1995-11-06
TOWN BOARD MEETING
NOVEMBER 6, 1995
7:00 P.M.
MTG #58
RES 552-570
BOARD MEMBERS PRESENT
SUPERVISOR FRED CHAMPAGNE
COUNCILMAN BETTY MONAHAN
COUNCILMAN THEODORE TURNER
COUNCILMAN CONNIE GOEDERT
COUNCILMAN CAROL PULVER
TOWN ATTORNEY
PAUL DUSEK
TOWN OFFICIALS
Tom Flaherty, Water Superintendent
Ralph VanDusen, Deputy Water Superintendent
Jim Martin, Executive Director of Community Development
Cathy Geoffroy, Comptroller
PRESS: Glens Falls Post Star
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN PULVER
RESOLUTIONS
RESOLUTION APPROVING FIRE COMPANY EQUIPMENT PURCHASE
RESOLUTION NO. 552, 95
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc.,
have entered into an agreement for fire protection services dated December 30, 1994, and such agreement
is still in full force and effect, and
WHEREAS, said agreement sets forth a number of terms and conditions, including an agreement
that the Fire Company would not purchase or enter into any binding contract to purchase any piece of
apparatus, equipment, vehicles, real property, or make any improvements thereon, that would require the
Fire Company to acquire a loan or mortgage, without prior approval of the Town Board of the Town of
Queensbury, and
WHEREAS, the Treasurer of the Queensbury Central Volunteer Fire Company, Inc., has indicated
the Company's desire to purchase a 1995 HME Chassis - Salisbury Body Fire Truck, for the approximate
sum of $204,000.00, and
WHEREAS, it is the understanding of the Town Board of the Town of Queensbury that a portion
of the sum of money, not to exceed $30,000., involved for the purchase will be funded through a loan
agreement to be executed with a local banking institution,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves the purchase of
the 1995 HME Chassis - Salisbury Body Fire Truck for the approximate sum of $204,000.00 by the
Queensbury Central Volunteer Fire Company, Inc., provided, however, that the Town Board of the Town
of Queensbury shall not and does not, by this resolution, create or intend to create any assumption on the
part of the Town of Queensbury of any obligation or liability for the financing referred to herein.
Duly adopted this 6th day of November, 1995, by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver,
Mr. Champagne
NOES : None
ABSENT: None
Councilman Monahan noted that the thirty thousand dollars is the only part of that purchase price that will
be financed.
RESOLUTION AUTHORIZING MODIFICATION NO.2 -
ADDITIONAL ASBESTOS REMOVAL REGARDING CONTRACT NO. 31A -
WATER TREATMENT PLANT EXPANSION
RESOLUTION NO. 553, 95
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, the Town Board of the Town of Queensbury previously authorized and approved the
expansion of the Water Treatment Plant, including, as part of that expansion, Contract No. 31A, General
Construction, and
WHEREAS, O'Brien & Gere Engineers, Inc., in their letter dated October 25, 1995, recommends
Modification NO.2 consisting of the following scope of work:
Modification NO.2 consists of increasing the asbestos floor removal limits to include all the
existing flooring rooms as shown on Sheet A-2; chief operator's room, map room, office, janitor closet,
women's room, men's room, training conference room, storage room, laboratory, lunch room, locker room
and connecting hallways. Resilient tile flooring shall be installed in all the areas noted above;
and
WHEREAS, U. W. Marx, Inc., General Contractor for Contract No. 31A, has offered to perform
the work of Modification NO.2 in the amount of $15,208.,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the
modification described in a letter dated October 25, 1995 from O'Brien & Gere Engineers, Inc., and set
forth hereinabove, said modification to be in the amount of $15,208., and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is hereby authorized to execute, on behalf of the Town of
Queensbury, any change orders or other documents that are necessary to accomplish the intent and
purposes of this resolution.
Duly adopted this 6th day of November, 1995, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan,
Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING THE RETENTION OF CTM LABORATORIES
FOR WATER TESTING AND SAMPLING AT THE
TOWN OF QUEENSBURY LANDFILL
RESOLUTION NO. 554, 95
INTRODUCED BY: Mr. Theodore Turner
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 CTM Analytical Laboratories 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 CTM Analytical Laboratories for the purpose of water sampling and testing as may be
required at the Landfill at a sum not to exceed $ 6,860.00, 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 6th day of November, 1995, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner
Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION TO SET PUBLIC HEARING
ON APPLICATION FOR REVOCABLE PERMIT TO
LOCATE MOBILE HOME OUTSIDE A MOBILE HOME PARK
RESOLUTION NO. 555, 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. Marjorie Johnson and Ms. Kelly Sprague have filed an application in accordance
with Section 113-12B(3) of the Code of the Town of Queensbury, requesting a revocable license for the
placement of a mobile home outside of a mobile home park and on certain property at 3 Columbia Avenue,
Queensbury, New York, said property bearing the tax map number 117-7-11, and
WHEREAS, in accordance with the provisions of Section 113-12 of the Code of the Town of
Queensbury, the Town Board of the Town of Queensbury has determined it appropriate to hold a public
hearing regarding said application,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, without making a decision or
passing upon, at this time, whether a revocable license should or is appropriately issued, does determine
that the application is in accordance with Chapter 113 of the Code of the Town of Queensbury and sets
forth facts of hardship or extenuating circumstances sufficient to justify consideration and a public hearing
on the application, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on
November 20th, 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 filed by Ms. Kelly Sprague and Ms.
Marjorie Johnson and, at that time, to hear all persons interested, and
BE IT FURTHER
RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed
to give notice of such public hearing by publishing the same once in an official newspaper and by posting a
copy thereof on the bulletin board at the office of the Town Clerk and by mailing a copy thereof to the
Chairman of the Town Planning Board, all at least ten (10) days prior to the date of such hearing.
Duly adopted this 6th day of November, 1995, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert,
Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION RETAINING FRASER CONSULTING ENGINEERS
RESOLUTION NO. 556, 95
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury previously authorized the retention of
the services of Fraser Consulting Engineers to provide geotechnical and engineering services regarding the
analysis of surface and subsurface drainage in the area in and around Phase III of the Queensbury Forest
Subdivision, and
WHEREAS, as a result of the services performed by Fraser Consulting Engineers, it has been
determined, among other things, that a study of Queen Victoria's Grant's stormwater system should also be
conducted to determine the feasibility of utilizing the stormwater disposal system for Queen Victoria's
Grant, and
WHEREAS, the Homeowners Association for Queen Victoria's Grant has agreed and provided the
Town with a license to conduct the investigation hereinbefore suggested, and
WHEREAS, Fraser Consulting Engineers has offered to perform the aforesaid services, consisting
of a geotechnical investigation, stormwater runoff analysis, survey and report, for the total sum of
$10,594.00,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Supervisor be, and hereby is, authorized and directed to enter into an
Agreement which supplements and/or amends the original Agreement entered into between the Town of
Queensbury and Fraser Consulting Engineers for services performed in connection with the Queensbury
Forest Subdivision (Phase III), such that the scope of services is modified to provide for a geotechnical,
stormwater runoff analysis, survey and report concerning the Queen Victoria's Grant Subdivision
stormwater drainage system, at a cost not to exceed $10,594.00, to be paid for from Account #01-8540-
4400, and
BE IT FURTHER
RESOLVED, that the supplemental and/or amended Agreement between the Town of Queensbury
and Fraser Consulting Engineers shall be in a form to be approved by the Town Attorney, and
BE IT FURTHER
RESOLVED, that this Resolution and expenditure of funds is authorized pursuant to Town Law ~
64 (11A) and the work and expenditures authorized herein is subject to a permissive referendum in
accordance with the Town Law of the State of New York, and the Town Clerk is hereby authorized to
arrange for publication of a copy of this Resolution as the notice required by said Town Law.
Duly adopted this 6th day of November, 1995, by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver,
Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING THE CLOSING OF A CERTAIN
CAPITAL PROJECT FUND
AND TRANSFERRING THE BALANCE TO THE GENERAL FUND #01
RESOLUTION NO. 557,95
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Comptroller of the Town of Queensbury recommends that the following
capital project fund is no longer needed: Fund #80 - State Police Building (approximately $10,600), and
WHEREAS, the funds for the capital project initially came from the General Fund (#01),
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, hereby directs and authorizes the
following capital project fund to be closed and that any remaining fund balance be transferred to the
General Fund: Fund #80 - State Police Building (approximately $10,600.).
Duly adopted this 6th day of November, 1995 by the following vote:
AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan,
Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING THE CLOSING OF A CERTAIN
CAPITAL PROJECT FUND
AND TRANSFERRING THE BALANCE TO THE
RECREATION ASSESSMENT RESERVE FUND #61
RESOLUTION NO. 558, 95
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Comptroller of the Town of Queensbury recommends that the following
capital project fund is no longer needed: Fund #85 - Gurney Lane (approximately $35,500.), and
WHEREAS, the funds for the capital project initially came from the Recreation Assessment
Reserve Fund (#61),
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, hereby directs and authorizes the
following capital project fund to be closed and that any remaining fund balance be transferred to the
Recreation Assessment Reserve Fund (#61): Fund #85 - Gurney Lane (approximately $35,500.).
Duly adopted this 6th day of November, 1995 by the following vote:
AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner,
Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING THE CLOSING OF A CERTAIN
CAPITAL PROJECT FUND
AND TRANSFERRING THE BALANCE TO THE
QUEENSBURY CONSOLIDATED WATER DISTRICT FUND #40
RESOLUTION NO. 559,95
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Comptroller of the Town of Queensbury recommends that the following
capital project fund is no longer needed: Fund #97 - Water Administration Building (approximately
$76,500.), and
WHEREAS, the funds for the capital project initially came from the Queensbury Consolidated
Water District Fund (#40),
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, hereby directs and authorizes the
following capital project fund to be closed and that any remaining fund balance be transferred to the
Queensbury Consolidated Water District Fund (#40): Fund #97 - Water Administration Building
(approximately $76,500.).
Duly adopted this 6th day of November, 1995 by the following vote:
AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert,
Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF ASSESSMENT LITIGATION
GLENS FALLS COUNTRY CLUB, INC.
RESOLUTION NO. 560, 95
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, adopted in
February of 1995, authorized the settlement of the assessment litigation for the years 1993 and 1994 in the
Matter of Glens Falls Country Club, Inc., v. Helen Otte, et aI., with the new assessed value to be in the
amount of $840,000., and
WHEREAS, litigation was commenced for the 1995 year as the settlement had not been concluded
for the previous two years, and therefore, the Town Board feels that it is appropriate to extend the
settlement for the 1993 and 1994 years to 1995,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves a
settlement of the assessment litigation for the year 1995 in the Matter of Glens Falls Country Club, Inc., v.
Helen Otte, et aI., tax map no.: 67-2-11.31, the new assessed value to be in the amount of $840,000.
Duly adopted this 6th day of November, 1995, by the following vote:
AYES
Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES
None
ABSENT:
None
ABSTAIN:
Mrs. Pulver
RESOLUTION RETAINING LEGAL SERVICES OF HODGSON, RUSS,
ANDREWS, WOODS & GOODYEAR
RESOLUTION NO. 561, 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 been advised that the assistance of
bond counsel is necessary in connection with the issuance by the Town of bonds for proposed New York
State Environmental Facilities Corporation (EFC) refinancing, and
WHEREAS, Hodgson, Russ, Andrews, Woods & Goodyear has offered to provide such services
with their fee for services as bond counsel to the Town being capped at $12,000.00, to be paid at the
closing of the sale of the bonds, with disbursements being billed, and, in the event that the Bonds are not
issued, they would agree to cap their fees for legal services at $5,000.00, and
WHEREAS, Hodgson, Russ, Andrews, Woods & Goodyear are currently performing services for
the Town in connection with a bond issue,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of
the services of Hodgson, Russ, Andrews, Woods & Goodyear, and more specifically, the services of A.
Joseph Scott, III, Esq., of that firm, for purposes of assisting in the issuance by the Town of bonds for
proposed New York State Environmental Facilities Corporation (EFC) refinancing, and
BE IT FURTHER,
RESOLVED, that the cost of such legal services shall not exceed the sum of $12,000., without
further authorization of the Town Board, and
BE IT FURTHER,
RESOLVED, that the services of Hodgson, Russ, Andrews, Woods & Goodyear, shall be paid for
from Account No.: 01-1420-4130, with appropriations of $12,000. to be transferred from the Contingency
Account No.: 01-1990-4400.
Duly adopted this 6th day of November, 1995, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan,
Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION TO AMEND 1995 BUDGET
RESOLUTION NO. 562, 95
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
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
BUILDING & GROUNDS:
FROM:
TO:
$ AMOUNT:
01-1620-4400
(Misc. Contractual)
01-1620-4400-0024
(Misc. Contractual -
Town Court)
3,000.
CEMETERY:
FROM:
TO:
$ AMOUNT:
02-8810-4400
(Contractual)
02-8810-4100
(Telephone)
50.
COMMUNITY DEVELOPMENT - FIRE MARSHAL:
FROM:
TO:
$ AMOUNT:
001-3410-4090
(Conference Expense)
01-8020-4120
(Printing)
COMPTROLLER:
FROM:
001-1990-4400
(Contingency)
WASTEWATER:
FROM:
031-8120-4300
(Utilities)
032-8130-4425
(Sewer Charges, G.F.)
034-8120-4400
(Misc. Contractual
Sanitary Sewers)
WATER:
FROM:
40-8320-2899
(Cap. Contr.)
40-8340-2020
(Vehicles)
40-8330-4280
(Caustic Soda)
40-8340-2899
(Cap. Contr.)
40-8340-2001
(Misc. Equip.)
and
BE IT FURTHER,
001-3410-4040
(Dues & Registrations)
01-8020-4080
(Advertisement)
TO:
001-1315-4010
(Office Supplies)
TO:
031-8130-4400
(Misc. Contractual)
032-8120-1570-0002
(Maintenance II-Proj. Overtime)
034-8130-4400
(Misc. Contractual
Treatment & Disposal)
TO:
40-8320-4300
(Utilities)
40-8320-4300
(Utilities)
40-8320-4300
(Utilities)
40-8320-4300
(Utilities)
40-8320-4300
(Utilities)
$ 95.
23,500.
7,500.
5,000.
23,000.
RESOLVED, that the 1995 Town Budget is hereby amended accordingly.
Duly adopted this 6th day of November, 1995, by the following vote:
200.
$ AMOUNT:
400.
$ AMOUNT:
600.
500.
77.11
$ AMOUNT:
1,000.
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner,
Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION ESTABLISHING POLICY CONCERNING
USE OF TOWN VEHICLES
RESOLUTION NO. 563, 95
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury is desirous of adopting a policy
concerning the use of Town vehicles by employees when responding to fire and/or other emergency calls,
as members of Volunteer Fire Companies and/or Emergency Squads servicing the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby establishes the following
policy and/or rule with regard to the use of Town vehicles:
When Town vehicles are used to respond to Volunteer Fire Department calls or Emergency Squad
calls for assistance, the employee operating the Town vehicle shall not use and shall not install or add to the
vehicle, lights, flashing lights, and/or sirens, or other devices commonly not present on the vehicle or
authorized as part of its use as a Town vehicle.
Duly adopted this 6th day of November, 1995 by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert,
Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION TO APPOINT MEMBER TO ZONING BOARD OF APPEALS
RESOLUTION NO. 564, 95
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, the Town of Queensbury has previously established the Zoning Board of Appeals,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Bonnie Lapham to
serve as a member of the Zoning Board of
Appeals, to fill the unexpired term of Anthony Maresco, said term
to expire on 12/31/95.
Duly adopted this 6th day of November, 1995, by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver
Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION AMENDING RES. 86, 95 CONCERNING
RETENTION OF URBACH, KAHN & WERLIN, P.e.
RESOLUTION NO. 565, 95
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 86, 95
which authorized the retention of the services of Urbach, Kalm & Werlin, P.e., to perform accounting
services for the Town's Fire and Rescue Companies, and
WHEREAS, an amount of $14,500. was allocated in said resolution for the accounting services,
and
WHEREAS, the Town Board of the Town of Queensbury has been advised that the amount for the
accounting services has come to $17,500., rather than $14,500.,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 86,
95, such that the cost of the services provided by Urbach, Kalm & Werlin, P.e., is not to exceed $17,500.,
rather than $14,500.
Duly adopted this 6th day of November, 1995, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES Mr. Turner
ABSENT: None
ABSTAIN: Mrs. Goedert
RESOLUTION APPOINTING JOEL R. CLUGSTONE TO
PROBATIONARY CIVIL SERVICE STATUS
RESOLUTION NO. 566, 95
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, the Town Board of the Town of Queensbury has heretofore created the position of
Assistant Building and Zoning Enforcement Officer, and advertised for said position at a starting, annual
salary of $23,500.00,
WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 171,95, appointed
Mr. Joel R. Clugstone provisionally to said position, and set a provisional salary, until such time as Mr.
Clugstone successfully completed the Code School Courses and passed the Civil Service Examination, and
WHEREAS, Mr. Joel R. Clugstone has successfully completed the Code School Courses, and has
scored second place on the Civil Service examination for the Assistant Building and Zoning Enforcement
Officer position,
NOW, THEREFORE, BE IT
RESOLVED, that Mr. Joel R. Clugstone be hereby appointed to the position of Assistant Building
and Zoning Enforcement Officer, and accordingly, that his salary be amended to reflect the advertised
annual salary of $23,500, and that he be given probationary status, with an eight month probationary period
to commence on the date of this resolution, in accordance with the Civil Service laws, rules, and
regulations of the State of New York, Warren County, and Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is hereby authorized to complete any civil service forms
that may be necessary to effectuate the terms and provisions of this resolution.
Duly adopted this 6th day of November, 1995, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner,
Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION ABANDONING A PORTION OF WATER MAIN CROSSING
PROPERTY BEARING TAX MAP NO.: 74.-1-37.1
RESOLUTION NO. 567,95
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, subsequent to the establishment of the Queensbury Water District, the same
including the Warren County Municipal Center and West Mount, the County, indicating it was the owner
of a 6" main which served West Mount, and a main under the Northway serving the Municipal Center, by
resolution no. 51, resolved as follows:
RESOLVED, that the aforesaid mains and any other existing mains in the Queensbury Water
District be and the same hereby are turned over to the Town of Queensbury, acting for and in behalf of the
Queensbury Water District, for operation, maintenance and repair as soon as the construction of the
improvements in the Queensbury Water District has progressed to the point where such mains can be
incorporated into and made a part of the water distribution system. "
and
WHEREAS, property records indicate that the County of Warren had previously received a
conveyance allowing the placement and maintenance of the aforedescribed water pipes from Frank Cusson,
Francis Laundre, and Elizabeth Laundre, his wife, by deed dated 1928, but no deed has been found which
formally conveyed the easement area to the Town of Queensbury, and
WHEREAS, according to information received by the Town Board, the aforedescribed water
mains were used for a number of years by the Queensbury Water District, but subsequently, the main was
cut on both sides of the property bearing tax map number: 74.-1-37.1 (Holtz' property) and was no longer
used, a new main being laid along the new West Mountain Road to replace it, and
WHEREAS, Ms. Holtz, owner of the property bearing tax map no.: 74.-1-37.1, has requested that
the Town of Queensbury abandon the pipe and Town rights across her property, since it no longer needs the
same, and it is believed that the Warren County Resolution and Deed referred to hereinabove included that
pipe and area for which Ms. Holtz has requested abandonment, and
WHEREAS, the Superintendent of the Town of Queensbury Water Department has advised that
the portion of main crossing the Holtz' property is of no value to the Queensbury Water System, and has
recommended that the same be abandoned, but that the pipes and rights in the easement on either side of
the property be retained, due to the current configuration of the water system, and the fact that the same
may be usable in the future, and
WHEREAS, Town Law ~198(12) provides that real or personal property owned by, but not
required for purposes of any improvement district, may be sold or leased by the Town Board, provided
however, that with respect to property sold or leased having a value in excess of $1,000., a public hearing
shall be held,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, reviewing all of the facts and
circumstances concerning the water pipe proposed to be abandoned, and any rights that the Town has in the
easement affecting or existing on Ms. holtz' property for the pipe crossing the property bearing Tax Map
No.: 74.-1-37.1 (the Holtz property), hereby determines that the same is not required for purposes of the
water district or for any other Town purposes, and hereby further determines that sale of the same would be
impractical, as the old pipe and any rights the Town may have in the easement area across only the Holtz
property, would not appear to be of any value or of sufficient value to warrant costs associated with any
attempt to sell the same, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby determines that under the
circumstances, it is fiscally prudent to simply abandon the pipeline and any rights it may have in the
easement across only the Holtz property, and does so by this resolution.
Duly adopted this 6th day of November, 1995 by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES Mrs. Goedert
ABSENT: None
ATTORNEY MATTERS
Attorney Dusek noted there is a couple of matters for Executive Session.
COMMUNICATIONS
Deputy Town Clerk Barber read into record the following letter addressed to the Town Board:
I have recently learned that Mr. John Brock, owner of the Mooring Post Marina is still receiving
opposition to upgrading his operation. As Town Board members you represent the townspeople but also
have the duty of being Town Fathers. As such, I am extremely disappointed in the performance of the
board in dealing with Mr. Brock. The fact that this business predates most of the other buildings in the area
appears to have no merit. So much for tradition. Mr. Brock took down his building in good faith based
upon direction from the town, now, Mr. Brock may be forced to defend himself for improving his site. The
town should now act in their "best faith" and simply approve the request.
John Brock is one of us. A well established, respected and hardworking businessman with a
business that I would like to stay in town. Should litigation arise, I hope that the parties involved, not the
town, foot the bills for any ridiculous legal wrangling. The majority of the people in this town would rather
not pay taxes for others legal defense.
I ask again the Town simply rule for what is best for the community. We need as many content
businessmen in this town as we can. To continually target Mr. Brock when he is trying to simply improve
his facility is ludicrous and reflects poorly on both the town board and the townspeople.
Queensbury needs to be a leader in welcoming business to the area. This heavy handed,
isolationist approach can only foster bad feelings with the town and be a no-win situation for all.
signed Bill and Penny Black
dated November 3, 1995
(on file in the clerk's office)
Councilman Monahan recommended that the Town Attorney respond to the letter explaining this is not a
Town Board matter but rather a Zoning Board matter and that we're out of the picture. I think these people
should know the proper avenue, and we're not the proper avenue.
Attorney Dusek noted that he would draft a letter and prepare for the board's review for their next
workshop.
DISCUSSIONS
Dave Hodgson, representing the Environmental Committee updated the Town Board on the progress of the
NYS DOT Icetea Enhancement Program Application. Noted the application deadline is December 11th
and would like to schedule a public informational meeting to obtain public comment prior to the deadline.
Town Board held discussion regarding scheduling workshops, no decision made.
Executive Director, Mr. Martin noted that the Lake George Park Commission has their proposed
regulations out and the comments are due by November 8th and would like the board to ask for an
extension of the comment period.
Town Board held discussion and the following resolution was proposed:
RESOLUTION REQUESTING EXTENSION OF COMMENT PERIOD
RESOLUTION NO. 568, 95
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury has received notice that the comment
period on the Lake George Park Stormwater Management Program is set to expire November 8th, 1995,
and
WHEREAS, the Town Board feels that it would be appropriate and would like to request an
extension of the comment time for a period of thirty days,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town
Supervisor to draft a letter and request that the comment period on the Lake George Park Stormwater
Management Regulations be extended until December 8th, 1995.
Duly adopted this 6th day of November, 1995, by the following vote:
AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver,
Mr. Champagne
NOES: None
ABSENT: None
OPEN FORUM
7:55 P.M.
Mr. Dave Welch, Chairman of the Environmental Committee updated the board regarding the cleanup of
the PCB situation. I received a letter from Pete Momoe of Nimo today explaining that they were waiting
for DEC to issue an order and that order has been submitted effective October 10th. Nimo has a hundred
and twenty days to submit back a remedial plan of action. Their plan right now is to reenact some
discussion after the first of the year but he indicates that they're planning to begin their work during the
spring of next year and complete it within one season.
Dorothy Burnham, Boulderwood Drive-Noted, that the Town Board received a letter today from Mr. and
Mrs. Davidson and herself regarding the situation on Pickle Hill Road. My point tonight is to ask you this
time, please do not drop the ball, follow through, get something done out there. The condition continues to
worsen.
Logs are brought in daily, more trucks, equipment, junk, stumps, everything, brought in almost daily.
Enormous increase in the amount of truck traffic there. I would hope that you could find the time to take
care of this before the sixty day limit is over. It's already past halfway. I just can not emphasis enough,
what is going on in that neighborhood. It's totally inappropriate, it's totally uncalled for. Please, see that
this is taken care of this time.
Councilman Monahan noted that she has been by there quite a bit recently and is aware of what's she
speaking of. Also noted concern with what's going on across the road. Requested that Jim's Department
monitor the situation with photographs and video.
Executive Director, Mr. Martin noted that they are monitoring the situation and will continue.
Ms. Burnham referred to the increase in large truck traffic and questioned the town's legal position
regarding posting the road against large truck traffic and the procedure involved.
Attorney Dusek noted there's certain criteria that is set up in the vehicle and traffic law to post roads. We
can see if there's justification for such a posting and if there is, more then likely it would be done by way of
local law, setting a public hearing and passing a local law. It wouldn't be difficult to check that out if the
board would like to have an answer to that.
Mr. Tim Brewer, Candleberry Drive spoke to the Town Board regarding the Open Space Institute not being
able to fulfill their contract this year and requesting for a year extension. Questioned whether the board
would schedule a meeting with a representative from the Open Space Institute to answer some questions
from the public regarding their plans and the time table involved.
Executive Director, Mr. Martin agreed to contact them to schedule a meeting.
OPEN FORUM CLOSED
8: 10 P.M.
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 569,95
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mrs. Betty Monahan
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session
and enters Executive Session to discuss one matter of Assessment Litigation, Mr. Wood, one matter to
discuss property values that the discussion could have an impact on the value that the town would pay for
properties seeking to acquire and also attorneylclient privilege information contained in that discussion and
one matter of litigation involving Mr. Salvador.
Duly adopted this 6th day of November, 1995, by the following vote:
AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan,
Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION TO RECONVENE AND ADJOURN MEETING
RESOLUTION NO. 570, 95
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mrs. Betty Monahan
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn from Executive
Session and Regular Session of Town Board.
Duly adopted this 6th day of November, 1995, by the following vote:
AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner,
Mr. Champagne
NOES: None
ABSENT: None
No further action taken.
RESPECTFULLY SUBMITTED,
DARLEEN M. DOUGHER
TOWN CLERK-QUEENSBURY