1996-06-03
REGULAR TOWN BOARD MEETING
JUNE 3, 1996
7:00 p.m.
MTG.#22
RES. 243-260
BOH. 11-12
TOWN BOARD MEMBERS PRESENT
Supervisor Fred Champagne
Councilman Betty Monahan
Councilman Theodore Turner
Councilman Connie Goedert
Councilman Carol Pulver
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GOEDERT
Supervisor Champagne-Opened the meeting
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 243. 96
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 the Queensbury Board
of Health.
Duly adopted this 3rd. day of June, 1996 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 VARIANCE FROM
SANITARY SEW AGE DISPOSAL ORDINANCE FOR DANIEL PAQUIN
RESOLUTION NO.: 11,96
INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local
Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of
Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and
WHEREAS, Mr. Daniel Paquin has applied to the Local Board of Health of the Town of
Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal
Ordinance set forth in Chapter 136, Appendix A, such application requesting that there be a 112 feet
distance between the seepage pit and his well and a 145 feet distance between the seepage pit and his
neighbor's well, in lieu of the required 150 feet distance(s),
NOW, THEREFORE, BE IT
RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public
hearing on June 17th, 1996, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to
persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to
consider the application for a variance of Mr. Daniel Paquin to allow a 112 feet distance between the
seepage pit and his well and a 145 feet distance between the seepage pit and his neighbor's well, in lieu of
the required 150 feet distance(s), on property situated at Lot 38 Country Colony Drive, Town of
Queensbury, New York, and bearing Tax Map No.: Section 47, Block 1, Lot 1.32, 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, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and
provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said
Public Hearing Notice to the adjoining neighbors.
Duly adopted this 3rd day of June, 1996, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 12.96
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting of the
Queensbury Board of Health and moves into Regular Town Board session.
Duly adopted this 3rd. day of June, 1996 by the following vote:
AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTIONS
RESOLUTION TO SET PUBLIC HEARING
ON PROPOSED AMENDMENT TO ZONING ORDINANCE -
REGARDING PETITION FOR CHANGE OF ZONE OF
MICHAEL 1. V ASILIOU, INC.
RESOLUTION NO.: 244.96
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Theodore Turner
WHEREAS, certain property lying and existing within the Town of Queensbury and bearing Tax
Map Identification No.'s: 73-1-23, 73-1-22.1, 73-1-22.3, 73-1-22.4, 73-1-22.5, 73-1-22.6, 73-1-22.7, and a
portion of73-1-21, is located in the vicinity of Aviation Road and the Queensbury Union Free School
District, and is currently zoned RR-3A (Rural Residential - 3 Acres), hereinafter referred to as the "Project
Site," and
WHEREAS, Michael 1. Vasiliou, Inc., hereinafter referred to as the "Developer," has requested
that the Town of Queensbury change or modify the zoning to allow the development of a multi-faceted
project consisting of III single family lots, 9 multi-family lots (18 duplex units), 7.1 acres for senior
apartments (61 units), and a 1 acre site for a community service, day care, medical office, hereinafter
referred to as the "Project," and
WHEREAS, the Town Board of the Town of Queensbury feels that it would be appropriate to
consider modification of the zone in the area (Project Site) to allow the Project, provided that the Project is
developed as an appropriately conditioned Planned Unit Development, in accordance with the provisions of
the Town of Queensbury Zoning Ordinance, and
WHEREAS, the Town Board of the Town of Queensbury preliminarily determines that, assuming
that the development occurs as proposed, the rezoning proposal is worthwhile to consider since:
1. The project would initially appear compatible with the area;
2. The project would appear to cause or further development in the area that is positive;
3. Public and private utilities and facilities are available in the area to service the project;
4. The school would appear to be benefitted by the project; and
5. Aviation Road will soon be widened as part of an effort by New York State to widen the
bridge over the Adirondack Northway, and available to serve the area;
and
WHEREAS, the proposed project is consistent with the following goals and strategies from the
Town Comprehensive Land Use Plan dated May, 1989, which makes reference to encouraging expansion
of the regional water service, encouraging the provision of open space through the use of a clustered
subdivision design, encouraging increased density where municipal service is available, the need for the
provision of senior housing, and
WHEREAS, the Town Board of the Town of Queensbury determines that the appropriate manner
in which to initiate the rezoning process, in consideration of the Project, would be to consider amending,
supplementing, changing, and/or modifying the existing RR-3A (Rural Residential- 3 Acres) zoning of the
Project site to SR-20 (Suburban Residential- 20,000 Square Feet) and MR-5 (Multi-Family Residential-
5,000 Square Feet), subject to the conditions that the new zoning designations shall not take effect, and that
no building permit shall be issued and no construction shall occur as may be allowed under or in an SR-20
(Suburban Residential - 20,000 Square Feet) or MR-5 (Multi-Family Residential- 5,000 Square Feet) zone
of the Town of Queensbury, until the developers, owner(s) or other persons or companies with a legal or
equitable interest in the project site, and in any or all of the parcels subject to the rezoning obtain a Planned
Unit Development designation for the entire Project site (all parcels of land covered by the rezoning) in
accordance with the process set forth in the Zoning Ordinance for the Town of Queensbury, and
WHEREAS, on or about December 27, 1995, the Town Board of the Town of Queensbury
adopted a resolution authorizing the submission of a request for rezoning of certain property owned by
Michael 1. Vasiliou, Inc., Tax Map No.s: 73-1-23, 73-1-22.1, 73-1-22.3, 73-1-22.4, 73-1-22.5, 73-1-22.6,
73-1-22.7, and a portion of73-1-21, located in the vicinity of Aviation Road and the Queensbury Union
Free School, in the Town of Queensbury , to Planned Unit Development, to the Planning Boards of the
Town of Queensbury and Warren County for recommendation, and
WHEREAS, on or about the 14th day of May, 1996, the Planning Board for the Town of
Queensbury adopted a resolution whereby it
recommended a favorable report for the PUD to the Town Board with the condition that the single family
lots be sized at a minimum of one-half acre, and
WHEREAS, the Town Board of the Town of Queensbury, as the legislative body for the Town, is
also the agency which oversees and reviews the Planned Unit Development application and review, and
WHEREAS, the Warren County Planning Board has reviewed the project and has consented to the
Town Board of the Town of Queensbury being the lead agency for SEQRA review purposes, and is in the
process of reviewing the project, and
WHEREAS, in order to amend, supplement, change, or modify the Town Zoning Ordinance and
map, it is necessary pursuant to Town Law ~265 and the Town of Queensbury Zoning Laws to hold a
public hearing prior to adopting said proposed amendment, and
WHEREAS, the applicant has submitted as part of the PUD application, a site plan bearing a
revision date of April 1, 1996, which indicates a Town Park of 8.79 acres in area which is to be dedicated
to the Town, and
WHEREAS, the site plan revised on April 1, 1996 indicates that 52.76 acres ofland will be
preserved as a conservation area in order to restrict further development and protect its ecological qualities,
and
WHEREAS, the site plan revised on April 1, 1996 indicates that portions oflots 12-17, 18-24,51-
63, 65-70, 93-96, and III will include deed references to cutting restrictions, and
WHEREAS, lots 71-85 as shown on the site plan bearing a revision date of April 1, 1996 will
have a "no build" area in the rear-yard of each lot which measures at least forty feet (40') in depth,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the
applicant for the proposed rezoning has submitted a revised Part I Full Environmental Assessment Form,
and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at
which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to
a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning
Ordinance and Map described in the preambles of this resolution, and
BE IT FURTHER,
RESOLVED, that said public hearing shall be held on June 17th, 1996, 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 give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes
of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the
Clerk's Office said notice, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Executive Director of Community Development to ascertain a list of the names and addresses of all
property owners within 500' of the area to be rezoned, and further authorizes and directs the said Executive
Director to arrange for notification of the proposed rezoning to all said property owners that a public
hearing will be held, mailing to said owners a copy of the Notice of Public Hearing presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that
the Executive Director of Community Development to send the Developer's application and a copy of this
resolution, together with all other appropriate materials, to the Warren County Planning Board in
compliance with General Municipal Law ~239-m, and
BE IT FURTHER,
RESOLVED, that the Executive Director is also hereby authorized and directed to send notice of
the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, and such other
communities or agencies that it is necessary to give written notice to pursuant to ~265 of the Town Law of
the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of
New York.
Duly adopted this 3rd day of June, 1996, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION SETTING DATE FOR PUBLIC HEARING ON
INDIAN RIDGE PLANNED UNIT DEVELOPMENT
RESOLUTION NO.: 245.96
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, on or about March 29, 1996, Michael 1. Vasiliou, Inc., submitted a letter of intent
together with an Environmental Assessment Form with exhibits, and requested that certain parcels of land,
bearing tax map numbers: 73-1-23, 73-1-22.1, 73-1-22.3, 73-1-22.4, 73-1-22.5, 73-1-22.6, 73-1-22.7, and a
portion of73-1-21, located in the vicinity of Aviation Road and the Queensbury Union Free School District
be designated a Planned Unit Development (PUD) in accordance with, and by virtue of, the provisions of
Article 8 of the Zoning Laws of the Town of Queensbury, the same being a part of Chapter 179 of the Code
of the Town of Queensbury, and
WHEREAS, the PUD as proposed would generally consist of III single family lots, 9 multi-
family lots (18 duplex units), 7.1 acres for senior apartments (61 units), and a 1 acre site for a community
service, day care, medical office, and
WHEREAS, on or about the 27th day of December, 1995, the Town Board of the Town of
Queensbury adopted a resolution indicating its desire to be lead agency for SEQRA purposes and
authorizing notification of all other involved agencies that the aforesaid letter of intent and application had
been made, and
WHEREAS, on or about April 15, 1996, the Town Board of the Town of Queensbury adopted a
resolution authorizing the submission of the aforesaid request concerning the Planned Unit Development,
to be submitted to the Town of Queensbury Planning Board for a report and recommendation, and
WHEREAS, on or about the 14th day of May, 1996, the Planning Board for the Town of
Queensbury adopted a resolution whereby it
recommended a favorable report for the PUD to the Town Board with the condition that the single family
lots be sized at a minimum of one-half acre, and
WHEREAS, the Warren County Planning Board has reviewed the project and has consented to the
Town Board of the Town of Queensbury being the lead agency for SEQRA review purposes, and is in the
process of reviewing the revised project, and
WHEREAS, in view of the foregoing, and in accordance with ~179-57 D. of the Code of the
Town of Queensbury, the Town Board of the Town of Queensbury desires to set a date for a public hearing
on the proposed Planned Unit Development, and
WHEREAS, the applicant has submitted as part of the PUD application, a site plan bearing a
revision date of April 1, 1996, which indicates a Town Park of 8.79 acres in area which is to be dedicated
to the Town, and
WHEREAS, the site plan revised on April 1, 1996 indicates that 52.76 acres ofland will be
preserved as a conservation area in order to restrict further development and protect its ecological qualities,
and
WHEREAS, the site plan revised on April 1, 1996 indicates that portions oflots 12-17, 18-24,51-
63, 65-70, 93-96, and III will include deed references to cutting restrictions, and
WHEREAS, lots 71-85 as shown on the site plan bearing a revision date of April 1, 1996 will
have a "no build" area in the rear-yard of each lot which measures at least forty feet (40') in depth,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the
applicant for the Planned Unit Development has submitted a revised Part I Long Environmental
Assessment Form and a number of exhibits, and that as a result of previous notification of agencies
ascertained to be involved in the project, there is no objection to the Town Board of the Town of
Queensbury being lead agency for purposes of SEQRA review, and
BE IT FURTHER,
RESOLVED, as lead agency for the SEQRA review process, the Town Board of the Town of
Queensbury hereby determines that it would be appropriate to wait until after the public hearing in this
matter, prior to making any determination as to whether the project is appropriately granted a positive or
negative declaration, as the Town Board feels that further information may come forth at the time of the
public hearing which would assist the Town Board in making a determination with regard to SEQRA, and
the Town Board also notes that no action can be undertaken or commenced with regard to the project, until
such time as the Town Board shall grant a Planned Unit Development status and that this cannot happen
until after a public hearing, and therefore, setting and holding the public hearing prior to making the
aforedescribed SEQRA determination does not commit the Town to any definite future course of action in
granting a permit or allowing the project, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury determines that it 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 Planned Unit Development identified in the preambles hereof, and
BE IT FURTHER,
RESOLVED, that the said public hearing shall be held on the 17th day of June, 1996, 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 give at least ten (10) days notice of said public hearing by publishing the notice presented at this meeting
for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board
outside the Town Clerk's Office said notice, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Town Community Development Department to ascertain a list of the names and addresses of all property
owners within 500' of the area proposed to be legislated as a Planned Unit Development, and arrange for a
copy of the aforesaid notice to be mailed to all said property owners a minimum of 15 days prior to the
scheduled date of the public hearing, and
BE IT FURTHER,
RESOLVED, that the Community Development Department is also hereby authorized and
directed to give written notice of the public hearing on the proposed Planned Unit Development in
accordance with the written notice presented at this meeting, to be delivered at least ten (10) days prior to
the following: Warren County, by service upon the Clerk of the Board of Supervisors, and such other
communities or agencies that it is necessary to give written notice to pursuant to ~264 or ~265 of the Town
Law of the State of New York, the Zoning Regulations of the Town of Queensbury, and the Laws of the
State of New York, and
BE IT FURTHER,
RESOLVED, that the Community Development Department is also hereby authorized and
directed to give notice of said public hearing on the proposed Planned Unit Development to the Warren
County Planning Agency and the Planning Board of the Town of Queensbury, and to the Adirondack Park
Agency, if necessary, in accordance with the laws, rules and regulations of the State of New York and the
Adirondack Park Agency.
Duly adopted this 3rd day of June, 1996, by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF
MILLER ASSOCIATES
RESOLUTION NO.: 246.96
INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Board of the Town of Queensbury wishes to begin the design and
construction phase of the Hudson River Park Project, and
WHEREAS, the Director of Parks & Recreation has distributed to qualified professional firms a
Request for Quotes (RFQ) for design services to develop Phase I of the Hudson River Park Project, as well
as the development of a long range program of future Park facilities, and
WHEREAS, Miller Associates has responded to the aforementioned RFQ with a qualified
proposal, including proof of liability insurance in the amount of $500,000, for the fixed sum of $8,400.,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Supervisor be and hereby is authorized and directed to enter into an
agreement between the Town of Queensbury and Miller Associates for services performed in connection
with the scope of services as listed in the aforementioned RFQ at a cost not to exceed $8,400., to be paid
forfrom Account 107-7110-4400, and
BE IT FURTHER,
RESOLVED, that the aforesaid agreement between the Town of Queensbury and Miller
Associates shall be in a form to be approved by Town Counsel.
Duly adopted this 3rd day of June, 1996 by the following vote:
AYES
Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES
None
ABSENT: None
Discussion held before vote: Councilman Monahan requested that the resolution include a statement that
the proposal include proof of liability insurance in the amount of $500,000. Agreed to by those that
introduced the resolution.
RESOLUTION AUTHORIZING EMPLOYMENT OF VAN DUSEN & STEVES
FOR MAPPING & SURVEY WORK FOR HUDSON RIVER PARK PROJECT
RESOLUTION NO.: 247.96
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, the Town Board of the Town of Queensbury wishes to begin the design and
construction phase of the Hudson River Park Project, and
WHEREAS, said project includes mapping and survey work to be performed by a licensed
surveyor, and
WHEREAS, Van Dusen & Steves has offered to undertake the necessary mapping and survey
work, as outlined in a letter dated May 23, 1996, for the amount not to exceed $7,000.,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Supervisor be and hereby is authorized and directed to enter into an
agreement between the Town of Queensbury and Van Dusen & Steves, for mapping and survey work
services outlined in their letter dated May 23, 1996, at a cost not to exceed $7,000., to be paid for from
Capital Project Fund, Fund 107, Account No. 107-7110-4400, and
BE IT FURTHER,
RESOLVED, that the aforesaid agreement between the Town of Queensbury and Van Dusen &
Steves shall be in a form to be approved by the Town Counsel.
Duly adopted this 3rd day of June, 1996 by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES None
ABSENT: None
Discussion held before vote: Councilman Monahan requested that the work include the location of the old
canal.
RESOLUTION ESTABLISHING HISTORIAN'S ADVISORY BOARD
RESOLUTION NO. 248.96
MOTION WITHDRAWN
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
DISCUSSION HELD:Councilman Goedert-In reading the resolution and reading the S3-7 of the Code the
resolution does not state how many members are on the Advisory Board, the terms and what the intent is.
Dr. Marilyn VanDyke-Town Historian-Reason for Board is that we are four years away from the turn of the
century and there will be a lot of activity in the field of history that will be surfacing vary rapidly now and
we want to be able to take part in that and to have our community celebrate in an appropriate fashion. We
are also dealing with new direction in history in which history and tourism are linking together recognizing
that history itself has a place in terms of the economic development. Also we have been working on the
master plan, there are several aspects of history that have not been properly noticed and addressed in the
past, we want to look more into our marking system, inventory our cultural and historical aspects of our
community. Number in group as in other groups in our town...Councilman Pulver-Recommended that this
be tabled to be discussed in a workshop session. Dr. VanDyke agreed ... Councilman Monahan and
Councilman Turner withdrew their motion.
RESOLUTION AUTHORIZING RELEASE OF IRREVOCABLE LETTER OF CREDIT
TO VALENTE BUILDERS, INC.
RESOLUTION NO.: 248.96
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 66, 93, accepted the
dedication of Brown's Path in the Maple Row Farms Subdivision, and
WHEREAS, as part of said resolution, the Town Board accepted an Irrevocable Letter of Credit
from First National/Evergreen Bank in the amount of $32,000 whereby the developer (Valente Builder's
Inc.) secured completion of the final coat of asphalt surface, and
WHEREAS, Paul H. Naylor, Town Highway Superintendent has advised that he has performed
the final inspection of the top coat of black top on Brown's Path and it does meet with the Town of
Queensbury's specification, and therefore, Mr. Naylor has recommended the release of the $32,000
Irrevocable Letter of Credit,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
release of the Irrevocable Letter of Credit in the amount of $32,000 to Valente Builders, Inc.
Duly adopted this 3rd day of June, 1996 by the following vote:
AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES : None
ABSENT: None
DISCUSSION HELD: Councilman Monahan-In this town there seems to be a rash of developers or
homeowners filling in the drainage swales that are in the right of way owned by the municipalities, not only
that but sprinkling systems are being installed in them and I would just like for that to be put on a workshop
agenda to be discussed.
RESOLUTION AUTHORIZING CONTRACT BETWEEN
THE TOWN OF QUEENSBURY AND EDWARD AND THOMAS O'CONNOR, INC.
REGARDING PAVING OF THE QUEENSBURY COURT OVERFLOW PARKING LOT
RESOLUTION NO.: 249.96
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Board of the Town of Queensbury wishes to authorize a Contract for the
paving of the Queensbury Town Court overflow parking lot, and
WHEREAS, the Town Board of the Town of Queensbury has previously adopted purchasing
procedures, and in accordance with said procedures, a contract in an amount greater than the amount of
$5,000.00, up to New York State bidding limits, must be approved by the Town Board before said contract
is entered into, and
WHEREAS, the Facilities Manager obtained four quotes for the proposed paving work, and the
price of $6,930., quoted by Edward and Thomas O'Connor, Inc., was the lowest of the four quotes, and
WHEREAS, a proposed agreement for the paving work has been presented to this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Facilities Manager to arrange for the retention of the services of Edward and Thomas O'Connor, Inc., to
perform the necessary paving at the Queensbury Town Court, at a sum not to exceed the total amount of
$6,930., and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is hereby authorized and directed to sign the agreement
presented at this meeting for said work in form acceptable to Town Counsel, and
BE IT FURTHER,
RESOLVED, that the costs associated with this resolution shall be paid for from the Town Court
Miscellaneous Contractual Account #01-1620-4400-0024, and
BE IT FURTHER,
RESOLVED, that this resolution shall be subject to a thirty (30) day permissive referendum in
accordance with the provisions of Article 14 of Town Law and shall not take effect until such time as
provided therein, and the Town Clerk is authorized to publish a copy of this resolution, together with a
notice of the fact that this resolution is subject to a permissive referendum in accordance with the
provisions oflaw.
Duly adopted this 3rd day of June, 1996, by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING FURTHER ENGAGEMENT OF HARZA NORTHEAST
ARCHITECTS, ENGINEERS, AND CONSTRUCTION MANAGERS FOR A V AITION ROAD
WIDENING PROJECT
RESOLUTION NO. 250.96
MOTION WITHDRAWN
INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
DISCUSSION HELD: Councilman Goedert-We have a Highway Supt. who told us how the drainage
system should go up there is there anyway that we can verify something like this without spending $3,950.?
Do we need an engineer that is just going to put the plans on a piece of paper? Town Council Mark
Schachner-In the scope of services that is attached, you will note at the end of the second paragraph
indicates, "Since there is no information at this time that would assist in determining the capacity of the soil
to absorb and convey storm water it will be assumed that the design of the system including precast dry
wells already purchased by the Town will be sufficient to remove stormwater run off from Aviation Road
within the project limits." I may be taking the question a step further it is my understanding that Harza is
actually using some assumptions, and as it says assuming that the design of this system will be sufficient to
remove storm water. I would suggest that if we are going to engage Harza to do this work that perhaps we
could got something more of an assurance from them about the design of this system. You are asking, do
we need to do this with an engineer and I think, my understanding is, that Harza is already the engineer of
record for the entire project and that this is a drainage issue that has arisen now that the project has been
undertaken. That being the case this would be an appropriate use of an engineering consultant to have
certain engineering going to the drainage system design. I was concerned about that particular disclaimer
in their scope of services. Councilman Goedert - I have some concerns, number one is the fact that if we are
going ahead and doing all this after the fact we are throwing $3,900. out, if we have to do this to protect
ourselves from future lawsuits then we should wait until they report...Councilman Monahan-this will not
protect us from future lawsuits when they say they take no responsibility for the peculation of the water
there. Councilman Goedert-I will not vote in favor of something that I am going to give them $4,000 and
they are not going to guarantee me anything, I have that with what Mr. Naylor says, who we pay to be our
Highway Superintendent. Councilman Turner-I an not voting to pay them $4,000 either not based on that
statement, they are not taking any responsibility anyway. Executive Director Martin-This essentially will
be an as built. Motion withdrawn by Councilpersons Goedert and Pulver.
RESOLUTION APPOINTING PERLEY (CHUCK) RICE TO
PERMANENT CIVIL SERVICE STATUS
RESOLUTION NO.: 250.96
INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury has heretofore created the position of
Facilities Manager of the Building and Grounds Department, and
WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 502, 95, appointed
Mr. Perley (Chuck) Rice, provisionally to said position, until such time as Mr. Rice passed the Civil
Service Examination, and
WHEREAS, Mr. Perley (Chuck) Rice has tied for second place on the Civil Service examination
for the Facilities Manager position,
NOW, THEREFORE, BE IT
RESOLVED, that Mr. Perley (Chuck) Rice be hereby appointed to the position of Facilities
Manager and that he be given permanent status, with a twenty-six (26) week 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 3rd day of June, 1996, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION EXTENDING BANKING SERVICES AGREEMENT
WITH EVERGREEN BANK
RESOLUTION NO.: 251.96
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, the Town Board of the Town of Queensbury engages a bank to perform various
banking services, and
WHEREAS, the Town solicited quotations for banking services in 1994, and
WHEREAS, Evergreen Bank's (formerly First National Bank of Glens Falls) quotation was
accepted by the Town Board on the 20th day of June, 1994, by resolution no. 301, 94, and
WHEREAS, the term of the agreement was for one year, beginning July 1, 1994, with a one-year
extension at the Town's option, and
WHEREAS, by resolution no. 337,95, the Town extended the banking services agreement with
Evergreen Bank for one year through June 30, 1996, and
WHEREAS, the Town of Queensbury wishes to extend the banking services agreement with
Evergreen Bank for an additional year, and Evergreen Bank, by letter dated April 24, 1996, has indicated a
willingness to extend banking services until June 30, 1997, and
WHEREAS, the Town bank accounts are currently at Evergreen Bank, and the Town has received
good service, as well as excellent investment rates, and
WHEREAS, the Town's bank accounts will remain at Evergreen Bank with the same rates as
agreed to in the original agreement, and
WHEREAS, the Town is able to invest idle funds at the best certificate of deposit rates available,
and
WHEREAS, the Town may keep nominal deposits at other banks for purposes such as obtaining
bond anticipation notes and bond quotes, maintaining account relationships, and similar purposes,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes
the continuation of the agreement with Evergreen Bank for a period of one year (until June 30, 1997) for
the provision of banking services as outlined in the original agreement and the Town Supervisor is hereby
authorized and directed to execute any further agreements or extension agreements concerning such
extension of banking services and where necessary, place the seal of the Town on the same.
Duly adopted this 3rd day of June, 1996 by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION APPROVING SUMMER INTERNSHIP PROGRAM
IN TOWN WATER DEPARTMENT
RESOLUTION NO.: 252.96
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, Jessica Quinn, a local college student studying Biology at Hartwick College, has
approached the Town of Queensbury Water Department concerning participation in an internship program
to be completed by the end of this summer, and
WHEREAS, this internship is for a one (1) hour course credit and the student will receive no
remuneration whatsoever for the 140 hours worked, and
WHEREAS, the Town Water Department recommends authorization of this internship, and
WHEREAS, the intern will not be an employee of the Town of Queensbury or the Town Water
Department,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of Jessica Quinn's
summer internship with the Town Water Department.
Duly adopted this 3rd day of June, 1996 by the following vote:
AYES
Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES
None
ABSENT: None
RESOLUTION RETAINING SCUDDER ASSOCIATES, ENGINEERS, SURVEYORS & PLANNING
FOR DRAINAGE MATTERS
RESOLUTION NO. 253.96
MOTION WITHDRAWN
INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
DISCUSSION HELD: Councilman Goedert-This is an engineer for $4,600. and the last statement of this is
"please understand that there can be no guarantee of total satisfaction in these two matters because we face
serious constrains due to existing conditions" so if we do not have any guarantee why are we paying the
man $4,600.? Supervisor Champagne-We have a situation at Queensbury Forest where we have two
drywells that have been covered up with a piece of metal and that whole project is in litigation. Paul's plan
signed and stamped by an engineer. Councilman Goedert,his stamp gives us no guarantee's. Board spoke
about Mr. Naylor doing the project... Councilpersons Goedert and Pulver withdrew their motion.
Highway Supt. Naylor-spoke to the Board regarding the Luzerne Road project where someone has to shoot
grade...discussion held regarding the use of VanDusen and Steves on this project.
Supervisor Champagne-I guess it is my opinion when Paul and I talked about this that to me to have an
engineering stamp says that this is at least meeting engineering standards whether it works or not down the
road it is engineering standards I kind of feel whether it is belts and suspenders or whatever I feel more
comfortable going in with an engineering stamp. If the Board feels otherwise that is fine with me, but I
guess I voted for engineering professional services under those circumstances for some time and I will
continue to defend that.
RESOLUTION RETAINING SCUDDER ASSOCIATES, ENGINEERS, SURVEYORS & PLANNING
FOR DRAINAGE MATTERS
RESOLUTION NO. 253.96
MOTION WITHDRAWN
INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
DISCUSSION HELD: Councilman Pulver-Is there some way that Scudder could define this a little bit
better? Could he describe what his intent is? Supervisor Champagne-His intent is the project is under
litigation and when he puts his pencil to paper and whatever happens thereafter these folks have a problem
that we are trying to correct, but to have an engineer to go in there and be a part of that problem is asking
an awful lot. He does not want to be held hostage if in fact it does not serve the purpose down the road.
Highway Supt. Naylor-He is going to solve the problem, there are dry wells there now, they were covered
up they were never used before, they were uncovered last November they are way in on our right of way, to
put the door yards back the way they should be the dry well probably have to be moved out toward the
road, elevated to the height of the road, they will do the same job they were designed to do but there will be
his stamp on them telling you, that is what you should do. He will design the size ofthem...the bottom line
is the water does go down through the ground to Queen Victoria Grant and there are fifty people down
there claiming they do not need more water. Councilman Goedert-The problem that I have is only with the
fact that you can sit there and tell me yes he is going to fix it but in his response to us he says that he cannot
guarantee it. Why do we need it designed by an engineer. Highway Supt. Naylor-Because they were
designed by an engineer and put in by a contractor where they are and if you are going to change it you
want an engineer and a contractor did, you better have an engineer stamp it and say it can be just as good or
better. Councilman Pulver-I think what this is saying, now hearing what Paul said, there can be no
guarantee of satisfaction in these two matters, meaning that when they re-design the dry well and the water,
the water is going to head toward Queen Victoria Grant which is not going to make those people happy that
is where there is going to be no guarantee of satisfaction between neighbors, meaning neighboring
properties and not neighbor, neighbors. Councilman Monahan-Questioned the towns regulations that state
that any must arrange for infiltration within its own boundaries. Town Council Schachner-Noted he thinks
the language is too vague and it is appropriate to have it clarified, this letter does not mention anything
about commonly accepted engineering standards and practices. Suggested getting something more
formal...
Supervisor Champagne and Councilman Monahan agreed to withdrawn their motion, agreed to have Mr.
Scudder attend a workshop session.
RESOLUTION APPROVING MR. JOHN DALTON AS AN ELECTRICAL INSPECTOR
FOR ALLIED ELECTRICAL INSPECTION AGENCY,
AN APPROVED ELECTRICAL INSPECTOR
RESOLUTION NO.: 253.96
INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Board of the Town of Queensbury previously adopted Local Law No.4, 87
entitled, the "Electrical Law of the Town of Queensbury," and further amended the same at the time the
Code of the Town of Queensbury was adopted (Chapter 80 - Electrical Standards), and
WHEREAS, Chapter 80 of the Code of the Town of Queensbury sets forth certain criteria for
businesses and/or individuals to perform electrical inspections in the Town of Queensbury, and
WHEREAS, the Town Board of the Town of Queensbury previously determined that Allied
Electrical Inspection Agency met the criteria to perform electrical inspections in the Town of Queensbury,
and
WHEREAS, Mr. John Dalton now works for Allied Electrical Inspection Agency and has
requested Town authorization as an inspector for said approved company,
NOW, THEREFORE, BE IT
RESOLVED, that Mr. John Dalton is hereby authorized to make electrical inspections within the
Town of Queensbury for Allied Electrical Inspection Agency, subject to compliance with the standards set
forth in Chapter 80 of the Code of the Town of Queensbury.
Duly adopted this 3rd day of June, 1996, by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AMENDING RES. 124, 96 TO CHANGE THE NAME
OF "ROBERT'S ROAD" TO "ROBERT'S COURT"
RESOLUTION NO.: 254.96
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury by resolution no. 124, 96, renamed a
portion of McDonald Drive to "Robert's Road," and
WHEREAS, the name of the road should have read, "Robert's Court,"
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No.:
124, 96, such that "Robert's Road" will now be known as "Robert's Court," authorizes that a new road sign
be posted with this correct name, and authorizes and directs the Town Clerk to amend the Town's road
records accordingly.
Duly adopted this 3rd day of June, 1996, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION TO AMEND 1996 BUDGET
RESOLUTION NO.: 255.96
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, certain departments have requested transfers of funds for the 1996 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
1996 budget:
ATTORNEY'S OFFICE:
FROM: TO: $ AMOUNT:
01-1420-1790 01-1420-4130 10,000.
(Town Attorney) (Legal Services)
PLANNING:
FROM: TO: $ AMOUNT:
01-8020-4400 01-8020-2031 1)00.
(Misc. Contractual) (Computer Hardware)
SUPERVISOR'S OFFICE:
FROM:
TO:
$ AMOUNT:
01-1990-1002
(Contingency)
01-1680-4400-1680
(Data Processing -
Misc. Contractual)
7,720.
SUPERVISOR'S OFFICE (Cont.):
FROM:
01-1990-4400
(Contingency)
TO:
01-1680-2100
(Data Processing -
Computer Hardware)
$ AMOUNT:
8,908.
and
BE IT FURTHER,
RESOLVED, that the 1996 Town Budget is hereby amended accordingly.
Duly adopted this 3rd day of June, 1996, by the following vote:
AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION TO ALLOW FOOT RACE FOR THE BENEFIT OF THE
ADIRONDACK RUNNERS CLUB AND WEST GLENS FALLS VOL. FIRE CO.
RESOLUTION NO.: 256.96
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Adirondack Runners Club and West Glens Falls Volunteer Fire Company have
requested permission to conduct a foot race for the benefit of their organizations, as follows:
SPONSOR:
Adirondack Runners Club, West Glens Falls Volunteer Fire Company
EVENT:Foot Race
DATE: Saturday, June 29, 1996
PLACE: Beginning at St. Alphonsus Church, Broad Street, Glens Falls and ending at the West
Glens Falls Firehouse on Luzerne Road, West Glens Falls
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of
proof of insurance from the Adirondack Runners Club and West Glens Falls Volunteer Fire Company to
hold a Foot Race in the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this event subject to approval by the Town
Highway Superintendent, which may be revoked due to concern for road conditions at any time up to date
and time of the event.
Duly adopted this 3rd day of June, 1996, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES None
ABSENT: None
ABSTAIN: Mrs. Goedert
DISCUSSIONS
4.1 MIKE SHAW REQUEST TO ATTEND SEMINAR
Supervisor Champagne-Mike Shaw has asked permission to go to a seminar sponsored by Gorman-Rupp
Factory in Mansfiled, Ohio on June 18-19 paid for by company. Questioned was raised that in the Ethics
law that says you cannot accept any gratuity or travel or monies or any other gifts of sorts...questioned that
this is an educational experience I wanted to bring this before the Board. Talked to Mr. Burch the Chairman
of the Ethics Council and he quoted the law however there was a concern if the law was written
appropriately under these terms and conditions.
Councilman Monahan-Noted she felt that the Ethics law refers to a direct benefit type of thing to the person
rather than to a benefit to the Town. I do not have a problem with the request.
Councilman Pulver-I also do not have a problem with this. I spoke to Thomas Flaherty and he feels that this
will be an educational benefit to Mike and would be a worthwhile trip so I have no problem with it.
Councilman Goedert-Noted she had spoken with Mr. Burch and due to the fact that this is educational takes
him out of the classification of a gift.
Supervisor Champagne-Noted that this should be made part of the law.
Town Council Schachner-Noted in the law it states, "circumstances in which it would be reasonably be
inferred that the gift was intended to influence him or her or could reasonably be expected to influence him
or her in the performance of his or her official duties or was intended for an award to any official action
etc... from the way this is being described I do not hear that being the case.
RESOLUTION AUTHORIZING ATTENDANCE AT SEMINAR
RESOLUTION NO. 257.96
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
Resolution authorizing Mike Shaw to attend the Gorman-Rupp Factory Seminar on June 18 and 19th in
Mansfield, Ohio.
Duly adopted this 3rd. day of June, 1996 by the following vote:
AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES: None
ABSENT: None
4.2 EMPLOYEES ETHICS DISCLOSURE STATEMENTS
Supervisor Champagne-It is the next step for the Town Board to notify these people, there could be a
release from the position...
Councilman Pulver-and Town Council Schachner -Brought two issues before the Board
1. Noted it is not mandated by State Law to have two boards, asked that the Board consider having one
board.. .
2. change paragraph regarding educational purposes will be exempt
4.4 GREATER ADIRONDACK HEALTH AIDS
Supervisor Champagne-Requesting aid from the Town of Queensbury, requested that this be discussed at a
workshop.
4.4 OLD BUSINESS
None
4.5 NEW BUSINESS
Councilman Monahan-Spoke to the Board regarding right of ways along the roads...talk to the County to
see if they also have a problem....
To be placed on workshop agenda ...
TOWN BOARD MEMBER MATTERS
None
ATTORNEY MATTERS
None
OPEN FORUM
Mr. Paul Davidson-My name is Paul Davidson, this is my wife Debra we have come here tonight to address
what we believe to be miss-information that appeared in the new media at the last public hearing here,
mostly generated by Mr. Keith Harris. I did read the minutes of that meeting and I would like to commend
the Board it appeared that they were badgered quite a bit but they held their ground and they understand
that the taxpayers dollars are intended to fairly and equally enforce the Town Zoning Ordinances. We
wanted to come up here today to give you some evidence supporting our side of the story. Contrary to
what has been said we did not move to Queensbury to get Keith Harris. We did not know who Keith Harris
was, we knew that there was a man who lived down the street on a small parcel had two logging
trucks...Before we purchased our property we checked with the neighbors. The neighbor said ah, he comes
in a few times a week, a few times a day that is about it. so, what I would like to do now just take a few
minutes and just show you some photographs. First I would like to show you a map that would show the
situation was at the time we purchased this. If you look at it and pass it down, the area highlighted in
yellow was Harris's residence and his business in its entirety in 1985 and this was the parcel that we
purchased and this is the Harris garage now and the Harris business at this time. I also would like when you
are done to pass it over to Mr. Schachner, because I think he needs to get educated a little bit more as to the
actual area that was pre-existing non-conforming. Contrary to what Mr. Harris ...1 do not believe that our
Zoning Ordinance permits expansion of non conforming uses.. . family being there for two hundred years. I
believe there are, these photographs here were taken in 1985 after we purchased the lot and the reason for
taking those was to site our house. If you look at those photos and read the comments underneath you will
see that there are, there is no commercial activity anywhere within those photos and there is one photo I
believe in there that shows the Harris home, and as you can see there is no garage, there is no commercial
activity going on there whatsoever in 1985 and that is when we bought our property. This photo here will
illustrate that our house is going up and right behind it the garage is going up. What I would like to say
about that is that about a week after we broke ground for our house Mr. Harris broke ground for his
commercial garage. I approached Mr. Mack Dean who was then the Building Inspector for the Town of
Queensbury who issued the permit. Mr. Dean said it was perfectly legal permit. I said the Zoning
Ordinances which clearly state that that was Rural Residential and expansion of a non conforming, existing
non conforming use requires a variance, it is cut and dry there is no grey areas there and unfortunately I
was unsuccessful in getting a stop order on it. So, it went on and we shoot it down I never went after Mr.
Keith Harris by the way I went after the Town because it was their employee that either made an error or
whatever he did wrong I do not know but it was the Town's responsibility to resolve this issue right then.
Today it is a cancer, that is what it is. This is a photo, the reason why I brought these photos in was to
address the comment by Mr. Harris that was made that Paul Davidson must know somebody because he
gets a lot of favors from the Town. I am not suggesting that you had knowledge of this when it happen but
I do not believe that the Town ever delivered pavement to my house but this is Mr. Harris's property...it was
while the Town was involved in legal action with Mr. Harris. This one also affects you Paul, these are
photographs that were taken from my driveway when Mr. Harris put in a driveway opposite our egress.
When he began that action I called the Code Enforcement Office and explained to them that I thought he
was expanding his business by adding a road, I was told that they could not stop him from adding a road
and all it would do would be to provide access to his business but it would not allow him to expand...which
has eventually occurred by the way. They suggested that I call Paul Naylor since it is up to him to
determine the access...do you recall the conversation we had Paul? I called Paul and Paul said he did not
see any safety reasons for not allowing him to do it and to be honest I could not see any sever safety
reasons but I said you know this is a situation where he is right next to a telephone pole. He is right across
from my driveway it is almost an intimidation factor and always it went in and since it has been in Paul, he
has knocked the pole down once and he and George Ryan burnt it down another time, both time causing a
loss of power. .to my house. He has knocked my mailbox down twice and he has .a lot of mud during the
mud season and he has crushed the drainage ditch in front of my house which Debbie called about and
talked to one of your people and nothing has been done up there. This next photo is intended to illustrate a
couple of things about ...these are photos of Mr. Harris's ..the first reason is, this is where Mr. Harris had
pigs, ok, Mr. Harris had the pigs there and now he has a commercial business there. Mr. Harris applied to
Mack Dean once again for a permit this time for a barn, one hundred and ninety two feet by sixty some feet
right in front, across from our house. Mr. Dean gave him that permit. I went to Mr. Dean and he was not
there but I spoke to another building inspector and he told me that he reviewed that permit with a man by
the name of Russ Harris and Russ said it was OK and I do not know who Russ Harris is he is a very
influential former politician in the area and former official of the Town of Queensbury, it depends who is
. . official of the Town of Queensbury but he approved that building permit. I was a little upset and I
returned to work and called my wife and told her what happened and then about an hour or so latter she
called me and told me she received a call from someone at the Town. That someone was Stuart Messinger
who was the Town Planner at the time, Mr. Messinger informed my wife that he overheard my
conversation and that I had been lied to, when I asked for a form to appeal that building permit I was told
you cannot appeal it. Mr. Messinger filled us in on how to appeal it and we did appeal and we won our
appeal. If I had been informed properly for the first permit I think I would have won that appeal too. It
also goes to show I did not get any special treatment from the Town of Queensbury I did not get two
building permits...This shows you what goes on opposite our home today. By the way...additional
statement those pigs that were in front of my property were put there after Mr. Harris came to me in front
of other people and told me that if I did not stop complaining about his expansion of his business he would
put pigs in front of my house and he would do other things to make my life miserable. That is a fact.
Those are not the facts that have been in the papers. My wife Debbie has some other collaborating
evidence that she is going to present at this time. Thank you. If you have any questions on any of those
just interrupt and I would be glad to answer.
Ms. Debbie Davidson-Most of this was not on board until after 1986 I wanted to help you better understand
what the business contained and I felt the best way to do that would be to just read some ofMr. Harris's
sworn testimony at the time of the trail that he defined what his business contained. Under direct
questioning, Now will you process that firewood and when I say process I mean will you cut it up and split
it and so on? Mr. Harris's answer, on the lot I was working on. Question, it would not be your practice to
bring your logs to the property. Answer No. Do you have any need to use that property in conjunction
with your business for anything other than the storage of your vehicles and the maintenance of your
vehicles? No. You do not need to use that property to store wood? For my own use. For your own use
but not part of your business and you do not need to use your property to cut wood? No. Later a question
was asked, but really ...is there any reason you cannot store you trucks in the garage if you made a real
effort to do it? No. The trucks can no longer fit in that garage. The question was asked how many
employees come to your house on an average day to pick up vehicles? Mr. Harris's answer, two. He stated
quite recently that he has twenty five employees. Later on cross examination, question were you aware that
the zoning laws did not allow for the expansion of non conforming use? Mr. Harris's answer, At the time, I
think Mr. Mack Dean mentioned it. He states at that time during the law suit that he knew when he built
the building he was not allowed to expand. It is not that we are picking on him it is not that he did not
know this, it is not that he went into this blind he knew it and he stated that in Court testimony. On August
9th in 1988 the Town sent Mr. Harris this letter. Dear Mr. Harris, This department has received complaints
of a bulldozer and dump trucks parked on your property on Pickle Hill Road as you have been made aware
of by this office in the past you are allowed only one vehicle greater than one and a half tons on your
property, as you are in a residential zone. Failure to respond to this regulation, will result in further action
by this department. Your cooperation is expected on this issue. That was during the lawsuit and I
understand they waited to hear what the judge decision was but at some point in time they needed to
address the expansion. He knew at that time he was allowed one vehicle. In Judge Dier's decision in his
findings of facts he states, the defendant denies cutting or storing any lumber on his property except that cut
for his own personnel use. That was Judge Dier's finding of fact. I do not believe it would be so today.
The barn that Paul spoke of earlier that the permit was issued for one hundred and ninety two by fifty feet
was to be thirty five feet from the garage. That would be in the triangular section ...the driveway the garage
and Pickle Hill Road. During the many site plan review meetings that we went through in order, for Mr.
Harris to gain rights and location for his pig farm, I have a few things from the transcript I would like to
read out of those. On August 20th 1991 the garage was still a pole barn was being constructed ...thirty five
feet from the existing garage and the Town Planner sited that as a concern. They asked Mr. Harris, they
were trying to decide how much property he had to ..and Mr. Harris's comment was I requested an acre for
the garage and the rest is agricultural use. Less than an acre. Later that same meeting, Mr. Harris says and
as far as the barn I am asking for an agricultural use it seems legal to me if I was to expand my business
there I mean, there would be an illegal situation, you could prosecute me on. That is his statement. In the
most recent Zoning Board of Appeals Meeting that we attended on March 21st, 1996 I had one quote I
wanted to read to you from Mr. Harris. Within his statement, I am using about two acres now. I do not
know that there is doubt that there is physical expansion of that business I do not know how there possibly
can be I do not know how you could possibly doubt that Mr. Harris did not process wood at one time and
does now and that is an expansion. I appreciate the Town's time and efforts in the other situation I do not
think you had any doubt that you are on the right side of the issues in trying to resolve it. On March 27th
1995 there was a meeting in Fort Ann and I said the Town.. on that meeting because Fred Champagne had
been over to see Mr. Harris's property had spoken to him about the expansion and said he is trying to move
to Fort Ann go to that meeting and let me know what you think. I took these notes and just want to
highlight a few things within those notes to refresh your memory. Mr. Harris...did include one point eight
acres of the property to be developed that included the pave drive the parking area and the ...it did approve
repair work on vehicles and trucks that were not his own, it did approve selling of part, storage of used
parts, in a fenced in area, storage of fuel less than a thousand gallons, bulk, half gallon tank for bulk
purchasing. This didn't include the storage oflogs, gravel or dirt on any other part of this property, any part
other than the one point eight acres designated as commercial. It did not include the commercial use of the
rest of the property owned without further review by the Planning Board. He may be moving ...and I hope
he is I hope he is taking his business there, but what he has rights too, in the one point eight acres is not
enough to physically move what he is using on Pickle Hill Road now, after his expansion. Due to our
concerns about his moving and due to the fact that it causes our families and ourselves tremendous
difficulties we have suggested within that same note to the Town that they come up with an agreement with
Mr. Harris, ...allowed to operate in an expanded fashion then the Town should have some guarantees that it
is not going to be, when it is able to move. If there is no dead line set as Mr. Harris stated in the last Town
Board Meeting he attended it could be twenty years. You cannot wait twenty years to enforce your laws.
If you do have an agreement there should be a dead line to move all commercial equipment. At the time I
know it was December 1996 at the time it was a year and a half away. There should be a statement that the
Town of Queensbury will pursue ...expansion, commercial activity on agricultural portion ofMr. Harris's
property on Pickle Hill Road but does not give Mr. Harris continued permanent or unlimited expansion of
Commercial Activity on the agricultural portion of his property. Eventually the removal of commercial
garage on Pickle Hill Road at the time of suggested June 1997, as you consider...application for the Town
Law the temporary violation by Mr. Harris on Pickle Hill Road property facilitates the total moving of Mr.
Harris's commercial activities to the Fort Ann property and that a survive financial penalty be imposed if
the dead lines were not met. The last page of that note to the Town stated it is not acceptable for us to
continue suffering for this ongoing expansion in a commercial area with out some written guarantee from
Mr. Harris regarding the removal of the business from the Pickle Hill Road site. In conclusion we urge the
Town to do as Judge Dier's advised them to do prior to his decision allowing his business to operate on
Pickle Hill Road. When the Board members refused in hind site perhaps this Board can recognize their
error and now correct this difficult situation. The Town should negotiate with Mr. Harris to purchase his
pre-existing non conforming use because the Town had only issued the original building permit incorrectly
but they also misinformed several citizens saying that there was no ...to have that permit reviewed. The
Town should set up a payment schedule similar to construction with plans will be made of certain criteria
are met with specific dead lines and penalties with specific dead lines are specified and penalties are
imposed if those dead lines are not met. Please investigate this resolution to a decade of difficulty and
expense to everyone in this Town of Queensbury. Since we are most directly involved in this issue please
feel free to call us, call on us for further clarification or ...thank you.
Supervisor Champagne-Asked for questions from the Board, Thank you.
Ms. Susan Babe'-Queensbury Forest-Ferriss Drive Requested relief from the Town regarding the dug up
dry well in front of her house, been in this condition since November, trying to sell house ...showed the
Town Board a picture of the front of her house with depicting the dug up dry well area...
Mr. Joe Porter-Noted he lives across the street from Mrs. Babe' questioned the length of time to repair
this...requested that it be taken care of.
Mr. Mike Zivica-4 Wings Falls Court Noted his development has a combination of 24' wide and 20' wide
roads, noted he felt that the intersections are hazardous...felt there is a safety problem with various widths
of roads in one subdivision...requested the same width roads in the same subdivision...Noted he had spoken
with previous Supervisors and Councilperson regarding the situation...topping the road will not solve the
problems, I think in two years you will be back. Requested that the Board look at the entire subdivision.
Mr. Ted Farr-6 Wings Falls Court Concerned that every spring we pull out road pieces from our
lawns...we now no longer have a 20' road, we did not have a road to begin with that would conform to
standards, if it did not conform to begin with why don't we make it a 24' width.. . noted he had tractor trailers
delivering to his house.
Supervisor Champagne-It will be a 20' road once it is paved...
Mr. Don Murphy- Wings Falls Court - If the Town owns the right of way why can't it be paved?
Councilman Turner-Spoke about Meadowbrook road being 20' and being adequate...
Executive Director Martin-spoke to the Board regarding the paving over electrical, cable, water lines in the
road..
Councilman Pulver-Noted that the residents will not have crumbled edged roads after Mr. Naylor finished
blacktopping the roads....
Mr. John Salvadore-Re: Mr. Shaw attending a Seminar - concerned that this may be a conflict with the
Ethics Law, requested that the Board reconsider the resolution allowing Mr. Shaw to attend...Re: Storm
water management Ordinance in No. Qsby. - questioned if the environmental impact statement and cost
benefit analysis is being done?
Executive Director Martin-We are not formulating an ordinance it is a plan, it is in a draft form it will be
put out to the public for public hearing and an environmental assessment will be done prior to adoption.
Mr. Salvadore-RE: Water front zoning how are we going to approach this?
Executive Director Martin-We are taking into consideration all the comments both written and verbal...it is
now with the staff...a draft will be brought to the Planning Committee they will consider it and make any
changes we will bring it back to the full board at a workshop and if it gets by that then it will come back for
another public hearing. Noted that the Comprehensive Planning Committee has had an opportunity for
input...in my opinion I do not want to burden that group anymore with this topic...
Mr. Salvadore-I think we should, be that is where Zoning starts.
Executive Director Martin-Reviewed what is considered a comprehensive plan...
Mr. Salvadore-RE: Bouys in Dunhams Bay...invited Mr. Champagne and the Board to make a site visit...
RE: Emergency Services Report are they finalized?
Supervisor Champagne-They are under review by the Town Board.
Mr. Salvadore-Re; Status of the North Queensbury Waste Water Management Project
Supervisor Champagne-We are moving forward, the engineers are on site and are doing a further
review...They have hired Bill Lamy to coordinate the project...
Mr. Salvadore-Requested that topic be added to Old Business at every meeting...
Supervisor Champagne-I will think about that.
Mr. Salvadore-Re: Letter from Town Attorney Paul Dusek regarding the location of boulders possibly in
right of way I offered to move them if someone would point out right of way lines.. . have not heard back...
Noted Mr. Naylor reported us to Dave Hatin for discharging wastewater into a town ditch, Mr. Hatin
visited the site to determine that is was not waste water it was run-off water also we have been reported I
understand to DEC for filling wetlands...1 have not heard anything from DEC...
Supervisor Champagne-Questioned if the last comment, did that come from Mr. Hatin in writing?
Mr. Salvadore-No, I heard that it was reported to DEC.
Councilman Pulver-It is probably rumor ...
Mr. Salvadore-re: Milfoil use of chemical to treat it...noted a lot of people on Lake George use the water
for drinking...the public health law does not allow the treatment of a herbicide like this...you have an
obligation as the public health board to enforce the public health laws...
Mr. Pliney Tucker-RE: Queensbury Forest reviewed the history of the project...noted drainage was
designed and approved by the Town engineers, Rist Frost...water from phase I & II was to wind up in phase
III...
Supervisor Champagne-Frasier Associates is reviewing the situation, a final report should be in the next
couple of weeks...
Mr. Tucker-A resolution was passed to pay for machinery for the Highway Dept. of $240,000. out of
contingency, why?
Supervisor Champagne-I understand that when the BAN was originally approved a year ago the BAN was
approved for 50% we were going to pay for it in two years, we discovered that after approval of the BAN
when the Attorneys followed through to make the first payment and then to do the second cycle of the BAN
that at the time the BAN was approved originally there were three members of the Board that approved it
we later found out it took a two thirds vote. The original BAN was invalidated and in order to satisfy the
lender we had to come up to the full amount...
Town Counsel-Noted it was the bond resolution prior to the BAN note...Noted that it was not that any
board members voted against the financing it was only that three members happen to be present at that
meeting, two were not at that meeting and that is not sufficient under the NYS finance law.
Mr. Salvadore-Questioned who Bond Council was?
Supervisor Champagne-It was done in house...
Supervisor Champagne-Asked for further public input...open forum closed.
RESOLUTION ADOPTING AUDIT OF BILLS
RESOLUTION NO. 258.96
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
RESOLVED, that the Audit of Bills as appears on Abstract dated June 3, 1996 and numbered 962318
through 962493 and totaling $816,262.97 be and hereby is approved.
Duly adopted this 3rd day of June, 1996 by the following vote:
AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES: None
ABSENT: None
(Councilman Turner left the meeting room)
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 259.96
INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
RESOLVED, that the Town Board hereby moves into Executive Session to discuss personnel item
regarding comptroller.
Duly adopted this 3rd day of June, 1996 by the following vote:
AYES: Mrs. Monahan, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES: None
ABSENT: Mr. Turner
(Mr. Turner returned to the meeting room)
RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR MEETING
RESOLUTION NO. 259.96
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 session.
Duly adopted this 3rd day of June, 1996 by the following vote:
AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES: None
ABSENT: None
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury