach a point where either
they do not have any or secondarily that they decide to go out of business and if they do then the money is
distributed in accordance with their corporate charter to other non-profit entities.
Mr. Brewer-How is that any fairer to the Town if the Town set this corporation up for the Town why would
they distribute it for not-for-profit organizations, why wouldn't go back into the Town general fund?
Attorney Dusek-They won't you know, the plan is of course that is only in a default situation if they were
into disillusion of some kind. I do not think it is anticipated that QEDC will ever go away they will
continue this process, they will run the grant programs they will do whatever it is that they can do in terms
of continuously encouraging development in the Town.
Councilman Monahan-Tim, you know where the Queensbury Industrial Park is on Dix Avenue, well that
was the start of QEDC, in fact QEDC was first charted as a corporation the original members of it were the
Town Board until it was up and running and then we started bring in civilians and businessmen in the
Town, I think, Fred you were one of the first outsiders that went on that board if! remember right and the
idea was as we saw businesses leaving this area we figured we had to be out there actively searching for
companies and have a spot for them that they could come to and that spot of course we made sure had
water and sewer because we figured we could make it available to people that would need a lot of both of
those and that is where AMG is now and where Valcour is the computer business
Mr. Brewer-I think they have done a great job
Councilman Monahan-and this is just another, the requirements of this company were a little different
where they need to be near the northway they need to be near some other businesses here in town because
they will be dealing with those businesses and in fact I do not think there is even, there is not enough land
left in Dix Avenue, is there anything left in Dix Avenue Dean, not much is there?
Mr. Beckos- Three acres left.
Councilman Monahan-So, it would not fulfill their requirements, land in that area of town happen to fulfill
their requirements when we went out searching for some land and this is a parcel as you well know it has
got a ravine in the middle of it and everything but there is enough there, that then can use for what they
need and you know, work their parking around and so on and so forth.
Mr. Brewer-Are they going to require water and sewer there?
Councilman Monahan-They have water, they do not require sewer.
Mr. Brewer-They don't?
Councilman Caimano-No, just sanitary sewers for as Dean mentioned just sanitary sewers for the
bathrooms.
Mr. Brewer-They are going to have a septic system or whatever.
Councilman Caimano- Yea.
Councilman Monahan-Their requirement for sewers is very low.
Mr. Brewer-I do not know how an industrial company cannot have a need for water and sewer.
Councilman Caimano-Ifit goes through you will see.
Mr. Brewer-I guess I will.
Councilman Monahan-It is a kind of a process that does not require much water or at least not the sewer
end of it anyway.
Councilman Caimano- Not that facility anyway. Yes, Mrs. Horning?
Mrs. Horning-I am just curious as far as the geology ofDix Avenue and that area, in order to put water and
sewer in you have got to dynamite.
Councilman Caimano-It is there.
Councilman Monahan-That is already there.
Mrs. Horning-It is not all in.
Councilman Monahan-Yes. ...
Councilman Caimano- Where our industrial development park is, it is.
Mrs. Horning-Well, ok, thank you.
Supervisor Champagne-Anyone else care, yes.
Mr. Akins-I have one other question. If this company goes in there, will this require another survey similar
to Hudson Pointe as far as ecology and environmental.
Councilman Pulver-It will require site plan review by the Planning Board.
Mr. Akins-Historical sites and so on.
Councilman Pulver-Yes and a SEQRA.
Mr. Akins-It is similar property to what the Hudson Pointe was looking at along the river bank, I realize
that you are not going down the river but there is a big flat down the river that is just wetlands and up on
the hill it is all big pines and very similar to what Hudson Pointe is.
Councilman Caimano-It will require site plan, SEQRA and everything else.
Councilman Monahan-They go through the Planning Board just like everybody else.
Supervisor Champagne-Any further questions? I will close the public hearing.
Councilman Monahan- I just have a couple of comments I would like to make a number one that the
Attorney check out that fifty foot right of way that we apparently don't seem to know anything about and
also as I read this I want to make sure that we are preserving our interest in a right of way to reach that
other piece of property that we own.
Attorney Dusek-That is why the resolution was worded the way it is, at the very end it indicates that there
will have to be a contract prepared by my office to be further approved by the Town Board before the
Town is bound or obligated in connection with the sale so rather than try to address all of those issues in
this resolution I thought it would be wiser to put together a contract and then just simply have you present
the contract to you for your approval.
Councilman Monahan-Ok.
RESOLUTION DETERMINING CERTAIN TOWN OWNED
PROPERTY TO BE SURPLUS AND AUTHORIZING SALE TO QEDC
RESOLUTION NO.: 144.94
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Dr. R. George Wiswall
WHEREAS, the Town of Queensbury is currently the owner of a certain parcel of land,
approximately 34 acres in size, bearing tax map no. 146-1-6, and more specifically described in a Deed
from Helen M. Merritt and G. Robert Merritt to the Town of Queensbury, dated July 28, 1968, and
recorded at Liber 513, Page 226, a copy of the same being presented at this meeting, and being intended to
be annexed to this Resolution and incorporated herein for all purposes, and
WHEREAS, the Town of Queensbury is also the owner of a parcel of land providing aright -of-
way for access and egress to the aforesaid parcel, as well as another parcel owned by the Town, the
aforesaid right-of-way being more specifically described in a deed filed at Liber 781 Page 1, and
WHEREAS, the Queensbury Economic Development Corporation has expressed an interest in
purchasing the aforesaid parcel and a right -of-way to the same, and
WHEREAS, Article 14 of the Not-for-Profit Corporation Law of the State of New York provides
that a local legislative body may, by resolution, determine that specifically described real property owned
by the Town is not required for use by the Town and authorize the Town to sell or lease such property to a
local development corporation, incorporated under the Not-for-Profit Corporation Law, and
WHEREAS, the Town Board of the Town of Queensbury recognizes the Queensbury Economic
Development Corporation as a local development corporation, incorporated under and by virtue of Article
14 of the Not-for-Profit Corporation Law, and
WHEREAS, the Town Board of the Town of Queensbury has had the 34 acre parcel appraised and
the appraised value of the property has been determined to be $90,000, a copy of the Appraisal Report
having been presented at this meeting, and
WHEREAS, the Town Board of the Town of Queensbury, in accordance with the requirement of
~ 1411 of the Not -for-Profit Corporation Law, has held a public hearing to hear all persons interested in the
proposal,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, after having held a public hearing
required by the Not-for-Profit Corporation Law, ~1411, hereby finds that its previous findings that the
parcel of land described in the preambles hereof is not suitable for landfill purposes, not needed for other
Town purposes, and is appropriate for QEDC to utilize in connection with Light Industrial development,
are still appropriate, and
BE IT FURTHER,
RESOLVED, that the Town Attorney is hereby authorized to prepare a proposed contract for the
sale of the property described in the preambles of this resolution, at a sale price of $90,000, such contract to
be further approved by the Town Board of the Town of Queensbury before the Town is bound or obligated
in connection with the same.
Duly adopted this 21st day of March, 1994, by the following vote:
AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne
NOES None
ABSENT: None
PUBLIC HEARING
PROPOSED LOCAL LAW SNOW AND ICE REMOVAL
NOTICE SHOWN
Supervisor Champagne-Proposed local law regarding sidewalks...! will open that public hearing.
Councilman Monahan-Have there been copies for anybody that wants it I wonder?
Town Clerk-They have been in my office and no one has picked them up.
Councilman Pulver-I did send a copy of this to Kathy Faucet, Kathy Faucet was the gal that originally
brought this to our attention when we had our first neighborhood meeting at West Glens Falls. Her son had
been walking home from school in the middle of the road and a truck came by and it had a hook on the
back and grabbed the his book bag and jacket and fortunately he was not hurt but they had, they had asked
for quite a while for some sort of sidewalk law to have the sidewalk shoveled. Well, we worked ahead, got
the law we got our highway dept. over there and everybody got shoveled out and then we had two foot of
snow again and I mean they shoveled and they chipped because it was ice and so forth and we are back to
the snow. But, hopefully this is going to prevent that from happening the sidewalks from building up with
snow next year and that is one of the reasons for having this law. It was requested by the citizens.
Councilman Caimano-We should talk about a couple of the things without reading the entire, the entire
law. Snow and ice shall be removed within 24 hours after the end of a snow fall or other form of winter
participation such as but not limited to sleet or freezing rain. Sidewalks in front of commercial
establishments and commercial parking lots shall be kept free of snow and ice at all times even during a
snow fall between nine and five. It talks about making sure that severe icing is taken care of but
no salt, calcium chloride, sodium chloride derivatives or other corrosive material shall be used. The people
will have four hours after notification by Town to remove the snow or ice and then if they do not do so the
Town will let them know about it and they will be, in the event it should become necessary for the Town to
arrange or cause the removal of snow or ice from the sidewalk in the Town of Queensbury when property
owners fail to remove the same following the snow storm as set forth herein or within four hours of
receiving notice from the Town the Director of Accounting Services shall promptly present to the owner or
occupant of any occupied, affected property a bill for the actual cost of removal of the snow and ice. If not
paid within thirty days the cost thereof shall be assessed against the property and become a lien thereon,
collectable upon the same manner as delinquent taxes. Owners and occupants of buildings or other
structures adjacent to public sidewalks shall prevent the falling of snow and ice or water from such
buildings upon said public sidewalks. You cannot throw snow or ice in the street any person who violates
any provision of this article shall be guilty of an offense punishable by a fine not exceeding $250.00 or
imprisonment for a term not exceeding 15 days or both.
Councilman Monahan-Nick, go back to page 4B I think that is rather interesting.
Councilman Caimano-4B The four hour notice referred to in this section shall be given by a Town Officer
or employee in writing and shall be deemed sufficiently served: a. by either personally delivering the
notice to any owner of the property adjacent to a public sidewalk as the Town may determine by reviewing
deeds on file at the Warren County Clerk's Office; or 2. By delivering the notice to a person of suitable
age, what does that mean I wonder, of suitable age and discretion at a business, dwelling place, or other
structure located upon the property adjacent to a public sidewalk; or 3. By affixing the notice to the door of
either the actual place of business, dwelling place, or other structure located on the property adjacent to a
public sidewalk; or 4. By publishing a general notice to all property owners in the Town of Queensbury in
the official newspaper for the Town of Queensbury that all public sidewalks must be cleared by a time set
forth in said newspaper notice, which time shall not be earlier than 1 :00 p.m., on the day the newspaper
notice is published. At 1:00 p.m., all property owners adjacent to public sidewalks will be deemed to have
received four (4) hours notice.
Mr. Pliney Tucker-What department is going to enforce it?
Supervisor Champagne-Why don't you come up to the mic, Pliney just so we have the record.
Councilman Caimano-Building and Codes is going to enforce it. Building and Codes is going to enforce it,
if that is the question.
Mr. Tucker-Can I go back?
Councilman Caimano- I thought it was on this number three by affixing the notice to the door I had this
vision of that little round man going around with a hammer and nails and putting notices on doors.
Supervisor Champagne-Mrs. Horning.
Mrs. Horning-I am going to be a real pain the fanny. All right, I have to leave at seven o'clock in the
morning to drive to Schuylerville to teach. I come home at close to three o'clock and all of a sudden I find
that the Town of Queensbury have been very diligent and plowed in the end of my driveway. Fine I clear it
up I am not supposed to be digging and then the Town of Queensbury very diligently comes back at ten
thirty at night and plows into my driveway again but this time it's been freezing. I really, I think that is
unfair all I get out of the Town of Queensbury as far as services are concerned are a royal case of plowing
period. Maybe twice a year we see the guy you know with the sweeper. I really feel that, my neighbors
also feel the same way.
Councilman Caimano-So, do I, but let me ask you a question.
Mrs. Horning-Yes. Sir.
Councilman Caimano- If you had to do the job or I had to do the job and we have driveways every ten or
fifteen or thirty or forty feet how could we plow the streets and lift the blade of the plow so that the snow
would not go into our driveways.
Mrs. Horning-Hey, the Town of Moreau does it.
Councilman Caimano- They do?
Mrs. Horning-Yes, they do.
Councilman Caimano-Paul, would you go to the Town of Moreau and find out how that is done?
Highway Supt. Paul Naylor-What.
Councilman Caimano- They found a way to keep the driveway clean.
Mrs. Horning-Mr. Naylor has been a really fantastic over the years and I cannot complain about my street
being plowed but when I come home at three o'clock in the afternoon and find this much snow plowed into
the end of my driveway and I am not supposed to by my doctors orders plow and dig this out, what am I
supposed to do? And then they come by at ten thirty at night just as it is freezing
Highway Supt. Naylor-I think we should sleep more and do less plowing...
Supervisor Champagne-I am really, Mrs. Horning I am sorry but we are getting off the sidewalk public
hearing issue.
Mrs. Horning-I do not feel that we are and I have put up with this for twenty two years. I am sorry, you
know, and all I get out of the Town of Queensbury basically is a large bill for my sewer and plowing
period.
Supervisor Champagne-Thank you, anyone else care to speak?
Yes, Maam?
Mrs. Barbara Pallozzi-Ridge Road, Queensbury I have part of a sidewalk on my property and I fully
appreciate and understand everything this woman just talked about. I really do not feel that it is necessary
to legislate common sense because a lot of what is in here is common sense, but there is a lot more
involved here then common sense. I think you have to look at where the sidewalks are in Queensbury,
there aren't too many. I think you have to look at what their uses are and what they have become. They
have become depositories from mega amounts of snow. I, we have always maintained our driveway and
our sidewalk to a point. I made up my mind this year on Martin Luther King Day that I would never again
touch my sidewalk. We are very fortunate this year to be plowed for the first time by the New York State
Dept. of Transportation and they are plowing Ridge Road as if they were plowing the Northway. I was
struck with that snow from head to toe, had ice in my hair, my eyebrows and my eye lashes all the way up
and down the street the mailboxes are broken and they are not broken because they have been hit by a plow
they have been hit by flying snow. If you have a fifteen or twenty inch snow fall you have that much snow
in your with the width of your sidewalk but ... also have all of that snow from the road it is on the sidewalk.
I think that is it too much to expect a property owner to maintain. We are not there to remove snow on
behalf of the State of New York. Under State Highway Law sidewalks in a Town along State and County
Roads are the responsibility of the Town in which they are situated. I have talked to several Highway
Superintendents in many towns in many counties. In order for you to get a sidewalk along a State Road
you have to pass a resolution and there has got to be all sorts of stuff in there and I have been told by
several Highway Superintendents that in order for you to get that sidewalk as part of that resolution you
have to agree to maintain the road.
Councilman Caimano-Maintain the sidewalk you mean.
Mrs. Pallozzi-Well, yes, ok. Not once, not ever in all the years that I have lived there and my house is paid
for has the Town ever maintained the sidewalk. I mean if we are going to have to do it we are going to
need your help, because we cannot be responsible for removing four feet of snow every time it snows,
because that is not what is coming out of the heavens. That stuff from the road its heavy, it is very heavy
and a lot of people are not physically capable of doing it. As I said I have talked to many, many towns
every single one that I talked too with the exception of three who claimed that they have no sidewalks
along State and County Roads maintain all the sidewalks adjacent to County and State Roads. Because the
plowing techniques are different they say that they are not capable of keeping up with DOT, some of them
do it by private contractor some of them have sidewalk plows, some of them have one piece of equipment
they said it cost $45,000 and they still cannot keep up with DOT. Have you given any consideration to the
Town maintaining the sidewalks.
Councilman Caimano- Yes. I want to get to that point.
Mrs. Pallozzi-My next question is what would it cost?
I mean we are taxpayers too and you are not plowing our roads, well I am not on a Town Road.
Councilman Caimano-Just a question, it was a shock to me too. What is the number of miles, how many
sidewalks, there are more sidewalks than you think there are, somebody has the number.
Mrs. Horning-There are not that many.
Councilman Caimano- Yea, there are. Somebody has that number. We did that when we started to think
about paving sidewalks. It turns out that there is a lot more sidewalks then we think about in the Town of
Queensbury. Somebody has that number, secondly Mrs. you mentioned something about that along the
State right of way, what did you say about the State law says that...
Mrs. Pallozzi-State Highway Law says that a Town has to maintain sidewalks along State and County.
Attorney Dusek-She is right.
Mrs. Pallozzi-And you know, there have been numerous opinions formally years ago they were written by
the Attorney General's Office they are now written by the State Comptroller's Office, it is your job. I mean,
its, that is what they state.
Supervisor Champagne-I think we understood that to be our responsibility.
Mrs. Pallozzi-Ok. If you were to pass this as written I just, I cannot resist, Mr. Dusek, did you write this
law? Did you draft this?
Attorney Dusek-Yes.
Mrs. Pallozzi-I knew a woman did not draft this, because no woman would allow you, go to 149-13.
Severe Icing. There isn't a woman that would allow anybody in their house with that stuff on their shoes. I
do not know where, I do not have ash in the house I do not have sawdust in the house and if you think sand
is going to do the job guys, did anybody have occasion to drive around the City of Glens Falls this winter
when they cried no salt? Those roads were a disgrace. If we cannot use something that is going to take
care of the ice what is the point? None of this stuff is going to work. If you get a freezing rain storm in
Long Island or Richmond Virginia they are devastated, they are paralyzed for two days, but it melts in two
days. We have got it or the duration. This stuff is not going to take care of it.
Councilman Pulver-We seem to have a double standard here.
Mrs. Pallozzi-Well, you use that stuff on your roads and obviously because you need it.
Councilman Pulver-What we are trying to do is to keep
Mrs. Pallozzi-I understand what you are trying to do and a reasonable person is going to shovel.
Councilman Pulver- the sidewalks intact so for our citizens but we want the homeowner to shovel them and
keep them clean without using any kind of material that is really going to keep it clean so we have kind of a
double standard here.
Mrs. Pallozzi-Even with some of the time constrains if you look at the driveway configurations like not
everyone has my situation but I have a hill and we have to work on that hill. The drive, the sidewalk is
going to come last. I mean it will not do any good to have a pedestrian or anyone else around attempting to
use the sidewalk because the car is going to slid down the hill and they are going to slid into the road and
that is a much more dangerous situation. I know that you say you cannot put the snow in the street and you
do not even need that language in here because that is illegal anywhere in the State of New York. Well, I
watch people around me do and what do you think they do with that stuff that is left in the bottom of the
driveways? And, if you start getting that much more snow in the streets you are going to have, nobody is
doing forty miles per hour on Ridge, they are going to be barrel, you know what, along they are going to hit
that snow and there is going to be an accident and somebody is going to get killed.
Supervisor Champagne-Well, obviously you have heard the earlier description of the child out on Corinth
Road and you know.
Mrs. Pallozzi-And I knew exactly the truck, I travel the Adirondack Northway those trucks always travel in
pairs, I have seen them almost get vehicles. I think if that child was in a cross walk with a crossing guard
that same thing probably could have happened because I see how they drive, that is reckless driving.
Councilman Caimano-But the point was, that the child could not walk on the sidewalk completely because
the sidewalk was unwalkable. That was the point.
Mrs. Pallozzi-And the point is too, if that child was on a sidewalk and that truck was going at a pretty good
clip and was close enough to the sidewalk that could have come out and still have gotten the kid. I have
seen it on the northway, I have seen them almost get the windshields of the cars behind them as they are
changing lanes. Those trucks always travel in two I knew exactly what it was when I read it in the paper.
We need your help folks, we can't do these sidewalks like this, not under the plow, not with what we are
getting.
Supervisor Champagne-I think what we are trying to do here is to take both parties that have some
responsibility for the health, safety and welfare of the towns people and in the process try to keep costs
down to the taxpayer, total Town of Queensbury paying for those few sidewalks that do appear in the heart
of the Town.
Mrs. Pallozzi-Well, then would you consider adding some language here, it says you can't put anything into
the streets, could you have a language where you cannot put anything onto the sidewalk?
Supervisor Champagne-We may want to take a look at that one, I do not know where you got that Paul,
where you cannot use calcium chloride or anything like that?
Mrs. Pallozzi-No, no, no, that is not what I am trying to say.
Supervisor Champagne-What are you saying?
Mrs. Pallozzi-Let's make sure the plow operators don't put anything on the sidewalk from the street.
Supervisor Champagne-Oh, excuse me I am sorry.
Mrs. Pallozzi -That is a little bit more difficult. You know if you look at cities they are traveling at lower
rates of speed I can remember when the county was doing it, if I was on the sidewalk shoveling they at
least had the consideration to slow down and you want to know what happens when they slow down it does
not go up and over twenty five thirty feet. But, I do not think you are going to get them to reduce their
speed, they have got schedules to meet etc.
Supervisor Champagne-Ok. Thank you.
Mr. Steve Sutton-Queensbury I think Pliney brought up a good point and that's enforcement. We run into
this with the sign ordinance all the time, I think you are opening, you say the building department is going
to take care of it. I mean are we going to be, I find the sign ordinance kind of like pitting neighbors against
neighbors, where you live in a section where you have someone who cares about the signs you do not get
away with anything. But, if you happen to live in an area where nobody really cares you can kind of do
what you want. That's, it comes down to enforcement I mean I do not see you being able to enforce. Who
is going, is it up to the neighbor to complain about the next neighbor as far as snow removal on the
sidewalks? It is an enforcement issue, I have always been frustrated with enforcement, on different?
Councilman Pulver-Are you asking us Steve if we are going to go out patroling the sidewalks?
Mr. Sutton-Yea. I mean why pass a law if it cannot be enforced?
Councilman Pulver-I do not know, are we?
Mr. Sutton-I do not see it happening.
Councilman Monahan-I see that you are going to send someone out there with a notice and their hammer
and nail and after every snow storm and start hammering the doors.
Mr. Sutton-It is not going to happen and you know that.
Councilman Caimano-Jim, you started to say something.
Executive Director Martin-I, give you a lot of man hours to do that if you want to do it every storm and
look at every sidewalk.
Councilman Pulver-Or are we just going to go out when someone calls and complains? Are we going to go
out policing it or are we just going to go out when someone calls and complains.
Mr. Sutton-Then it is arbu.....y I mean its.
Executive Director Martin-I have to be honest in reality I do not see..
Councilman Caimano-In fact though thats what happens most of the time.
Mr. Sutton-Yea. That is my point.
Councilman Caimano- The police man is not there when the robbery is taking place the fireman is not there
when the fire...the fireman is not there when, but you bring up a good point and that is the fact that we
should not pass a law unless we have a way to enforce it.
Councilman Monahan-Without being arbitrary and capricious, because then you could be taken to Court
and you are in a big fat mess.
Mr. Sutton-And at the same time not being too aggressive its, that is a tough one I think, but anyway.
Supervisor Champagne-Yes, Maam.
Ms. Kathy Fawcett-My name is Kathy Fawcett
Supervisor Champagne-Hi, Kathy, good to see you again.
Ms. Fawcett-My son was the child that was hooked. I hear these people's complaints and I can understand
them. First of all I would like to thank the County and the Town for cleaning the sidewalks that they did. I
slept a lot easier believe me.
Councilman Monahan-Kathy would you bring the microphone closer to you, because they cannot hear you
in the back of the room or even right behind you.
Ms. Fawcett-Ok. I can understand and I appreciate the law that you have on the books. My question is,
like the other people is who will enforce it. I mean, I wrote letters to the people on my street, I went to
their doors and knocked on doors and asked them to clean the sidewalks after my son was hooked. Nothing
was done until I contacted the Board. I think I spoke to just about ever member here until something was
done and it was done. But, my question is who will enforce it? If my son cannot walk down the street or
my other son cannot walk down the street who do I contact? Will something be done? By passing a law I
would love to see this law passed. But, I would also like to see it enforced.
Councilman Pulver-Well, as it stands right now, and with other things that we have if you called the Town
and made a complaint you would probably take to Mr. Martin's department and then they would send
someone out within a reasonable period of time, 24 hours or whatever because if all the men were out he
would have to wait until one came in or whatever and that would start the process of enforcing who ever it
was that was not complying to the law. What Mr. Sutton was bring up is that do we have to wait or Kathy
Fawcett to call us and say they are not complying or are we going to send someone out after every storm
and check to see that the sidewalks are done? We do have enforcement but are we going to have constant
you know, out there on our own enforcement or is it going to be enforcement after someone leads us to the
problem?
Attorney Dusek-I should just mention, you know, when it comes to enforcement just pure enforcement any
law enforcement officer of the nature of the State Troopers the Sheriffs etc. always are authorized to
enforce the code so if a complaint was made with one of them too they would have the necessary authority
to enforce it. But, as Carol indicates I think the larger issue is, how are you going to make sure that the
sidewalks are in fact clear on a regular basis as opposed to waiting for somebody to file a complaint?
Supervisor Champagne-I made a personnel visit to that area shortly after we
Ms. Faucet-Yes, I know you did.
Supervisor Champagne-I have to tell you those sidewalks were well above the six and the seven foot
height, we are talking about right there at the city, town line on Corinth Road, and probably for a good,
help me Paul quarter of a mile maybe a little beyond that there was no way that I could see anyone walking
on those sidewalks until the fourth of July. I mean that is how bad it was. As the roads narrow ok, we had
the kindergardeners walking to the elementary school I guess my personal human feeling were that
something needed to be done and fast and that was when our Town in cooperation with the County went up
there and did bail it out for us. Unfortunately, a few days later down came another foot and a half of snow I
rode back up there and we were basically in the same dilemma. Now, I feel this board has a responsibility
for the health, wealth, and welfare of our youngsters and I think as we looked at that we readily realized
that something had to be done and rather urgently. Now, maybe we are rushing into this maybe there are
some other options maybe we have got to look at cost associated with the Town, the County continuing to
do that kind of thing. We do have sidewalks that are far more critical in terms of the safety aspect then
other sidewalks and I think we probably need to recognize that. There may need to be some designated
areas, I do not know legally whether we can do that or not. I will give you another for example, the
sidewalk that goes up along Route 9 in the back of the Northway Plaza, now, there is no way you are going
to be walking on that one until the fourth of July. But, I do not know how many pedestrians go up and
down Miller Hill during the month of January, February, March? So, maybe some kind of a re-
examination of where we stack up in terms of usage may.
Councilman Caimano- W e have a couple of things going for us, first of all I think there is some excellent
questions and I think that we need to stand back a bit and one of the things that we got going for us is that it
is spring. So, we have some opportunity to think about what several of the people have said and come up
with a better law I do not like, I personally, I agree with Steve, I do not like a law that leaves hanging in
mid air who is going to look after this law? That is just not right, just as it is nice thing for us to do but it
does not accomplish anything. So, I think we ought to look at that.
Councilman Pulver-Is there a way that maybe we can just set aside and identify our critical areas and make
our law specific to the areas where the high concentration of children walking the streets because of having
to go to school. These are children that are going to Glens Falls School, live in the Town of Queensbury.
Attorney Dusek-Part of your problem is, I think it was mentioned earlier that the State and County roads
when ever you adopted resolutions in the past you have said the Town will in fact maintain those so I think
right away no matter what you do you are looking at including in your maintenance plan those particular
sidewalks because you are obligated to do that. I think what you are going to find is that you are going to
be, you still end up with almost all of the sidewalks in the Town included.
Ms. Fawcett-What I would just like to say is I know Spring is here, today is the first day of Spring
Councilman Caimano- Yes, it is.
Ms. Fawcett-I just hope that it is not just put on the books like it was with the last board nothing was ever
done. I think something has to be done I think lives are endanger you know this was a bad winter hopefully
next year it will not be as bad. But, people should be made to maintain their sidewalks I think for the safety
of other people. I just hope that now that spring is here that everybody just says well lets forget about it
until winter and then we have the problem again. I think something should be done.
Councilman Monahan-Kathy, just a question for a matter of information. After the Town and County clear
them as Fred said we got another bad snow fall, not quite as bad as one previous but still another heavy one
what happened to those sidewalks then?
Ms. Fawcett-They were not cleaned.
Councilman Monahan-Could you get through them or you had to get back to the Road again.
Ms. Fawcett-After the first experience with my son, he knows not to walk in the road, so he trudged
through it. It's better to trudge through it than to lose a limb, unfortunately.
Councilman Monahan-I am looking at that snow storm there is 30" of snow, I am looking at whoever plows
the road throwing at least another 30" on top of it of snow and ice, there is 60" which is five feet, there isn't
anybody I know unless Arnold Schwarzenegger somebody like that
Councilman Caimano-Jim Martin
Councilman Monahan-can go out and move sixty inches of snow with a shovel, there is very few snow
blowers that will get through it, and I do not really know how a private homeowner is going to address that
problem.
Supervisor Champagne-I think I hear her saying that we need to withdraw the...
Executive Director Martin-The City of Glens Falls for a couple of years took out some of their CD money
and they had a program where they went around and cleared the sidewalks of the elderly but it worked
pretty well and they did it with a private contractor and I know everyone is going to say well then we are
paying you know for the benefit of a few the whole town is bearing the burden but you are going to have
the same problem if you have the responsibility of the people and then you have to have enforcement time
and money sent enforcing that you are still going to be spending the money of the general fund for the good
of the few. What about going out for a private contract, a contract was written the snow had to be cleared in
so many hours after the storm ...
Councilman Monahan-You know what I would like to see first is a map of this town with all the sidewalks
marked on it.
Councilman Caimano-I know we heard something like twenty miles of sidewalks.
Councilman Monahan-I would really, I do not think we have done an inventory I do not think we have a
map I do not think we have the distance between the sidewalk and the road or the street in otherwords is
there any land inbetween for the snow to land on or is it all going into the ..
Councilman Caimano-Ifwe withdraw it, what I guess what I do not want to do is to disappoint Kathy either
if we withdraw it I think we should put a dead line on when we are going to have an answer for this thing.
Councilman Monahan-We do not have to withdraw it we can
Councilman Caimano- W e just do not vote tonight.
Councilman Monahan-Just don't act on it that is all...
Unknown-Table...
Councilman Caimano- Thank you. Thank you very much guys, I really appreciate their help.
Councilman Monahan-You could have the public hearing, close the public hearing.
Ms. Fawcett-Could I ask one thing?
Supervisor Champagne-Sure.
Ms. Fawcett-How long will it be tabled for?
Councilman Caimano- That is what I just said, that is what we are trying to decide. I don't want to do what
you suggested might happen.
Councilman Pulver-Probably just until we can get some more information, maybe speak with a private
contractor to see what the cost would be, speak with our Highway Supt. and rattle his brain and see what
kind of ideas he has if the town has to take it over, how much equipment are we going to need Mr. Naylor.
There are sidewalk plows, you know, so we will have to look into that.
Councilman Caimano-We will not let it go forever.
Supervisor Champagne-In fact I would ask you to call our office in another three to four weeks.
Councilman Pulver-The worst is over Kathy the law is written, the law is here we just haven't acted on it.
So, it is just a question on now of satisfying everybody.
Mr. Nick Nicholson-I already told, the most important thing
Supervisor Champagne-Your name again please, for the record.
Mr. Nicholson-I have to tell everytime? Nick Nicholson, still in the same town, the lady is right the most
important thing we have in town there are people. But, to answer the problem, laws always restrict and the
more laws that these towns and you people make all you are doing you are putting a burden on your own
people. Answer the problem don't make laws, and as far as this I do not know if our man that runs our
roads, but he does a hell of a job and he lives up my way and that is why I think he does a hell of a job but
Councilman Caimano-Would you like to serve on a committee to help us answer that problem?
Mr. Nicholson-No, well I would be glad to give you what I am telling you right now, I personally think that
her boy is worth everything and I raised nine kids in this Town and I do not have sidewalks I do not have to
worry about any of your restrictions but you will restrict by making laws. And why not, and I do not know
if I am for contracting it I would be more rather to pay a few more dollars if it was any too great I would
like to look at the numbers and I do not know if he would be willing to do it but like you are saying on the
State ones you have got to do anyway, really if you want to get right down to it. This lady here she is right.
All the State ones we got on Ridge Road and Bay Road by law you have got to do them anyway.
Councilman Monahan-I think people are mis-confusing something. It is my understanding by this law
what we are saying, we are turning our duties on State and Town highways over to the individuals that live
along them. Am I correct in that?
Mr. Nicholson-You cannot do that.
Attorney Dusek-All sidewalks
Councilman Monahan-All sidewalks no matter what kind of a road runs down there.
Mr. Nicholson-If we are talking about going up the Corinth Road, you know possibly the Corinth Road
does fall under and other roads that you are saying, so I am sure you have got some places that we have to
take care of.
Councilman Monahan-The law says we have to do
Supervisor Champagne-Wait a minute Betty.
Councilman Monahan-Paul wants to say something.
Highway Supt. Naylor-Wait until he gets done.
Mr. Nicholson-That is all he has got to say.
Paul, do you think this thing would be too massive a thing or what?
Highway Supt. Naylor-Yea. We can't...
Mr. Nicholson-But you throw the snow, you know what these people are saying is the truth, Paul, on a bad
year like this, truthfully now, you know where I live, hey listen I have a snow blower and I have got a big
one I got an eight horser and when you guys fill my yard I am telling you I cannot blow it out of there.
Highway Supt. Naylor-You are right. We live just between highways and that's what it is all about.
Mr. Nicholson-And you do a good job.
Highway Supt. Naylor-Yea. But, that is the end of it, see, when you talk about if you are going to tell them
the rest of the story, right about sidewalks and the law, it becomes under the general fund, any Town Board
Member like certain individuals in the back ok'd sidewalks when they ok sidewalks they ok to maintain
them, that does not mean it is a highway maintenance ...the town. The Town has to maintain them and it
comes out of your wallet and you do not have a sidewalk I do not have a sidewalk we have got to pay, now
the folks that has got sidewalks in front of their house, maybe they do not even walk on them but they are
supposes to pay for it. Maybe you have got to have a sidewalk district maybe the folks in that district they
have got to pay for it. Maybe the resolution has got to be done.
Mr. Nicholson-So, you would rather have a law drawn up so that some little old lady that cannot clean the
sidewalks. .
Supervisor Champagne-Wait a minute guys we cannot get into an argument, one person to a microphone at
a time please.
Highway Supt. Naylor-We got street lights out there that we pay for
Mr. Nicholson-Yea, that is the way to go.
Highway Supt. Naylor-That is what I am saying.
Supervisor Champagne-It is not good to have a conversation between two people here we are going to have
one person speak at a time and you are going to have to wait your turn maam.
Highway Supt. Naylor-You have got a light district we all pay for the lighting district, there is a lighting
district, each district pays for their own lights if you do not have lights you do not pay do you? That might
be a way to do it.
Mr. Nicholson-Yes, I think there are alternative plans out there.
Supervisor Champagne-I think that is what we need to look at.
Eileen Horning-I am sorry
Supervisor Champagne-Your name please for the record.
Eileen Horning-Eileen Horning, I live on Broadacres Road, I have been paying Seventy Bucks a year for
lights that we do not have, not even at intersection.
Supervisor Champagne-Again, let's just stick to the issue which is...
Eileen Horning-Now, as far as sidewalks are concerned my sidewalk was put in, in 1934 four years ago
because it disintegrated I had to pay nine hundred dollars to pay for seventy feet of sidewalk because the
Town of Queensbury said oh, we do not have enough sidewalks in the area to declare a sidewalk
commission, now that hurts.
Supervisor Champagne-We appreciate that.
Eileen Horning-It hurts, and then we get into sewers, that is the other thing. I pay five hundred dollars a
year for that.
Supervisor Champagne-Where are we with the sidewalks?
Councilman Caimano-Needs more work.
Supervisor Champagne-It is the opinion of the Board that we close the public hearing we will not take a
vote on sidewalks tonight but rather we will table them and you can come back in another month or so and
I am sure you will hear more about sidewalks. Thank you.
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO. 145.94
INTRODUCED BY: Mr. Nick Caimano 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 February
28, 1994.
Duly adopted this 21st. day of March, 1994 by the following vote:
AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne
NOES: None
ABSENT: None
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 3, TO BE ENTITLED "ADVISORY BOARDS",
WHICH CHAPTER SHALL PROVIDE FOR THE ESTABLISHMENT OF
ADVISORY BOARDS FOR THE PURPOSE OF
ACTING IN AN ADVISORY CAPACITY TO THE TOWN BOARD
OF THE TOWN OF QUEENSBURY
RESOLUTION NO. 146.94
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
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 3, to be entitled "Advisory Boards", which Chapter shall provide for the
establishment of advisory boards for the purpose of acting in an advisory capacity to the Town Board of the
Town of Queensbury, and
WHEREAS, such legislation is authorized pursuant to the 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 4th day of April, 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 21st day of March, 1994, by the following vote:
AYES
Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne
NOES
None
ABSENT : None
Discussion held-Attorney Dusek-That particular local law would authorize the Town Board to establish by
resolution anytime basically that they see fit in connection with an action or an issue or a function or a
project of the Town to set up an advisory board to assist them in terms of providing them with information,
giving them opinions getting basically a group of people together that might research and provide
information to them regarding whatever the topic maybe. That board would not have any town authority
they could not bind the town in any fashion would strictly be advisory or serve an advisory capacity to the
Town Board. The local law in addition sets up, how the board will be established in terms of number of
members that would be left to the Town Board discression officers voting rights terms of office
qualifications. Basically, and it also sets the procedures for the Boards how they should function in terms,
they have to give public notice their meeting have to be open etc. Number of other things, written minutes,
things that you might normally expect that a committee would follow. It provides for that the Board
Members would serve without pay although out of pocket expenses for photo copies, postage, whatever
could be paid by the Town but it would only be after Town Board approval and it provides for removal of
Board Members as well as abolishment of the Board if and when that should be necessary because its
function is no longer needed or it has completed its purpose. It is just a general authorizing statue with
guidelines set up if you will for Boards. Once this is passed the Town Board would then be free to set up
advisory committees on topics of its choice.
RESOLUTION TO AMEND 1994 BUDGET
RESOLUTION NO.: 147.94
INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
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
ATTORNEY:
RESOLVED, that the funds be transferred as follows, for the 1994 budget:
FROM:
01-1420-1890
(Conf. Legal Secretary)
01-1420-4050
(Books, Pubs. &
Subscriptions)
01-1420-4400
(Misc. Contractual)
CEMETERY:
FROM:
002-8810-4400
(Misc. Contractual)
WATER:
FROM:
40-8330-2001
(Misc. Equip.)
40-8340-4240
(Repair Parts)
40-8320-2899
(Capital Constr.)
and
BE IT FURTHER,
TO:
01-1420-1890-0002
(Conf. Legal Secretary
Proj - Overtime Earnings)
1,000.00
01-1420-2032
(Computer Software)
1,050.00
01-1420-2010
(Office Equipment)
400.00
TO:
002-8810-2899
(Misc. Capital Construction)
1,940.00
TO:
40-8310-2010
(Office Equip.)
1,000.00
40-8340-4810
(Equipment Rental)
1,000.00
40-9950-9098
(Transfer to Plant
17,400.00
Expansion Capital Project)
RESOLVED, that the 1994 Town Budget is hereby amended accordingly.
AMOUNT:
AMOUNT:
AMOUNT:
Duly adopted this 21st day of March, 1994, by the following vote:
AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING SALE OF SCRAP METAL
RESOLUTION NO.: 148.94
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the sale of
scrap metal located at the Town of Queensbury Landfill, and
WHEREAS, a set of Bidding Documents including a Notice to Bidders has been presented at this
meeting which documents provide for the advertisement for sale of such scrap metal and also provide for a
Bid Proposal, Non-Collusive Affidavit and Contract of Sale,
NOW, THEREFORE, BE IT
RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Clerk to
advertise the Notice to Bidders presented at this meeting and the said Town Board of the Town of
Queensbury hereby further approves and authorizes the use of the Bidding Documents including the
Contract of Sale presented at this meeting, and
BE IT FURTHER,
RESOLVED, that any funds obtained from the sale of said scrap metal shall be deposited in the
Landfill Operations Account.
Duly adopted this 21st day of March, 1994, by the following vote:
AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING THE RETENTION OF HUDSON ENVIRONMENTAL
SERVICES, INC. FOR WATER TESTING AND SAMPLING AT THE
TOWN OF QUEENSBURY LANDFILL
RESOLUTION NO.: 149.94
INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, it is necessary for the Town of Queensbury to arrange for water testing of wells
situated at the Town of Queensbury Landfill at Ridge Road, and
WHEREAS, the Landfill Superintendent, James Coughlin, has previously solicited quotes for the
testing of the wells and waters at the Landfill from three different companies, and
WHEREAS, Mr. Coughlin advises that Hudson Environmental Services, Inc., was the company
which provided the lowest quote,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves the retention of
the services of Hudson Environmental Services, Inc., for the purpose of water sampling and testing as may
be required at the Landfill at a sum not to exceed $10,000.00, to be paid for from Account No.: 92 8160
4400, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is hereby authorized to make such arrangements as may
be necessary to carry out the purposes and intent of this resolution and should it be necessary for the Town
to execute any particular agreement with regard to this service, that the same shall be in a form to be
approved by the Town Attorney.
Duly adopted this 21st day of March, 1994, by the following vote:
AYES : Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne
NOES : None
ABSENT: None
Discussion-If for anytime during the year we should see a reason for changing to a different lab I am
assuming we can because this is not for any particular length oftime...Attorney Dusek-The resolution
indicates that you cannot exceed $lO,OOO...you are free to set the time frames...(it was agreed to leave the
time frame open)
RESOLUTION AMENDING POLICY REGARDING TOWN AUTOMOBILE USE
RESOLUTION NO.: 150.94
INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Board of the Town of Queensbury, previously adopted by resolution no.
28, 92, a policy concerning the return of Town automobiles to Town offices at the end of each workday,
and
WHEREAS, the Town Board of the Town of Queensbury has reviewed that policy as it applies to
particular departments and finds that good and sufficient reasons exist, including the need and timing of
visits to pumping stations, for the Superintendent of Waste Water to have immediate and regular access to a
Town vehicle,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the
Superintendent of Waste Water to take the Town vehicle assigned to him, home at the end of the workday,
and on weekends, so that he may be able to use the same when he visits the pump station or is called out on
an emergency situation concerning the sewer pump station, and
BE IT FURTHER,
RESOLVED, that the aforesaid policy is revised to the extent of providing the exception set forth
herein.
Duly adopted this 21st day of March, 1994, by the following vote:
AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
Discussion-Councilman Caimano-About a year ago we took the cars and parked them in the lot at night
under res. 28 of 1992 the waterwater Supt. was using his own vehicle at his own expense to do work that he
has to do for the Town, for example during the weekend on Saturday and Sunday he does testing, it is
apparent that it was costing him money and he never even put in for mileage...we felt it was a reasonable
request... Supervisor Champagne-noted he needs to be in communication from the location of the testing...
RESOLUTION AUTHORIZING DISPOSAL OF ROAD SAND
RESOLUTION NO. 151.94
INTRODUCED BY: Mr. Nick Caimano MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Highway Superintendent sweeps roads each year and collects therefrom
sand, which the Town Highway Superintendent advises has generally no further use for winter sanding, and
WHEREAS, the Town Highway Superintendent has also reviewed with the Town Board the cost
of trucking the sand to disposal locations and advises that the most economical solution to the Town is to
dispose of the sand at the nearest possible place, since the same has no value and the Highway Department
is incurring costs for manpower and trucks in delivering the sand to particular locations,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby determines that, unless the
sand is needed for particular Town purposes, which, at this time, the Town Board determines it is not, it is
obsolete material and has no appreciable market value and that it is in the best interest of the Town to
dispose of it at the nearest point of collection and authorizes the Town Highway Superintendent to dispose
of such sand at the nearest point of collection, even if it means giving it to private individuals or
corporations, so long as the places where the individuals or corporations want the same disposed is the
closest place to where the sand has been collected, and
BE IT FURTHER
RESOLVED, that the Town Highway Superintendent shall obtain a release from any property
owner upon which sand is disposed of before disposing the same on the property, which release shall be in
a form substantially similar to the one presented at this meeting.
Duly adopted this 21st day of March, 1994, by the following vote:
AYES
Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne
NOES
Mrs. Monahan
ABSENT: None
RESOLUTION NAMING DELEGATE AND ALTERNATE
TO THE ADIRONDACK ASSOCIATION OF TOWNS & VILLAGES
RESOLUTION NO.: 152.94
INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Fred Caimano
WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 125,94, adopted a
resolution authorizing the Town of Queensbury's membership with the Adirondack Association of Towns
and Villages, and
WHEREAS, it necessary to name a delegate and alternate to said Association,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby names Councilwoman
Betty Monahan as the delegate and Councilwoman Carol Pulver as the alternate, to the Adirondack
Association of Towns and Villages.
Duly adopted this 21st day of March, 1994, by the following vote:
AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING INTERFUND ADVANCES
RESOLUTION NO.: 153.94
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
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 98 - Water Treatment 2,000.00
Fund Plant Expansion CP
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 21st day of March, 1994, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADDITIONAL PETTY CASH
AT TRANSFER STATIONS
RESOLUTION NO.: 154.94
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Dr. R. George Wiswall
WHEREAS, James Coughlin has requested permission to add an additional $20.00 to the petty
cash drawer at each of the Transfer Stations,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes petty cash at
each of the transfer stations to be kept at a level of $45.00, and any Resolutions previously establishing
petty cash for the Transfer Stations is amended accordingly.
Duly adopted this 21st day of March, 1994, by the following vote:
AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION OF TOWN BOARD TO BE
DESIGNATED AS LEAD AGENCY AND AUTHORIZING PREPARATION OF
PERMIT APPLICATIONS IN CONNECTION WITH
WATER TREATMENT PLANT EXPANSION PROJECT
RESOLUTION NO. 155,94
INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Board of the Town of Queensbury is presently considering an expansion of
the Water Treatment Plant servicing the Queensbury Consolidated Water Districts and other water districts
located within the Town of Queensbury, as well as providing some water to some outside communities and
plans, at a future date, to set a public hearing to commence the procedure to allow the authorization for the
project, and
WHEREAS, the Town Board of the Town of Queensbury directed the preparation of and has
received a Map, Plan and Report concerning the Water Treatment Plant Expansion and a proposed
completed Part I of a Full Environmental Assessment Form relative to the proposed Water Treatment Plant
Expansion, and
WHEREAS, it would appear necessary to conduct an environmental review of the proposed
action, consisting of a Water Treatment Plant Expansion, as well as certain other improvements to the
Queensbury Consolidated Water District, as more fully set forth in the Map, Plan and Report previously
described hereinabove, and
WHEREAS, it would also appear appropriate to commence the process of filing applications for
permits that will be required from various involved agencies,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby describes the proposed
action as follows:
The proposed action includes the expansion of the Town of Queensbury Water Treatment
Plant to 15,000,000 gallons per day; the construction of a 1,000,000 gallons pre-stressed concrete water
storage facility; and the installation of a 16 inch ductile iron water transmission main along 1,600 feet of
Gurney Lane Road, from West Mountain Road to a point of connection with an existing main at New York
State Route 9. The existing intake and raw water transmission pipeline were sized for 15,000,000 gallons
per day and will not be effected by the proposed modification. A zebra muscle control pipeline (one inch
diameter) will be constructed from the existing intake location to the existing raw water pumping station.
(An expanded project description is included as attachment 1 - expanded project description and annexed to
the documents presented at this meeting.)
, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the Water
Districts in the Town of Queensbury that will be effected by the Water Treatment Plant Expansion are as
follows: The Queensbury Consolidated Water District, Sherman Avenue Extension Water District, Peggy
Ann Road Water District, Easy Street Water District and Hiland Park Water District, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the Village of
Hudson Falls will be cooperating with the Town and contributing toward the capital cost of the plant,
receiving an interest in the plant and thereafter being provided water by the new Water Treatment Plant
Facility, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby determines: (a) The
proposed action is subject to SEQRA; (b) A Federal Agency is involved - The Army Corps of Engineers;
(c) In addition to the Army Corps of Engineers, the action will involve the following agencies: the Town
Board of the Town of Queensbury, on behalf of the Town and the water districts situated therein, New
York State DEC, New York State DOT, New York State DOH, and Village Board of the Village of Hudson
Falls; (d) The preliminary classification of the action should be a Type I under the New York State
Department of Environmental Conservation Regulations implementing SEQRA, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it would
desire to be lead agency in connection with a coordinated review pursuant to the State Environmental
Quality Review Act, and hereby authorizes and directs the Town Attorney to send a letter to all involved
agencies which shall describe the project as set forth in this Resolution, enclose a copy of the Map, Plan
and Report on the Water Treatment Plant Expansion, a copy of Part I of the Full Environmental
Assessment Form, a copy of this Resolution, and indicate that the Town Board desires to be lead agency
and that a lead agency must be designated within 30 days, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby also authorizes the
completion of the initial applications to New York State DEC, DOH and DOT and other permitting
agencies for permits and hereby directs the Superintendent of Water to prepare such applications with the
assistance of O'Brien & Gere Engineers and hereby further authorizes the Town Supervisor to execute the
same on behalf of the Town of Queensbury and place the seal of the Town of Queensbury on the same if it
should be necessary and provide any other documentation or information that should be necessary or
requested by the permitting agencies.
Duly adopted this 21st day of March, 1994, by the following vote:
AYES : Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES : None
ABSENT : None
Discussion-Attorney Dusek-The original map, plan and report was well as the EAF on file...
RESOLUTION AMENDING RES. 138, 94 CONCERNING
RETAINING THE PROFESSIONAL SERVICES OF MS. LA VERNE F AGEL
RESOLUTION NO.: 156.94
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 138,
94 to retain the professional services of Ms. LaVerne Fagel, said services to be paid for from the "Town
Engineering Account," and
WHEREAS, the Town Board of the Town of Queensbury desires to amend said resolution such
that the services should be paid for from the "Landfill Closure Project Fund,"
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 138,
94, to read as set forth hereinabove.
Duly adopted this 21st day of March, 1994, by the following vote:
AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION MODIFYING TRANSFER STATION RATES
RESOLUTION NO.: 157.94
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
WHEREAS, the Town Board of the Town of Queensbury currently operates, owns, and maintains
two Transfer Stations, one located on Ridge Road and one located on Luzerne Road, in the Town of
Queensbury, and
WHEREAS, the Town Board, after review of operating costs and actual and anticipated revenue,
and in an effort to balance anticipated costs and revenues, feels it must raise the rate at which particular
items of solid waste will be accepted for disposal at the transfer stations, and
WHEREAS, pursuant to the Town Law of the State of New York, the Town is authorized therein
to manage the affairs of the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, effective April 4, 1994, hereby
amends the rates charged for solid waste delivered to the Town of Queensbury Transfer Stations as follows:
Old Proposed
Item Price New Price
o to 16 Gallon Bags $1.00 $1.50
17 to 32 Gallon Bags 2.00 2.50
Per Mattress 5.00 6.00
Per Box Spring 5.00 6.00
Per Couch 5.00 6.00
Old Proposed
Item Price New Price
Per Large Chair 5.00 6.00
Compost (per load) 3.00 4.00
(per bag) .50 .50
(maximum 32 gal. bag)
(not to exceed $4.00 per load regardless of number of bags)
Scrap Metal (per item) 2.00 3.00
Per Tire 2.00 3.00
Burnable for Compactor,
per Cubic Yard (CY) 13.00 15.00
and
BE IT FURTHER,
RESOLVED, that other than as indicated, the rate structure for the use of the Town of Queensbury
Transfer Stations shall remain the same as last established and/or modified by the Town Board of the Town
of Queensbury.
Duly adopted this 21st day of March, 1994, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne
NOES None
ABSENT: None
Discussion: Supervisor Champagne-For the record, our goal here is to balance the budget in our transfer
station operation and as we have done our projections it appears that these prices with our expenses
compared to our revenues should very much bring the transfer station operation to a zero, zero budget end
of the year. (vote taken) Councilman Monahan-In that same vein I think we should also explain that's
why the transfer stations will only be open three days a week now, alternating days between Ridge Road
and Luzerne with both stations open Saturday and no one open on Monday.
ATTORNEY MATTERS
Town Attorney Dusek-Requested Executive Session - matters in litigation, assessment matters and matters
leading to the hiring of a particular firm or person.. .
Circulated to members the certificate of amendment to the corporation for Bay Ridge.. to have it signed by
the Board.
Executive Director Martin-Requested Executive Session-retaining of individual
OPEN FORUM
Mr. Bob Edwards-I live in Queensbury, Mrs. Pulver's District...Two problems dealing with animals... 1.
need direction from the Board-Next door neighbor 35 Main Street, bats in the attic of the house...re: rabies
this could be a health hazard.. .
do I have an legal recourse in this...
Attorney Dusek-My advice to the Board would be to refer this first to the Animal Control Officer to see if
we can work with the neighbor and get cooperation, if we cannot then contract DEC to make sure they
don't have any particular regulations that we must follow then the matter could be addressed as the Board
of Health...
Executive Director Martin-Questioned where Mr. Edwards lived...
Mr. Edwards-37 Main Street...
Councilman Monahan-Spoke on the difficulty of removing bats from a house...
Councilman Pulver-Requested that Mr. Martin contact the Animal Control Officer to see Mr. Edwards...
Mr. Edwards-Spoke to the Town Board regarding Stray dogs...! have spoken to Colleen Kimble...noted he
was concerned about walking his dog, a number of dogs running at large...questioned what the laws are in
the Town regarding the control of pets...
Councilman Pulver-Reviewed the Town's leash law.
Mr. Edwards- I do not like the idea of having a dog free at any point.. . noted he had a fence built for his
dogs...would like to see something done for the DCO so she can get out to places...
Councilman Pulver-Noted there is a whole procedure for picking up a stray dog...noted the law is not to
allow the dogs to run loose the dogs are to be under the owners control at all times.
Councilman Monahan-We can ask Ms. Kimble to cruse the streets over there so the van is more seeable to
the people...
Mr. Edwards-Noted he had a problem getting to Ms. Kimble on the weekend.
Executive Director Martin-Noted that he will contact the Sheriffs Office and see what the problem is.
Supervisor Champagne-Suggested the Mr. Edwards log every time he see a dog running at large, day and
time... useful if it goes to court.
Mr. Steve Sutton-Qsby. Concerned about the safety on Gurney Lane, requested that lines be painted in the
middle of that road...
Councilman Ciamano-We have got to get some money for him (Highway Supt.) this year to do it.
Mr. Nick Nicholson-re: Resolution for Sand, is that the one that your were talking about last week?
Supervisor Champagne-Yes.
Highway Supt. Paul Naylor-I have complaints on Richardson Street, you will be getting in the next few
weeks is probably from the Board up at the County Sheriffs Dept.!Traffic Advisory Board they probably be
sending down to ask you to pass a local law, either to have no parking on one side of the street or no
parking on both sides of the street.
Councilman Monahan-Questioned if that was because of parking for the Feeder Canal?
Highway Supt. Naylor- VFW.
Attorney Dusek-You will need a local law...
Discussion held- it will be on one side of the street...
Mr. Jack Cushing-re: Sidewalks...noted that previously in a Town he lived in had a law and the Town was
sued for not cleaning the sidewalks in front of their property.. .requested that the Town make a survey of
how this would effect the Town of Queensbury.
Discussion held-suggested that Mr. Martin and Mr. Naylor work on a list of where the sidewalks are
located.
Councilman Caimano-Noted that Mrs. Eileen Horning has a problem with her sewer tax, requested that
Mrs. Howe contact Mr. Shaw to look at her sewer tax bill, she said it doubled.
Councilman Pulver-Requested that Dr. Wiswall contact Mrs. Horning regarding her lighting complaint.
Councilman Caimano-Noted there is a lighting district where Mrs. Horning lives, all she is asking for is
that we put lights on some of her corners. I had the opportunity to stand in for the Supervisor at the Girls
Basketball tournament to give out awards, I am concerned that the Town of Queensbury after 1995 at the
Queensbury High School will lose this tournament, there is strong talk that they will be looking other
places, they would rather have the prestige of a college to play in or Civic Center, it would be unfortunate if
our area lost either one of these basketball tournaments and I encourage you to set up a committee
immediately to work with both the City and I think you are already working with Mayor DeSantis on
working with these people to try and keep these tournaments here. There is more than just money
involved there it has been here a long time. The Girls tournament is a well attended tournament and run
very well. I also would like to see us send a note of gratitude to the volunteers who work all kinds long
hours to make certain the girls tournament and I am sure the Boy's tournament too go off very smoothly. It
is a well run organization and it is done solely by adult volunteers from the School, from the community
and they deserve our praise, and our thanks as a Town. We have to do something to keep that tournament
here.
Councilman Monahan-I think Betty Little is working also on that...noted it was a positive to keep both in
the same area for the families that have both children participating...
Councilman Caimano-Questioned when we are going to take up the renovations to the Highway Garage...
Supervisor Champagne-During Workshop session.
Councilman Wiswall-Spoke to the Board regarding a traffic problem at the corner of Glenwood and Bay
Road...noted an accident that happen recently there...spoke about the problem with visibility when the local
business piles snow up at the intersection...or the rock garden in summer or during the fall, election
signs...Requested that the Town contact the County to do something about the intersection...
Attorney Dusek-I. some of your concerns regarding the intersection would have to be applied Town wide
not just to the particular site...such as a campaign sign being at the intersection if you feel that was blocking
traffic I think that would be addressed by making a regulation a part of your sign ordinance that says you
cannot have any signs within so many feet of an intersection...re: snow piling, if that is a concern you
would have to address that in a town wide basis saying at intersections property owners will not pile up
snow such as to block traffic...2. perhaps a traffic engineer could make suggestions as to how to make the
intersection better...
Councilman Wiswall-Is the Town going to do anything about this?
Attorney Dusek-If you would like something addressing the signs and the snow that would come from the
Board as a direction to me to prepare a law if you would like...re: County, Fred being your representative
would be the one that would take it up with the County as far as engineering of the intersection.
Supervisor Champagne-The first thing would be to identify the accident rate at the intersection...! guess it
would be in our best interest to contact the County and further study it...
Executive Director Martin-Spoke about the closing of W oodvale would alleviate some of the traffic... I
will see Fred Austin this week and I will mention it to him...
Mr. Jack Cushing-Noted he would hate to see Woodvale close...
Councilman Pulver-I would like it to be on the record that one of our citizens took the time to send a letter,
Karen and Lewis VanDeneous I think it is to compliment our water department on thawing their frozen
pipes during the winter...
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION NO. 158.94
INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION, SECONDED BY: Mrs.
Carol Pulver:
RESOLVED, that the Audit of Bills that appears on Abstract dated 3/21/94 and numbered 94088600
through 9412150 and totaling $2,385,169.83 be and hereby is approved.
Duly adopted this 21st. day of March, 1994 by the following vote:
AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne
NOES: None
ABSENT: None
ABSTAIN: Mr. Caimano on vendor 0127
Discussion held before vote: Mrs. Monahan-( during vote) I am a member of the Glens Falls Historical
Association that supervises the Champman Museum but I am only on the advisory board.
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 159,94
INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to
discuss one matter concerning contract, and a matter of personnel, Assessment litigation, five matters
leading to the possible appointment of individual firms.
Duly adopted this 21st. day of March, 1994 by the following vote:
AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES; None
ABSENT: None
RESOLUTION ADJOURNING FROM EXECUTIVE SESSION
RESOLUTION NO. 160.94
INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
RESOLVED, that the Town Board hereby adjourns from Executive Session and moves back into Regular
Session.
Duly adopted this 21st. day of March, 1994 by the following vote:
AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION TO RETAIN SERVICES OF CREIGHTON MANNINGS ASSOCIATES
RESOLUTION NO. 161.94
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury is desirous of hiring a traffic engineer to study
traffic configurations and road configurations at the Weeks Road, Route 9 Intersection,
NOW, THEREFORE BE IT
RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to retain
the services of Creighton Mannings Associate at a cost not to exceed $3,000. to be paid for from the
appropriate Planning Special Projects Account, and the written agreement for the services of Creighton
Mannings Associates shall be in the form approved by the Town Attorney.
Duly adopted this 21st day of March 1994 by the following vote:
AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING PLANNING BOARD TO RETAIN ATTORNEY
RESOLUTION NO. 162.94
INTRODUCED BY Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Planning Board for the Town of Queensbury has requested the Town Board of the Town
of Queensbury appropriate funds to allow for an attorney to service the Planning Board, and
WHEREAS, Town Law Section 271 provides that the Town Board is authorized and empowered to make
such appropriations as it may see fit for Planning Board expenses,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Planning Board to
retain the services ofMr. Mark 1. Schachner for a three month trail basis, to end June 30th 1994 and to be
paid for from the appropriate Planning Account, and be it further
RESOLVED, that this authorization is contingent upon the fee arrangement being consistent with the terms
and provisions of the retainer agreement submitted at this meeting, and be it further
RESOLVED, the Town Supervisor is hereby authorized to execute the aforesaid agreement.
Duly adopted this 21st. day of March, 1994 by the following vote:
AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION TO RETAIN SERVICES OF FITZGERALD, MORRIS, BAKER AND FIRTH
RESOLUTION NO. 163.94
INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Attorney has discussed with the Town Board the need to hire an outside firm to
assist with various research projects,
NOW, THEREFORE, BE IT
RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Attorney to retain
the services of Fitzgerald, Morris, Baker and Firth to assist on certain projects for research, drafting
contacts, etc. to be paid for from the Attorneys Contractual Account and with the further understanding that
the matter shall be reviewed with the Town Board at the end of three months.
Duly adopted this 21st. day of March, 1994 by the following vote:
AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION ADJOURNING TOWN BOARD MEETING
RESOLUTION NO. 164.94
INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
RESOLVED, that the Town Board hereby adjourns its Town Board Meeting.
Duly adopted this 21st. day of March, 1994 by the following vote:
AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne
NOES: None
ABSENT: None
On motion the meeting was adjourned.
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury