1995-09-11
TOWN BOARD MEETING
SEPTEMBER 11, 1995
7:00 p.m.
MTG.#50
RES. 477-496
TOWN BOARD MEMBERS
Supervisor Fred Champagne
Councilman Betty Monahan
Councilman Theodore Turner
Councilman Mrs. Connie Goedert
Councilman Carol Pulver
ATTORNEY PAUL DUSEK
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN PULVER
Supervisor Champagne-Noted that there was a letter to the editor from the Chronicle that indicated that we
would be talking about Round Pond this evening...asked by raising of hands how many are here for that
topic...will move this into open forum
PUBLIC HEARING
PROPOSED LOCAL LAW AMENDING PARKING ON A PORTION OF GLENWOOD AVENUE
NOTICE SHOWN
Supervisor Champagne-Is there anyone here either for or against parking on Glenwood Avenue.
Councilman Monahan-Fred I think they need to know first what this does because I did not understand it
when I first read it.
Supervisor Champagne-Jim do you want to give us a little background on this one or Paul?
Attorney Dusek-Yes, just very briefly, if the Board will recall a short time ago you put, or passed a local
law which provided for no parking on Glenwood Avenue in that law it provided that the highway
superintendent would post the signs, it came after that about a month or so after that I think it was, it came
to everyone attention that the County would actually put up the signs for that because of the nature of the
road. So, as a result so that Paul Naylor and the Highway Dept. did not bear any liability or responsibility
for signs it was my recommendation that this be deleted from the law so the only thing this does is to delete
the responsibility of Paul Naylor to put up the signs. It leaves the law itself intack.
Supervisor Champagne-Now, with that, now we know.
Rudy Tramposch-I live at 39 Glenwood Avenue which is directly across the, where the bridge is going to
the pond. We see all the activity there. This past spring they stocked the pond with trout and we had cars
parked both sides of the road that it was a one lane road after that. The Sheriffs Dept. was there twice and
made the cars move and shortly after they came back. It is not much of a shoulder so they park them on
your lawn and litter and everything else and it's a dangerous thing but cars could not go thorough two at a
time so it is really a hazard. So, I think they should have no parking along Hovey Pond there and at least
the three homes, one home on either side you should have no parking along there because we get the brunt
of it. We have tried to keep our place nice we put the flowers on across the pond along the fence there and
you know you get people trample on your lawn and litter and everything else and I think we should have
something done about that.
Supervisor Champagne-The law is on the books, right to prevent that from happening, this change merely
is to move the Town Highway Superintendent off the responsibility list and add to the County. But the law,
actually if I remember correctly is from the intersection of Glenwood all the way down to Glen Street is it
not?
Councilman Monahan-I think it is the whole thing?
Supervisor Champagne-It is not the whole area?
Councilman Turner-No, it only goes up to the ...it goes up to Hovey's old house.
Supervisor Champagne-Hovey's old house, ok. On both sides, all right?
Councilman Turner-Yea.
Supervisor Champagne-I think you will be satisfied with the law once we put it into effect.
Mr. Tramposch-Good, very good, Thank you.
Supervisor Champagne-I hope so.
Councilman Monahan-I just would like to thank Mr. and Mrs. Tramposch for all they have done to help
beautify the pond, the park down there.
Mr. Tramposch-We try, I go down ...water the plants. I wanted to put them all the way down the entire
length of the fence but it was more than we could handle, we try to keep it nice.
Supervisor Champagne-Anyone else care to speak, for or against?
Ms. Barbara Seeley-49 Glenwood Avenue. I personally would like to see it not stop just at the park area to
have the whole street because when you stop it at a certain area they are just going to move down the road
and onto everybody elses lawn. So, if you are going to do the road do the whole road not just part of it.
Supervisor Champagne-Thank you.
Anyone else, in favor, opposed to?
We will close the public hearing, 7: 11 P.M. does the Board have anything more to add to that?
Councilman Pulver-When are the signs going to be put up?
Supervisor Champagne-That is the next step.
Attorney Dusek-I think they are already on order, as I recall from my conversation with Paul earlier, that he
had turned it over to the County already. When exactly they will go up I cannot answer that, I do not know.
Supervisor Champagne-I will try to get a reading on that.
RESOLUTION TO ENACT LOCAL LAW TO AMEND LOCAL LAW NO.9,
ENTITLED "A LOCAL LAW REGULATING PARKING ON A PORTION OF
GLENWOOD A VENUE IN THE TOWN OF QUEENSBURY" TO DELETE
DIRECTIONS TO HIGHWAY SUPERINTENDENT
RESOLUTION NO.: 477.95
INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law
which would amend Local Law No.9, entitled "A Local Law Regulating Parking on a Portion of
Glenwood Avenue in the Town of Queensbury" to Delete Directions to Highway Superintendent, by
deleting a portion thereof relating to the installation and maintenance of No Parking signs, and
WHEREAS, a copy of the said proposed Local Law entitled, "A Local Law to Amend Local Law
No.9, Entitled 'A Local Law Regulating Parking on a Portion of Glenwood Avenue in the Town of
Queensbury', to Delete Directions to Highway Superintendent" has been presented at this meeting, a copy
of said Local Law also having been previously given to the Town Board, and
WHEREAS, on September 11, 1995, a public hearing on said proposed Local Law was duly
conducted,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby adopts and enacts the
proposed Local Law to Amend Local Law No.9, Entitled "A Local Law Regulating Parking on a Portion
of Glenwood Avenue in the Town of Queensbury" to Delete Directions to Highway Superintendent, to be
known as Local Law No.: 12, 1995, the same to be titled and contain such provisions as are set forth in a
copy of the proposed Local Law presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the Local
Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home
Rule Law and that said Local Law will take effect immediately and as soon as allowable under law.
Duly adopted this 11th day of September, 1995, by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
PUBLIC HEARING PROPOSED LOCAL LAW BUFFER ZONES
NOTICE SHOWN
Supervisor Champagne-Jim do you want to walk us through?
Executive Director Martin-The proposed change would be taking out the existing definition for buffer zone
and replacing it with one that is as follows: An unpaved, vegetated area of a specified dimension, without
buildings, situated between conflicting land uses and/or zoning districts. In addition to that there is further
regulations added regarding excavation, prohibition against excavation or removal of vegetation or
disturbance of any kind within a buffer zone will be limited to drainage facilities and or vehicular and
pedestrian access needed to facility the use of the land or property. Installation of drainage facilities and
vehicular or pedestrian access within a buffer zone shall be subject to site plan review and approval by the
Planning Board. Installation of septic system within a buffer area would be prohibited. Language to the
effect of adding more vegetation through a site plan review process with the Planning Board if necessary.
Operation of motor vehicles within a buffer zone outside of Planning Board approved points of ingress and
egress would be prohibited. Parking or storage of vehicles of any kind would be prohibited. Then the
existing dimensional requirements are retained verbatim.
Supervisor Champagne-Now, anyone here from the public wishing to speak for or against? Come to the
mic please?
Mr. Craig Seeley-My name is Craig Seeley, I own property in the Town of Queensbury a couple of
different parcels. Now, I just, as far as the residential portion of this I do not think most of the residents
understand exactly what these buffer zones entail. If I am correct this new proposed law would also make a
buffer zone on residential property as well as industrial property or commercial property, correct?
Executive Director Martin-It is that way currently.
Mr. Seeley-So currently a resident also has to maintain a fifty foot vegetative undisturbed area as well as
the industrial area?
Executive Director Martin-Correct.
Mr. Seeley-Does this happen in this Town currently?
Executive Director Martin-When new residences come into place, yes, if they are existing or pre-date the
requirement then they are obviously are allowed to continue in that form but if it is new residences, yes.
Mr. Seeley-What about old residences, what if they want to make a change to their existing properties and
stuff, within that fifty foot zone, do they have to go to the zoning board for approval?
Executive Director Martin-Yes they would.
Mr. Seeley-I do not see that happening. That is all I have to say.
Supervisor Champagne-Anyone else care to speak for or against the new buffer zone regulations, trying to
protect that valuable piece?
Town Clerk Dougher-I have one letter.
Dear Board Members or Committee Member,
I have enclosed two suggested modifications to the Town of Queensbury Zoning Ordinance for
your review. As I know that you are considering changes to the waterfront Residential Zones and are
seeking input, I decided to send you these thoughts.
The first brief paragraphs on screeninglbuffering are not specifically for the water front residential
zones but might be something to consider as removal of buffers have been an issue. It appears that having
individuals or developers go back to the Planning Board to amend their landscaping plan has really not
been a deterrent to removal of buffers. Further, the replacement of trees or shrubs has not been sufficient to
inhibit erosion perhaps if the property owner had to replace plantings in-kind and there were a fine added it
might act as a deterrent.
The suggestion on "Trees" is related to situations that I have observed in my waterfront
neighborhood (Glen Lake). The Zoning Ordinance currently contained guidelines for site development,
however, in a water front residential neighborhood the removal of large trees is of much greater
significance than in other areas. It does not appear that people who are clear cutting a lot and moving large
amounts of soil are aware of the impact on the lake. As with the case of the property next to Mrs. Smith,
had there been a tree removal law the Planning Board would have seen a plan prior to any destruction. A
fine may also be a deterrent.
The Town may also want to consider a septic tank inspection process for the shore homes on Glen
Lake. As you are aware, there are a number of systems which are quite old.
I will be out of Town this coming week and am not sure I will be able to make the public input
meeting. I wish to compliment you on the draft regulations and note that I appreciate the opportunity you
have given the pubic on comment. Sincerely, Lee York
(original letter on file)
Supervisor Champagne-Thank you. Now is there anyone else, care to speak? Does the Board have any
input?
Councilman Goedert-I have a question. In the resolution that we have tonight here the highlighted area for
the footage for buffer zones is highlighted which would tell me that is new material.
Executive Director Martin-It was thought to be an easier approach to simply remove all of the old law
because it would have had them in re-order and re-numbered and all of that so it was simply removed and
then all of the old law was retained at the last part of the new proposal where it speaks to the dimensional
requirements.
Councilman Goedert-And this is the same dimensional requirements as the old law?
Executive Director Martin-Exactly the same.
You can see that, you can still read through the old law where it if hyphen out there essentially.
Councilman Monahan-Mr. Seeley brought up something that, frankly I brought up to the Attorney earlier
today and well I think this should be adopted I also think we have to look at some amendments to it in the
future and I gave the Attorney this scenario we have a residential zone and we have a residence here and
we have a vacant lot here, two owners, and over here we have a commercial zone. Now, this commercial
zone asks to expand the zone it would not be considered spot zoning because it is expansion of an existing
zone that would then kick this residence into also having to provide fifty feet of buffer zone. I am looking
at some of the places where this happens like West Glens Falls, South Queensbury etc. and that means that
with a hundred foot lot all of a sudden they have fifty feet the only way they can put a garage on is to come
in and get a variance, therefore I think we do need to do some amending to protect present residential
zones. I think this whole law was written in the first place thinking of new construction always and new
things happening in the town like under the master plan. Paul I also thought of another one after I talked to
you. Does a street count? If the residential zone is over here on this side of the street and here is the street
and then this starts commercial. Now, you have to have the one hundred feet between the residential and
the commercial lot line does the street count as part of that?
Attorney Dusek-I think it depends on the reading of that definition of buffer if! could take a quick look at
it.
Councilman Monahan-I looked up in our present one there, too.
Supervisor Champagne-Right off the bat it says unpaved. Unpaved.
Councilman Monahan-Well that is the buffer zone.
Supervisor Champagne-Isn't that what we are talking about?
Councilman Monahan-But they were talking about lot lines there too, so I just wanted to clarify that.
I remember it came up someplace, I cannot remember where.
Attorney Dusek-It is in C where it says likewise where any residential use as defined in this chapter with
the exception of farm operations abuts any commercial or industrial zone at the lot line or at the street. So,
I think if you read that you could say that, and it says that said residential use shall provide at least fifty feet
as a buffer zone from the adjoining lot line of the commercial or the industrial zone or the street right of
way. So, I would think that you could, a reasonable reading of that would be that you back up from any
one of those lines including the street.
Councilman Monahan-But that says a residential, does that also apply to a commercial?
Attorney Dusek-Yes.
Councilman Monahan-Because that is in the next part. Again, if we had, if a rezoning an area of town we
may have some problems with that we may want to take a look at. My other question was we had some
commercial residential zones in this town in two areas if! remember correctly, Main Street West Glens
Falls and Dix Avenue. Their problem is going to be on the rear lot lines. It could be both ways, but it is
more apt to be on the rear lot line. Now, again, CR Zone abutting on a residential I am assuming that
would be the same as a commercial zone, abutting on a residential. A CR zone which is a commercial
residential.
Attorney Dusek-This is where you get to a point of interpretation because it refers to commercial and you
could take it in a strict sense.
Councilman Monahan-But that is why I think, I think this needs to be adopted but I do think we need to
clarify and do a further amendment after this is adopted. I think it is necessary to adopt it now.
Executive Director Martin-It does refer to commercial uses and not just zoning districts. It is not just
between zoning districts but it is, if you have like a pre-existing non comorming commercial use in a
residential zone and that should be providing a fifty foot buffer.
Councilman Monahan-But, all right if you, lets take West Glens Falls as an example. It is very interesting
Jim, that you say that, I am not going to go into places.
Executive Director Martin-It is good to set examples.
Councilman Monahan-But, I can think of a commercial zone that went on a residential lot after we made it
CR, now that commercial use, because now we are talking about uses. Should have provided a fifty foot
buffer zone all the way around it correct?
Executive Director Martin-According to this, yes.
Councilman Monahan-According to the way it has been previously. I think I would have to agree with Mr.
Seeley that probably has not been happening in some of these cases so the one I am thinking of does date
back quite some time ago and I am not sure what I ...read at that time.
Supervisor Champagne-Anything else?
Councilman Monahan-So, I guess I would just ask Jim and Paul if they would look at that and come back
with some amendments in the future.
Mr. Gilbert Boehm-I may not have been listening, adequately before, but I have a question relative to
seasonal storage of a boat in that buffer zone, is that covered, is that prohibited?
Supervisor Champagne-The way I read the law, you cannot park a boat in there.
Executive Director Martin-Is the boat storage commercial? Is it being done for a fee?
Mr. Boehm-No private.
Executive Director Martin-No. Commercial is usually something that relates to a fee. Or a business
activity.
Mr. Boehm-So you are only talking about commercial.
Executive Director Martin-Right.
Supervisor Champagne-Mike, yes.
Unknown-That is not correct, the way you are reading your law or the way it is written it includes
residential as well as commercial or industrial or ...
Executive Director Martin-No, I think the example that was sited was a residential home next to a
residential home, is that what you were just saying. Two residential homes next to one another and
someone storing their private boat in their yard.
Unknown-Not on a buffer zone.
Executive Director Martin-That would not apply, that is what I said that would not apply in that case.
Attorney Mike O'Connor-But if you join the commercial zone you could not do it.
Supervisor Champagne-That is right.
Attorney O'Connor-I am Mike O'Connor, I own property within the Town I was not going to speak but, I
just have a real problem with the approach. What are you accomplishing by the change, I have not heard
the benefits of this change at all and what I really think you are going to create is night mere of non
comorming uses. It is just another regulation that is going to have to be interpreted by the ZBA that is
going to put a burden upon the people out there. We have gotten by with this buffer as it has been designed
right now pretty much without real concern except for a couple of people that probably should be
prohibited from doing anything anyways because they simply ignore the laws that we have. You give
another law another regulations it is not going to change your circumstance with those people who totally
ignore the purpose of the present definition and the present regulations. I have not heard any strong
argument as to the benefit of what is being proposed as an additional regulation that you are passing and I
think you are going to create all kinds of problems with the pre-existing non comorming lots. I can ever
take an example lots up along Carlton Court and what not, that adjoins what is now become the Walmart
property. You are saying that those single family homes now have a fifty foot buffer in their back yard.
Executive Director Martin-The changes that are being made are not adding that provisions, that provision
has been their since 1988.
Attorney O'Connor-But the prohibited uses of that buffer are being changed.
Executive Director Martin-That is correct.
Attorney O'Connor-Right now they can use it as back yard pretty much under this I do not think you can do
much there. They can, if they have to replace their septic system they can not replace their septic systems
in that buffer zone. We keep increasing this book that we have that everybody carries around someday you
are going to need another volume. ...1 hope that, that is soon. Thank you.
Supervisor Champagne-Thank you.
Councilman Monahan-Again, I think the point that I brought up if Paul and Jim work on an amendment
will be taken care of with the pre-existing residential or commercial lot.
Councilman Pulver-What about if we table this and we wait until they come up with additions.
Councilman Monahan-No because the buffer zones are being invited too much and too drastically in too
many cases. I just think, you know, you do this I am sure Jim is not going to go out in any residences that
are there right now until we can get amendment on the books. As far as any emorcement of that type of
thing and at least it will prevent some of the new kind of things that are happening we have had too much
of this going down.
Councilman Pulver-But, we do not know right now who is out there who might possibly be irritated by
somebody who is by passing this law now going to be invading the buffer zone so they are going to be
calling Jim, and Jim may not want to emorce it in his mind but once it is on the books he is obligated to
emorce it.
Supervisor Champagne-Yes, Sir.
Mr. John Schreiner-My name is John Schreiner, I would like to know on this buffer zone because my
property borders Dunhams Bay Boat Company, boat storage facility and there is no buffer zone inbetween
there it has all been removed and what takes place, you said fifty feet? It is supposed to be fifty feet?
Supervisor Champagne-It is what the law always said as I understand it, that law has always been on the
books.
Mr. Schreiner-Well it never got emorced then.
Supervisor Champagne-Ok.
Mr. Schreiner-Ok, so now the point is all these boats are being stored within fifty feet of my property you
are telling me with this new law they cannot storage their boats there now?
Unknown-that is correct.
Mr. Schreiner-Who is going to emorce that?
Councilman Monahan-They never were supposed to be.
Mr. Schreiner-I know it don't make sense you know to me whether or not since they have removed all the
trees anyway the only buffer zone is left is on my property and I did not remove nothing. But the point is
they park boats and my God they could probably put forth fifty boats along there is they wanted to. There
isn't that many now, but this Town just gave them permission to store boats outside a couple of years ago I
believe the number was seventy five of them. So, a big portion of that seventy five is stored in what you
are calling a buffer zone. You know I think you are opening a big can of worms, myself.
Supervisor Champagne-Thank you, you are probably right.
Councilman Monahan-I think we are trying to close a can of worms, when I see some of the stuff
happening.
Supervisor Champagne-Yes, Sir.
Mr. Dan Gealt-My name is Dan Gealt I did not come here for this particular issue but every time I come to
the Town Board meeting something exciting happens. I guess my comments would be that, Betty has
raised some superb points and maybe the law needs to be passed but not with the current situation. She has
raised the point about what happens if someone expands a commercial zone next to an existing residential
property what that amounts too is a taking of fifty feet of the residential property from the use of the
previous owner. That is going to get you into all kinds of hot water. Enacting any law like this if there is a
urgency to do it then if you do it today there is not emergency to amend and it takes another public hearing
for each time to amend it and if I were you I would put this on whole, do the thing right and if it needs to be
done do it right the first time don't go back and say I hope that they are going to work on amending it and I
hope that they are not going emorce it in the mean time and I hope that we can avoid any problems that is
not the way to do it, put it on hold, do it right the first time.
Supervisor Champagne-Thanks Dan.
Anyone else care to speak now we are getting a little lively discussion going here, yes, Sir, John.
Mr. John Salvadore-John Salvadore-I agree with my predecessor put it on hold do it right the first time.
Supervisor Champagne-Anyone else care to speak? Yes, Sir.
Mr. Bill Nealon-I am Bill Nealon, I just wanted to draw the boards attention to one other issue which I
think opens up a great can of worms and that is that the law provides that where an existing buffer zone is
deemed to be not adequate then the Planning Board can go out and direct that a zoning or a buffer zone
with proper vegetative screening and so on and so forth be installed. I think if the Town wants to avoid
undue litigation this is not the way to avoid undo litigation, they are really asking inviting law suits by the
hundreds I would think, because of one persons interpretation of whether a change in the existing
vegetative alignment is appropriate or not, or whether something that might have been done earlier on
meets a standard that you have not defined in this ordinance of what is an appropriate screening between
zones. As I read this if there is a development that is contemplated on parcel A which is presently devoid
of any vegetation and it is a buffer between parcels or adjoins a street which street is the buffer between
parcels the Town has the authority to regulate the point of ingress and egress in a vegetated parcel and
theoretical if there were another parcel just down the street could impose a requirement that, that denoted
parcel be re-vegetative to afford an appropriate screening to a residential area across the way. I just would
ask again, table this matter, do it right, if current zone, current zoning ordinance needs to be properly
emorced or vigorously emorced, emorce it.
Supervisor Champagne-Thank you. Anyone else? From the Board.
Councilman Pulver-I will go back to my suggestion that we table this
Supervisor Champagne-I have one vote to table it do I hear a second to table it, you got your third
vote... Tabled.
RESOLUTION CONSENTING TO DISCONTINUANCE
OF A PORTION OF SHERMAN ISLAND ROAD
RESOLUTION NO. 478.95
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, on or about the 7th day of March, 1994, the Town Board of the Town of Queensbury
approved and authorized the Hudson Pointe Planned Unit Development, and
WHEREAS, one of the conditions of the proposed development was that the southern portion of
Sherman Island Road (approximately 1,800') would be abandoned and that Sherman Island Road would
become a dead-end with a paved turnaround to be constructed by the applicant at the end point of the road,
with that portion of Sherman Island Road becoming effectively blocked by burming, planting, etc., and
WHEREAS, the developer has proposed to abandon a portion of that part of Sherman Island Road
required to be abandoned as part of the Hudson Pointe Planned Unit Development, while the remaining
portion of Sherman Island Road (that part to be abandoned) will be abandoned at a later date when roads
servicing the Hudson Pointe Planned Unit Development have been constructed, and
WHEREAS, the Town Board of the Town of Queensbury has examined the circumstances and
conditions of said portion of road to be abandoned, as well as the roads that generally service that area of
the Town of Queensbury, and
WHEREAS, Hudson Pointe Inc. has executed a consent that the portion of highway described
herein be discontinued and therein also release the Town of Queensbury from any claims to damages by
reason of the discontinuance of said portion of highway, and
WHEREAS, it appearing that no other persons or corporations, other than Hudson Pointe, Inc.
owns any premises through which said portion of highway sought to be discontinued passes or to which it
is adjacent, and it further appearing that no significant purpose is achieved in keeping that section of
Sherman Island Road open and it further appearing that the Town Highway Superintendent is
recommending that that portion of road be closed and it further appearing that the portion of highway
sought to be discontinued has become unnecessary and useless in view of the roads available as part of the
Hudson Pointe Planned Unit Development and previously accepted by the Town Board on behalf of the
Town,
NOW, THEREFORE, BE IT
RESOLVED, that, upon due deliberation, the undersigned members of the Town Board of the
Town of Queensbury do, pursuant to ~ 171 of the Highway Law of the State of New York, consent in
writing that the said portion of highway sought to be discontinued and described in the application and the
preambles of this Resolution be discontinued, and
BE IT FURTHER,
RESOLVED, that it is the intent of this resolution to consent to the abandonment of only those
easement rights or rights of the public historically in that portion of Sherman Island Avenue described in
the description annexed to the Release executed by Hudson Pointe, Inc., and nothing contained herein shall
be deemed to have agreed to the abandonment of any portion of roads previously dedicated by Hudson
Pointe, Inc., (during 1995) which may overlap a portion of the road abandoned hereby, and
BE IT FURTHER,
RESOLVED, that the members of the Town Board shall, in witness, hereunto set their hands in
the Town Hall in said Town on the 11th day of September, 1995.
FRED CHAMPAGNE, Town Supervisor
CONNIE GOEDERT, Town Councilperson
BETTY C. MONAHAN, Town Councilperson
CAROL A. PULVER, Town Councilperson
THEODORE TURNER, Town Councilperson
Duly adopted this 11th day of September, 1995 by the following vote:
AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES: None
ABSENT: None
Discussion held before vote: Supervisor Champagne-This is establishing a turn around area with a bulk
head that shuts down a portion of that Sherman Island Road. Councilman Goedert-Mr. Naylor is this in
compliance with what you have set up with what Hudson Point had set up? Highway Supt.-They have not
got the bulk head big enough, I have talked with Mr. Martin a few weeks ago and he was going to contact
that crew and see when they were going to finish it up. Right now they are jumping over it with bicycles
and motorcycles it is not doing the job. Executive Director Martin-I contacted the Michaels group to have
it beefed up and planned better. Attonery Dusek-I think if you abandon the road I think you are in a far
better position to emorce the other provision against them because other wise they could technically argue
back that it is still a ...road. Supervisor Champagne-...once we abandon the road then we could come in
and put pressure on them to bring it up to standard. Councilman Monahan- If we abandon the road and
people keep using that part for recreational facilities does that put the liability on someone else besides the
town? Attorney Dusek-Yes.
(Resolution renaming a portion of McDonald Drive pulled)
RESOLUTION CONCERNING RESTATED TRUST DOCUMENT AND
INVESTMENT MANAGEMENT AGREEMENT
RESOLUTION NO. 479.95
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, the Town Board of the Town of Queensbury previously adopted Local Law NO.4 of
1995, which made certain amendments to the Town of Queensbury Fire Service Award Program and which
amendments, among other things, broadened the nature and type of investments that may be made with the
program funds, and
WHEREAS, in furtherance of the authorization that has been provided, the Town Board of the
Town of Queensbury desires to adopt and approve a Restated Trust Document and also approve and
authorize the execution of an Investment Management Agreement with the Glens Falls National Bank and
Trust Company,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the
Town of Queensbury is the trustee for the Volunteer Firefighter Service Award Program, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Town of
Queensbury, hereby approves the Restated Trust Document presented at this meeting and authorizes the
Town Supervisor to execute the same on behalf of the Town, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Town, hereby
authorizes the retention of Glens Falls National Bank and Trust Company as an investment management
agent and hereby approves the Investment Management Agreement and attached Schedules presented at
this meeting with the understanding that Schedule A shall constitute a schedule of fees to be charged by the
Bank, and Schedules B-1 through B-5 shall constitute requirements, policies, and directions to the Glens
Falls National Bank and Trust Company, and
BE IT FURTHER
RESOLVED, that the Town Supervisor is hereby directed and authorized to execute, on behalf of
the Town of Queensbury, the Investment Management Agreement and thereby engage the services of Glens
Falls National Bank and Trust Company.
Duly adopted this 11th day of September, 1995, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION APPROVING AGREEMENT WITH e.T. MALE ASSOCIATES, P.e.
FOR STORMW ATER MANAGEMENT PLAN
RESOLUTION NO.: 480.95
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury has, at this meeting, approved an
Intergovernmental Agreement with the Lake George Park Commission, which agreement provides for
payment of expenses incurred in connection with the development of a Stormwater Management Plan, and
WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the services
of C.T. Male Associates, P.e., for the development of the aforesaid Stormwater Management Plan, and
WHEREAS, an agreement for the development of such a plan has been presented at this meeting,
said agreement indicating that the cost of the plan will be a lump sum of $10,000,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves the agreement
with C.T. Male Associates, P.C., presented at this meeting, and hereby further authorizes the Town
Supervisor to execute the same on behalf of the Town, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby directs that work shall not
begin in connection with the Stormwater Management Plan, and hence the Town of Queensbury's
obligations to pay until such time as the Lake George Park Commission Agreement is approved by the
State Comptroller's Office, and
BE IT FURTHER,
RESOLVED, that the cost of the services shall be paid for from Account No.: 01-8030-4400.
Duly adopted this 11th day of September, 1995 by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
Discussion held-Councilman Monahan-Questioned if there would be a focus on municipalities? Executive
Director Martin-Yes... Councilman Goedert-This money is going to be paid back? Executive Director
Martin-It is intended to be paid for out of the grant from the Park Commission...Attorney Dusek-The
agreement has not been approved by the State Comptroller Office, there has never been any firm assurances
in my mind that you will get the money back for this, it is the type of thing that is everything works right
you will get the money but I cannot guarantee it from the agreements that I have read...my understanding
was the Town wants to proceed with it.
RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION
FOR CHANGE OF ZONE FOR G. JOSEPH MONSOUR
TO TOWN OF QUEENSBURY PLANNING BOARD
RESOLUTION NO. 481.95
INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled,
"Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning
requests, and
WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and all
applications for rezoning first go to the Planning Department and Planning Board for recommendations
regarding the same, and
WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will
then review the Zoning Applications and take such other action as it shall deem necessary and proper,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that
the following application be submitted to the Planning Board for the Town of Queensbury for report and
recommendation: G. JOSEPH MONSOUR - Tax Map No.: 104-1-12; 676 Upper Glen Street,
Queensbury, New York 12804, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to
be Lead Agent for the SEQRA review of this project and directs that the Zoning Administrator's Office
notify any other involved agencies of this.
Duly adopted this 11th day of September, 1995, by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION TO SET PUBLIC HEARING ON PROPOSED
CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX
RESOLUTION NO. 482.95
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury is presently considering the adoption of
a proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 1996, and
WHEREAS, it is necessary to hold a public hearing prior to adopting said proposed Benefit Tax
Roll for 1996,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at
which time all parties in interest and citizens shall have an opportunity to be heard upon and in reference to
the proposed Benefit Tax Roll for 1996, and
BE IT FURTHER,
RESOLVED, that said public hearing shall be held on October 2nd., 1995, at 7:00 p.m., at the
Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed
to publish a Notice of Hearing in the official newspaper for the Town not less than ten (10) days prior to the
date of the hearing, which Notice of Hearing shall be in a form substantially consistent with the Notice
presented at this meeting.
Duly adopted this 11th day of September, 1995, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION RATIFYING EXECUTION OF CHANGE ORDER NO.1
IN CONNECTION WITH THE WATER TREATMENT PLANT EXPANSION PROJECT
RESOLUTION NO.: 483.95
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, a Change Order bearing the caption: "Change Order NO.1" for the Project titled, 16"
Transmission Main 1-87 Crossing Contract No. 32 (part of the Water Treatment Plant Expansion Project)
was presented to the Town Board on August 28, 1995, and
WHEREAS, the Town Board approved the aforesaid Change Order, but required as a condition,
that certain additional information would be obtained from the Contractor concerning the allocation of
bonding costs,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, having reviewed the additional
information furnished by the Contractor in connection with the request, hereby indicates that the same
satisfies the condition originally imposed in the resolution, and therefore, the execution of the Change
Order by the Town Supervisor as written, is hereby ratified.
Duly adopted this 11th day of September, 1995 by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION CORRECTING PREVIOUS APPOINTMENT OF
SCHOOL TRAFFIC OFFICER
RESOLUTION NO. 484.95
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury previously appointed Ms. Jennifer
Hicks to the School Traffic Officer position, per Resolution No. 472, 95, effective September 6, 1995, at
the rate of pay of $ 21. per 2-hour day, and $ 7.37 per hour for time worked after the 2 hours, and
WHEREAS, Resolution No. 469, 95 established a 1995 pay rate for School Traffic Officers at
$21. per 2-hour day and $7.48 per hour for time worked after the two hours,
NOW, THEREFORE, BE IT
RESOLVED, that the hourly wages paid to Ms. Hicks shall be in accordance with resolution no.
469.95.
Duly adopted this 11th day of September, 1995, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION TO AMEND 1995 BUDGET
RESOLUTION NO.: 485.95
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, certain departments have requested transfers of funds for the 1995 Budget, and
WHEREAS, said requests have been approved by the Chief Fiscal Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the funds be transferred as follows, for the
1995 budget:
CEMETERY:
FROM:
TO:
$ AMOUNT:
02-8810-1430
(Laborer B, PT)
02-8810-1470-0002
(Working Foreman
Proj-Overtime Earnings)
400.
SHARED SERVICES:
FROM:
TO:
$ AMOUNT:
01-1620-4030
(Postage - Bldg. &
Grounds)
01-1670-4030
(Postage - Shared Services)
300.
SUPERVISOR:
FROM:
TO:
$ AMOUNT:
01-1220-4400
(Misc. Contractual)
01-1220-4010
(Office Supplies)
100.
WATER:
FROM: TO: $ AMOUNT:
40-8320-1520 40-8320-1002 250.
(WTPO 1) (Misc. Payroll)
40-8320-1520 40-8320-1510 32,000.
(WTPO 1) (WTPO 2)
40-8320-1520-0002 40-8320-1510-0002 10,000.
(WTPO lOT) (WTPO 2 OT)
40-8320-1520 40-8320-1841-0002 1,700.
(WTPO 1) (Lab Oper. OT)
40-8320-1970 40-8320-1971 2,068.
(Sr. Oper.) (WTPO Trainee)
40-8320-1970-0002 40-8320-1971 917.
(Sr. Oper. OT) (WTPO Trainee)
40-8320-1520 40-8320-1971 4,900.
(WTPO 1) (WTPO Trainee)
40-8330-1842 40-8320-1971 1,000.
(Lab Tech) WTPO Trainee)
40-8330-1842 40-8340-1410 3,375.
(Lab Tech) (Laborer A P.T.)
40-8330-1842 40-8340-1410-0002 350.
(Lab Tech) (Laborer A P.T. O.T.)
40-8310-4003 40-8310-4060 500.
(Fiscal Agent Fee) (Ser. Contr. & Warranti)
and
BE IT FURTHER,
RESOLVED, that the 1995 Town Budget is hereby amended accordingly.
Duly adopted this 11th day of September, 1995, by the following vote:
AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION APPOINTING MR. A. PETER BRAULT AS
TEMPORARY BUILDING & GROUNDS SUPERINTENDENT
RESOLUTION NO. 486.95
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, A. Peter Brault, the Building & Grounds Superintendent, retired effective September
1, 1995, and
WHEREAS, the Town Board of the Town of Queensbury has not yet selected a Facilities
Manager to fill the vacancy created by the retirement of Mr. Brault, and
WHEREAS, Mr. Brault has indicated a willingness to work on a temporary basis for the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. A. Peter
Brault to the Temporary Building & Grounds Superintendent position for a period of time up to and not
exceeding, 90 days without further Town Board resolution, said temporary position to be effective
September 12, 1995 and at a rate of pay of $16.04 per hour, and
BE IT FURTHER,
RESOLVED, that the hourly wages paid to Mr. A. Peter Brault shall be from the appropriate
Town of Queensbury Payroll Account.
Duly adopted this 11th day of September, 1995, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION RE-NAMING STEVENS STREET TO STEVENS ROAD
RESOLUTION NO.: 487.95
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, a petition has been presented to the Town Board of the Town of Queensbury by
residents of Stevens Street in Queensbury, requesting that Stevens Street be renamed to "Stevens Road" to
resolve mail delivery problems and to ensure accuracy of 911 emergency calls, and
WHEREAS, the Town Highway Superintendent has approved of said name change,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes
the change from Stevens Street to "Stevens Road" for the reasons set forth hereinabove, and authorizes and
directs the Town Clerk and Town Supervisor to amend and/or change all appropriate records and notify
Warren County and other appropriate authorities of the change, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and
directs the Town Highway Department to arrange for the installation of a pole and street sign with the new
name of Stevens Road, and
BE IT FURTHER,
RESOLVED, that the expenses to be incurred in connection with the erection of said street sign be
paid forfrom Account No. 01-3310-4160 (Traffic Control Department Signs).
Duly adopted this 11th day of September, 1995 by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES None
ABSENT: None
(Resolution turning petition for change of zone over to Planning Board (Michael Vasiliou Inc.) pulled)
RESOLUTION RE-APPOINTING TOWN ASSESSOR
RESOLUTION NO. 488.95
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Real Property Tax Law of the State of New York provides that the Town Board
of the Town of Queensbury shall appoint an Assessor who shall serve a term of six years, and
WHEREAS, the term of Helen C. Otte, the current Town of Queensbury Assessor, will expire on
September 30, 1995, and
WHEREAS, the Town Board of the Town of Queensbury is desirous of re-appointing Ms. Otte to
the position of Town Assessor for another six year term,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints Ms. Helen C.
Otte to serve as Town Assessor, said term to expire on September 30, 2001.
Duly adopted this 11th day of September, 1995, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
TO SELL VEHICLES
RESOLUTION NO. 489.95
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Board of the Town of Queensbury is desirous of selling, by advertisement
for and receipt of bids, certain vehicles as follows:
1. 1990 Chevrolet Van;
2. 1967 International Rock Bottom Dump Truck;
3. Ford Tractor;
4. 1986 Ford Ranger Truck;
5. 1987 Jeep/J20 4x4 Truck;
6. 1987 Chevrolet S-1O Pick-Up Truck;
with Town rights to turn down all bids, and "AS IS",
NOW, THEREFORE, BE IT
RESOLVED, that an advertisement for bids for each of the said vehicles referenced hereinabove,
be published in the official newspaper for the Town of Queensbury and that such advertisement indicate
that bids will be received at the Office of the Town Clerk of the Town of Queensbury at any time until, but
not later than October 12, 1995, at 2:00 p.m., and that the bids will be publicly opened and read at 2:05
p.rn. by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town of
Queensbury shall sell all vehicles "AS IS" with no warranties, no warranties of merchantability or fitness
for a particular purpose, and that the sale shall be final, and that the Town Board of the Town of
Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided
by the laws of the State of New York, and that if a bid is accepted, that full payment for any vehicle must
be made in cash or certified check or bank cashier's check and delivery must be taken within 10 days of the
opening of bids, and
BE IT FURTHER,
RESOLVED, that the Town Clerk or her designated Deputy, is hereby authorized to open all bids
received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.m., October 12, 1995, read
the same aloud and make record of the same as is customarily done, and present the bids to the next regular
or special meeting of the Town Board of the Town of Queensbury.
Duly adopted this 11th day of September, 1995, by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR
REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF
MOBILE HOME COURT FOR KELLY SPRAGUE
RESOLUTION NO.: 490.95
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home parks
pursuant to ~ 113 -12 of the Code of the Town of Queensbury, and
WHEREAS, Ms. Kelly Sprague has filed an application for a permit, in accordance with said
~1l3-12 of the Code of the Town of Queensbury, to replace her old mobile home with a new mobile home
at property situated at the corner of Feld and Columbia Avenues, Queensbury, New York, and
WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a
public hearing regarding said permit,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on
October 2nd, 1995 at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury,
Warren County, New York, to consider the application by Ms. Kelly Sprague for a permit to substitute a
new mobile home for an existing mobile home on property situated at the corner of Feld and Columbia
Avenues, Queensbury, New York, and at that time all persons interested in the subject thereof will be
heard, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and
authorized to publish and provide notice of said public hearing in the official newspaper of the Town of
Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a
copy thereof to the Town Planning Board, at least 10 days prior to said hearing.
Duly adopted this 11th day of September, 1995, by the following vote:
AYES
vote taken later in the meeting....
NOES
ABSENT:
Attorney O'Connor-I represent Kelly Sprague who is the applicant and what you have here is a little bit
different than normal where you are trying to locate a mobile home outside of a mobile home park this is a
replacement of a mobile home that was destroyed by a storm. So, there is no question that there is a non
conforming right to have a non conforming structure there. As I understand the application has been
reviewed by Mr. Hatin and Mr. Martin and the proposal is in compliance with all the rules and regulations
that would be applicable. I really think that there is very little discretion I say this with due respect to the
Board on this particular application because you are not introducing something new to the neighborhood or
for this particular lot. Mr. Sprague is here and I also know that some of the neighbors are here that have
voiced some concerns. Recommended that this be deferred to open forum you would have the same
discussion that you might have later at the time of the public hearing without the necessity of a public
hearing. Noted that there is no requirement for a public hearing...
Councilman Pulver-Questioned when the mobile home was destroyed?
Attorney O'Connor-The past storrn...
Councilman Pulver and Goedert-tabled the resolution until later in the meeting...
Councilman Monahan-Requested the floor to make a statement...
Supervisor Champagne-Gave the floor to Councilman Monahan...
Councilman Monahan-Ladies and Gentlemen-And I would like to do this before we get into some of the
more involved stuff. An article appeared in the 8-31-95 issue of the Post Star that did a great injustice in
my opinion to two Town employees and a member of the Town Board. The article was in reference to
raises. I do not know why the article was slanted the way it was, with some employee and or other person
in town government using the newspaper, or was the newspaper using said individuals to come up with a
story that would sell newspapers. Now, in the interest of fairness, as I have many times in the past let me
tell you the rest of the story. The Supervisor asked me because of the background that I have in this Town
government, if I would work with him on a proposed salary schedule for the non-union employees. I
requested that these positions and salaries, be placed on a pyramid, so we could see the relationship from
one position to another both as far as responsibility, skills and salaries. It became evident that several
positions were out of wack, and adjustments were made accordingly in several positions. But, two
positions mentioned were among them, at no time was Mr. Turner involved, in the discussion nor was he
consulted for an opinion. The figures given to the Board to discuss were the product of the Supervisor and
my discussions. Let us look at the Town Clerk deputy position first. I tried to evaluate what union position
would be the closest. If you take the position of office specialist which has many special requirements for
that job as does the deputy Town Clerk but without handling the amount of money that, that position does
in the Town Clerk's Office and take the base salary of that position plus the overtime that a union employee
gets and which this position in the Town Clerk's Office is not eligible for and the longevity that the union
position gets that also is not anything that is given to the position of the Town Clerk Deputy that position
would be $25,444. Now if you take the position of senior typist which again comes under the union
negotiation and do the same adjustments to it for the longevity involved and the over time that position
would be worth $23,634. Even at the proposed raise to $22,500 this position would have been undered
paid. I would also like to say that the individual holding this position has a two year associate degree in
applied science and legal secretary work. Now to go on with the building inspector which was another
position and singled out in that article. This person has now become with the retirement of our former
senior inspector the inspector there with the longest seniority which is again not that amount of time really,
because he started at the end of 1993. He comes to the Town though with a great deal of construction
background. He has a BS in construction management, he has had hands on experience in the construction
field, he has had technical knowledge in that field he has worked in quality control. I think again, the
salary that was proposed for that position, was determined from those facts and from no other. In
conclusion I would like to read a quote from Don Metervier his Saturday Morning Book relative to some of
the people that he worked with in the Post Star. " Ed Worster who died this week had an abundance of two
qualities that we all could use more of, talent and integrity. He was a fine writer, and no one ever
influenced his opinions other than the facts and fairness, as people who do this for a living will recognize I
can pay him no higher tribute than to say he was a giant at his chosen craft newspaper man." I hope ladies
and gentlemen this adds the light of fairness to what was put in the paper so that you may better evaluate
what happened.
ATTORNEY MATTERS
Attorney Dusek-Requested Executive Session - Work on Village of Hudson Falls Agreement
Supervisor Champagne-Requested that this be held until after open forum...
OPEN FORUM
Attorney Mike O'Connor-Introduced Kelly Sprague applicant for mobile home permit...There was a mobile
home on this lot that was permitted by the Town Board that mobile home was destroyed by a storm this
past sununer and that mobile home has been removed and the application is to replace it with in fact a
better condition mobile home. (pictures were shown) What is proposed is in full compliance with the
regulations for mobile homes outside of a mobile home park.. . noted the neighbors had concerns about a
mobile home being on this lot but that is really not the issue because here you have the right of a non
conforming structure being replaced within the eighteen months of destruction to replace it...this is not the
only mobile home in that neighborhood...this is a lot being leased to Kelly Sprague the owner of the lot has
filed a statement with Mr. Martin indicating her consent to the use of the property for the mobile home...she
indicated that the prior mobile home was there since 1987..1 understand the that replacement mobile home
was been inspected by Mr. Hatin and found to be up to the towns standards, there is also a written
inspection report by George Kurosaka as an engineer saying that it is up to code.
Supervisor Champagne-I am looking at past practice...1 understand it is an automatic process..
Ms. Tammy Hermance-It is not an upgrade it is definitely a depreciation to the neighborhood and it is a
1974 and I do know how you could say that the trailer is in better condition than the one that is existing
because the existing mobile home was a 1989 and I would not have anything to say if they had put
something in there of equal or better value but from my understanding there is grandfather clause which
said that if something is replaced it needs to be of equal or greater value which to me this isn't. Another
thing the trailer is facing backwards and when I spoke to Mr. Hatin on the phone I was rudely told that the
trailer could be upside down on its head it would not matter. My house is approximately valued at $70,000
and to have a $2500 dollar trailer move into the neighborhood is not an asset to the neighborhood. I believe
the grandfather clause pertains to the old structure and not to a new structure. I am a property owner their
and the people who are putting the trailer there they are just leasing, I do not see how this can go through.
Councilman Pulver-In a mobile home park the people are leasing the spot and that would be the same as
other areas of the Town there are lots which people who are leasing do not own they are temporarily that
particular space that is allowed in the Town of Queensbury.
Ms. Hermance-A trailer court will not allow a trailer as this year and condition into a court why should a
residential area that is not zoned for trailers allow a trailer to be put on this property.
Councilman Monahan-Questioned the cut off date for mobile homes manufacturing...
Attorney O'Connor-Mobile homes manufactured before 1974 are not acceptable unless they have an
electrical underwriters seal...
Ms. Hermance-Requested a public hearing.
Councilman Monahan-Questioned if the mobile home will have the proper set backs?
Attorney O'Connor-The question of set backs was asked before this is in excess of compliance of the set
backs...also the trailer in there was uninhabitable due to the damage of the storm...
Mrs. Hermance-Noted that the Trailer has been removed and is now on Columbia Avenue...
Councilman Monahan-Requested that Mr. Martin check on that...
RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR
REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF
MOBILE HOME COURT FOR KELLY SPRAGUE
RESOLUTION NO.: 490.95
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home parks
pursuant to ~ 113 -12 of the Code of the Town of Queensbury, and
WHEREAS, Ms. Kelly Sprague has filed an application for a permit, in accordance with said
~1l3-12 of the Code of the Town of Queensbury, to replace her old mobile home with a new mobile home
at property situated at the corner of Feld and Columbia Avenues, Queensbury, New York, and
WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a
public hearing regarding said permit,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on
October 2nd, 1995 at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury,
Warren County, New York, to consider the application by Ms. Kelly Sprague for a permit to substitute a
new mobile home for an existing mobile home on property situated at the corner of Feld and Columbia
Avenues, Queensbury, New York, and at that time all persons interested in the subject thereof will be
heard, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and
authorized to publish and provide notice of said public hearing in the official newspaper of the Town of
Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a
copy thereof to the Town Planning Board, at least 10 days prior to said hearing.
Duly adopted this 11th day of September, 1995, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
Mr. John Salvadore-Regarding Councilman Monahan's statement, one of the employees has a BS degree in
Construction Management, what College or University offered that?
Councilman Monahan-Utica College of Syracuse University...
Mr. Salvadore-No. Qsby. sewer project...meeting regarding RFP, Hague, Bolton, Lake George and
Queensbury, understood that this would be on a non competitive bidding basis and O'Brien and Gere is a
likely selection for Queensbury...read comptroller opinion on competitive bidding ... caution that the Town
participate in this arena...questioned the use of O'Brien and Gere since they are already part of the Water
Treatment Expansion, questioned the auditing procedure that would have to be used...1 am putting you on
notice that careful consideration of what we are doing here is required.
Supervisor Champagne-Noted that CT Male, Clough Harbour, O'Brien and Gere and possibly a forth will
be bidding on the project there will be competition...
Mr. Salvadore-Who is going to determine if a supplemental EIS is required? What right does anyone have
to change the scope of work?
I think we have a scope of work done in a previous study done by Cough Harbor, are we going to change
that? A serious look at this is required.
Warren Co. Supv. Montesi-Spoke to the Board regarding the procedure of obtaining an engineering firm
for the RFP...went from 8 responses down to three..interviews will be Wednesday the 13th...felt that all
bidders will bid on the entire project ...
Mr. Salvadore-Questioned how you can get a price when the project is not defined? It says we are going to
do if required under SEQRA a timely and concise supplemental EIS.
Warren Co. Supv. Montesi- I think that verbiage is in there John because of you, because you have asked
over and over have we studied it enough?
Mr. Salvadore-When you change the scope of work a supplemental is required.
Mr. Gilbert Boehm-Is the Wednesday meeting opened to the public?
Warren Co. Supv. Montesi-Yes.
Mr. Boehm-Questioned what the Town's role is in the selection of a bidder?
Supervisor Champagne-The Town has interviewed engineers...1 will make a recommendation, representing
the Board on who the Town believes should proceed with the No. Qsby. project...
Mr. Boehm-Will your voice carry weight and who will pull the strings relative to the contracts?
Supervisor Champagne-It will be the Town of Queensbury Board.
We will recommend to the Lake George basin committee, that committee will recommend to the full board
of supervisors who they want to have for their Town Engineer on this project...
Mr. Boehm-In the performance of the contract will you have the responsibility of interfacing with that
contract?
Supervisor Champagne-Absolutely.
Mr. Boehm-And pay them off?
Supervisor Champagne-The money will flow through the County.
Mr. Salvadore-The guy who is paying the money wrote the RFP, I cannot imagine you having any kind of
authority to administer it.
Supervisor Champagne-It is my understanding that this Town Board will have full direction of those
engineers, we will hire and fire the engineer and will see the project through as a local board.
Before we sign on the line we are going to have an agreement with the County as to how we do that.
Mr. Daniel Gealt -Spoke on competitive bidding
Supervisor Champagne-Do we or do we not have to bid engineering services?
Attorney Dusek-You do not have to bid engineering services.
Mr. Gealt -Questioned construction in the scope...
Supervisor Champagne-That is not the case we are interested in professional engineering services nothing
beyond that.
Mr. Salvadore-I would hope that the budget for next year does not include monies for the so called not for
profits...read except from Court of Appeals decision from one of our cases.
In the 1996 budget does is include any recommendations from the consultant that is preparing the study on
our fire and ems, will they finish their work?
Supervisor Champagne-It is going to be marginal, at this point we are waiting at the end of September, 1st
of October at which time we should have that report and with a little luck it will fit into the '96 budget.
Mr. Salvadore-Is there any thought to partial privitation
of the ems?
Councilman Pulver-I cannot answer that I am waiting for the study.
Supervisor Champagne-Tonight the answer is no.
Mr. Salvadore-Will the budget for the next year reflect the sale of the No. Qsby. Fire House so that the
proceeds can go to reduce the debt on the new firehouse?
Supervisor Champagne-Talk to the fire company, John.
Asked if anyone wanted to speak about Round Pond, noted there are other topics...
Mr. Mark Hoffman-Resident of Queensbury-Addressed the issue of the proposed development in the Fox
Farm Road...the Board and the Planning Commission have a major responsibility to take a very careful
look at this...it is a density populated areas of Queensbury it potentially eliminate one of the few open
spaces in one of the one of the most heavily populated areas of Queensbury. It will have major
implications as far as traffic on Aviation Road, Potter Road intersection I would strongly advise the Town
government to take a close look at that.
Councilman Goedert-Noted she will give him all the information she has in reference to that...and keep you
updated.
Councilman Monahan-It will be a very lengthly process in which the public will have input..
Mr. John Salvadore-discussed chloroform testing...Fresh Water Institute ... there is no testing being done in
North Queensbury...regarding EIS for the Sewer Dist. this kind of data is important...1 think this is data that
we could use. Regarding Fuller road ....a town road by use I have an interest in I would like to know what
has been going on here, how my interests are being protected?
Supervisor Champagne-Offered to make an appointment and meet with Mr. Salvadore on Fuller road...
Councilman Monahan-Noted that the road was abandoned after at least a six month period of time with it
being discussed at many public meetings...
Attorney Dusek-This was a town road by use, we do not have a deed to it, it was never dedicated....the
town board followed the procedures under Highway Law Section 171 obtained the necessary releases and
abandoned a portion of that road...noted there are other roads servicing that area and it was in the best
interest of the town and the people of the town to close that road. It was brought to the attention of the
Town board after it was abandoned that there were people that did like to use that area, primarily for biking
purposes, hiking etc. so that what is being worked on is now because it is abandoned to receive back from
the property owners easement rights to go back over the roadway with bikes and hikers and things of that
nature, not opening it up as a town road.
Mr. Joe Brayton-I live on Fuller Road for 30 +- years it was the best thing that ever happened when they
closed that road, we have a lot less traffic and we do not have any holiday partiers on weekends ...no one
that lives on Fuller Road wants that road re-opened. ..1 see reason for the town to spend money to open it...
Mr. Salvadore-..I am not sure that the public interest has been protected here, questioned what the liability
would be on the town for biker trails etc...
Is the public comment period still open on waterfront 1 acre residential zone?
Supervisor Champagne-Yes
Mr. Salvadore- I have a letter to give you on that.
spoke to the board on business licenses...(gave letter to Town Board) would like the town to re-examined
the issue...
Mr. John Scrinier-Recommend that the Town Board look into a noise ordinance....
RESOLUTION AMEND RESOLUTION 482.95
RESOLUTION NO. 491.95
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
Resolved, that the public hearing date be set for October 2nd. 1995.
Duly adopted this 11th day of September 1995 by the following vote:
AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES: None
ABSENT: None
DISCUSSION VILLAGE OF HUDSON FALLS FACILITY AGREEMENT
Attorney Dusek-Requested the following changes/amendments
-submitted new clause to read that the Town can buy back the equity interest of the Village of Hudson Falls
if they desire to transfer it...assignment privilege is limited to Town, County, City or Village...
noted Attorney for Village did not like the indeminfaction clause...taken out...on page 21 section 13...page
25-cost of enforcement he indicated that should come out...
Councilman Goedert-page 8 4.08 cost of connecting recording device to the Town shall be borne by the
town?
Water Supt. Flaherty-If we at some time what to telemeter it our office it would be for our conveyance and
we would pay the cost... we do not need the telemetering we can get the reading in another way but if at
some point in time we wanted this ability we could...
Councilman Goedert-page 10 "Town shall indicate approval or disapproval" don't they have to abid by all
our rules ?
Attorney Dusek-Village concerned a. what to be sure they get all our laws b. once they have laws drafted
he wanted our approval of the laws so he knows he is consistent with our laws.
Councilman Goedert-Page 12 Item 3 the village shall pay all billings within _day of the date of
bill...
Attorney Dusek-have not gotten a date at this point...
Councilman Goedert-Page 167.02 the town shall inspect the water quality in both the transmission lines
and the storage facilities within the town?
Attorney Dusek-Before it had us inspecting lines and facilities everywhere including the Village of Hudson
Falls, our intent is to cut our responsibility at the Town Line.
Councilman Goedert-Page 18 the excess if they go over the million used isn't six months over that amount
a little long?
Water Supt. Flaherty-In reality I do not think it is, by the time you get everything done.
Councilman Goedert -Questioned when the 20% was charged?
Attorney Dusek-After the six month period.
Up to the six month they would pay 10% after six months 20%.
Councilman Goedert-Page 20 12.01 new verbiage they are going to pay for the water in the 20th year 180
days prior to the end of the term, is that going to be an estimate payment?
Attorney Dusek-This is similar to the clause that was in there before... best available
information..suggested they follow the same format that they pay within so many days of what they are
billed.
Supervisor Champagne-Re: Buy back is everyone in agreement..
Board-yes
Supervisor Champagne-Page 21 indenmification-
Councilman Monahan-Questioned where does this leave us if there is pollution in their lines?
Attorney Dusek-could take out the indemnification clause, but make it clear that the village is responsible
for everything that goes on, on your side of the line...
Supervisor Champagne-Is cost of enforcement agreed to?
Board-agreed
Attorney Dusek-reviewed changes: page 12 get a number an bring it back to you... page 18 when the
$100,000 is payable, we need to get that date ... page 19 delete the top line... page 20 under term, rewrite
the 180 and put in as they pay all the other bills... page 21 we will take out indemnification clause and draft
language making it clear the village is responsible for everything on their side of the line... page 25 delete
cost of enforcement clause...
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 492.95
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to
discuss 1. collective bargaining grievance 2. matter relating to personnel and attorney client advice 3.
matter of personnel and involves attorney client advice 4. matter relates to land acquisition and discussion
may affect cost of the property information attorney client privilidge and also may lead to the hiring of
individual 5. personnel issue-grievance
Duly adopted this 11th day of September, 1995 by the following vote:
AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION ADJOURNING EXECUTIVE SESSION
RESOLUTION NO. 493.95
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
RESOLVED, that the Town Board of the Town of Queenbury hereby adjourns executive session.
Duly adopted this 11th day of September, 1995 by the following vote:
AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION RETAINING SERVICES OF APPRAISER
RESOLUTION NO. 494.95
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board has reviewed with the Town Attorney the purchase of property for the Water
Treatment Plant and following such review is in agreement that appraisal services of Jim Beaty Appraisals
should be obtained and
WHEREAS, Mr. Beaty has offered to perform appraising services in an amount not to exceed Five
Hundred Dollars ($500.00)
NOW, THEREFORE BE IT
RESOLVED, the Town Board of the Town of Queensbury hereby approves the retention of services of
Beaty Appraisals for purposes of conducting an appraisal of certain property owned by Niagara Mohawk
Power Corporation at a cost not to exceed Five Hundred ($500.00) dollars and to be paid for from the
appropriate water treatment plant expansion account.
Duly adopted this 11th day of September, 1995 by the following vote:
AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 495.95
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
RESOLVED, that the Town Board of the Town of Queensbury continue its Executive Session as listed
above.
Duly adopted this 11th day of September, 1995 by the following vote:
AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION ADJOURNING MEETING
RESOLUTION NO. 496.95
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and
Regular Meeting.
Duly adopted this 11th day of September, 1995 by the following vote:
AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES: None
ABSENT: None
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk- Queensbury