2010-03-01 MTG. #9
TOWN BOARD MEETING 03-01-2010 MTG. #9 1
TOWN BOARD MEETING MTG. #9
MARCH 1, 2010 RES. 125-132
7:00 p.m.
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI-ABSENT
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STEC
1.0PRIVILEGE OF THE FLOOR (LIMIT – 4 MINUTES)
Mr. Pliney Tucker-Councilman Metivier, regarding the statement made that if you
violated the 1103 law that you would be arrested and go to jail.
Councilman Metivier-I do not know if that is the case but I do know that we cannot break
a law. We took an oath to follow the law how can you break one, knowing that we are
breaking one. I do not know if we will go to jail but I do not know what the
consequences are but I do not want to find out either.
Mr. Tucker-Do you have that in writing?
Councilman Metivier-We talked about this before, we cannot violate the law.
Mr. Tucker-I heard a rumor that the traffic ticket was reduced on the driver do you know
anything about it?
Supervisor Stec-I was told that the drivers traffic issue was plead down to a parking on
pavement, with a fine, you can read about this in tomorrow’s newspaper.
Mr. Tucker-I heard that information was passed onto the insurance company, in a letter of
recommendation from you.
Supervisor Stec-The Town Board and I have aggressively encouraging our insurance
company to do the right thing here. We are doing everything we can to see that justice
happens here, sooner rather than later. The wheels of government, insurance and courts
sometimes do not turn as fast as everything else.
Mr.Tucker-You are running for congress?
Supervisor Stec-That is what we have been talking about, yes.
Mr. Tucker-Will you resign your position that you have now?
Supervisor Stec-No. I do not have any intention to do that.
Mr. Tucker-Your supervisor’s position is a full time job.
Supervisor Stec-It is.
Mr. John Salvador-North Queensbury-re: snowplow incident, how would this scenario be
handled if a town employee was involved in an accident driving their own vehicle?
Using their own vehicle on town business.
Supervisor Stec-The complications that an emergency vehicle as defined by certain
sections of the law, if someone is on the way to a conference in his own vehicle would
not fall into that category that we are in right now.
TOWN BOARD MEETING 03-01-2010 MTG. #9 2
Mr. Salvador-Lets say there is a wrongful death involved how are we taxpayers covered
from any claims?
Councilman Metivier-There is coverage.
Mr. Salvador-Homer Avenue drainage project, spoke about creating an improvement
district, it seems the thought is we convert what we had going to support the creation of
an improvement district. This is an all together different process. The Board must adopt
a resolution setting a budget, to do the preliminaries. Has a budget been established?
Councilman Metivier-Not yet.
Supervisor Stec-We have not started down the path of creating a district.
Mr. Salvador-You have done work that will be used. Have you segregated the costs?
Supervisor Stec-If we need to account for them separately we can.
Mr. Salvador-The cost incurred to date whether you go to the scheme of the easements or
improvement districts, those costs become part of the project.
Supervisor Stec-Just like any other district we do.
Mr. Salvador-Even if it isn’t a district formation those costs are part of the project, they
should not be borne by the general fund.
Supervisor Stec-If we form a district those costs would be correctly rolled into the
project, if it is not formed the general fund eats it.
Mr. Salvador-My point is that if you establish a budget to do this work there is a cap on
what you spend, right now there is no cap, you do not know to this date what the costs
might be. One more point, if you do form a district you will have to do a SEQRA, and I
think when you do that you will find out that the problems that exist within the drainage
corridor are right across town. Anyway you do it you are going to solve a problem
dealing with Homer Avenue and you are going to create a problem somewhere else.
Regarding SEQRA read from Appellate decision - the ramifications up and down stream
of this project are endless and they will have to be addressed in a SEQRA report. I am
not convinced that the proposal will work.
Mr. David Bruno-Queensbury-Update on Angio Dynamics their four story building on
Exit Six in Latham is really a testament to a growing business and the competition up and
down 87 for economic development. Hopefully we have something in place similarly to
draw economic development to Queensbury. I have not seen a whole lot of good jobs
come into the community in a long time and to lose jobs is a tragedy. Resolution two
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about amending Chapter 136 establishment of sewer rents it is March 1 is this a surprise
to us were we caught unaware that we were going to have to raise sewer rates in 2010?
Supervisor Stec-We do not have to raise sewer rates our Sewer District Superintendent
would like to move along the lines of consolidating two districts. In consolidating the
two districts right now they do not have identical rates so that is one of the things this
would accomplish. It could wait until next year if it has to.
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Mr. Bruno-On December 21 the Board amend the resolution authorizing issuance of
three million dollars in bonds for Main Street do we know where that is at?
Supervisor Stec-Yes, Main Street is out to bid and is going to be constructed over the
next two years.
Mr. Bruno-You didn’t use any of that for the half million that we spent for water?
Supervisor Stec-Not all of the money that is being spent on Main Street is bonded, it is
something that has been talked about for years.
TOWN BOARD MEETING 03-01-2010 MTG. #9 3
Mr. Bruno-How is the water down in Jenkinsville, has that been fixed?
Supervisor Stec-What about the water in Jenkinsville?
Mr. Bruno-Contaminated from the dump, ground water?
Supervisor Stec-Allegedly? News to me. There is no evidence out there that we are
aware of that there is a problem down there.
Mr. Bruno-That is good to know.
2.0RESOLUTIONS
RESOLUTION ADDING ELLIS MOUNTAIN TO LIST OF TOWN
PRIVATE DRIVEWAYS AND ROAD NAMES
RESOLUTION NO.: 125, 2010
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list
of names for private driveways and roads in the Town in connection with the 911 addressing
system, and
WHEREAS, the Town Board wishes to add “Ellis Mountain,” a private roadway
located off of 1135 West Mountain Road, to the Town’s list of private driveways and road
names,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adds “Ellis Mountain” to the
Town of Queensbury’s list of private driveways and roads, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Highway
Department to arrange for installation of the necessary poles and street signs identifying
“Ellis Mountain,” and
BE IT FURTHER,
TOWN BOARD MEETING 03-01-2010 MTG. #9 4
RESOLVED, that any expenses associated with this Resolution shall be paid for
from the appropriate account.
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Duly adopted this 1 day of March, 2010, by the following vote:
AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: Mr. Montesi
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. __ OF 2010 TO AMEND QUEENSBURY TOWN
CODE CHAPTER 136, ARTICLE XXIV ENTITLED
"ESTABLISHMENT OF SEWER RENTS" TO INCREASE ANNUAL
CHARGES FOR CENTRAL QUEENSBURY/QUAKER ROAD SEWER
DISTRICT
AND HILAND PARK SEWER DISTRICT
RESOLUTION NO. 126, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local
Law No.: __ of 2010 to amend Queensbury Town Code Chapter 136, Article XXIV entitled
“Establishment of Sewer Rents," which Local Law would modify the annual sewer rent
rates in the Central Queensbury/Quaker Road Sewer District and Hiland Park Sewer
District, and
WHEREAS, this legislation is authorized in accordance with New York State
Municipal Home Rule Law §10, Town Law Article 16 and General Municipal Law Article
14-F, and
WHEREAS, the Town Board wishes to set a public hearing concerning adoption of
this Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing
at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday,
TOWN BOARD MEETING 03-01-2010 MTG. #9 5
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March 15, 2010 to hear all interested persons and take any necessary action provided by
law concerning proposed Local Law No.: ___ of 2010, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury
Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law
No.: __ of 2010 in the manner provided by law.
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Duly adopted this 1 day of March, 2010, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
LOCAL LAW NO.: ___ OF 2010
A LOCAL LAW TO AMEND CHAPTER 136, ARTICLE XXIV OF
QUEENSBURY TOWN CODE ENTITLED
"ESTABLISHMENT OF SEWER RENTS"
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURY AS FOLLOWS:
SECTION 1.
Queensbury Town Code Article XXIV, entitled “Establishment of
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Sewer Rates,” subsections and , are hereby amended as follows:
§136-137. Annual charges established.
There is hereby established and imposed a scale of sewer rents for services rendered by the
sewer system to the real property within the limits of the following sewer districts as set
forth below:
A. Annual charges pursuant to §136-135 hereof for the Central
Queensbury/Quaker Road Sewer District:
(1)For residential properties: For zero to 13,000 gallons of metered water
$30
usage, the charge shall be $25 quarterly for each residential unit,
$4.50
plus $3.50 per thousand gallons of water consumption in excess of
13,000 gallons per quarter as indicated by the current water meter
TOWN BOARD MEETING 03-01-2010 MTG. #9 6
readings, billed on a quarterly basis.
$6.00
(2)For nonresidential properties: $5.75 per thousand gallons of water
consumption, as indicated by the current water meter readings, billed on
a quarterly basis.
C. Annual charges pursuant to §136-135 hereof for the Hiland Park Sewer
District:
(1)For residential properties: For zero to 13,000 gallons of metered water
$30
usage, the charge shall be $25 quarterly for each residential unit,
plus $4.50per thousand gallons of water consumption in excess of
13,000 gallons per quarter as indicated by the current water meter
readings, billed on a quarterly basis.
(2)For nonresidential properties: $6.00per thousand gallons of water
consumption, as indicated by the current water meter readings, billed on
a quarterly basis.
SECTION 2.
The invalidity of any clause, sentence, paragraph or provision of this
Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
SECTION 3.
All Local Laws or ordinances or parts of Local Laws or ordinances
in conflict with any part of this Local Law are hereby repealed.
SECTION 4.
This Local Law shall take effect immediately upon filing in the
Office of the New York Secretary of State.
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
IMPROVEMENTS OF BROADACRES, CARLTON DRIVE AND
LYNNFIELD DRIVE PROJECT AREA FACILITIES - QUEENSBURY
CONSOLIDATED WATER DISTRICT
RESOLUTION NO.: 127, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
TOWN BOARD MEETING 03-01-2010 MTG. #9 7
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board duly established the Town of
Queensbury Consolidated Water District (the "District") in accordance with New York
Town Law, and
WHEREAS, the Town Board wishes to improve the District’s water transmission
facilities by replacing water mains onCarlton Drive to Aviation Road area, Broadacres in the
Hughes Court area, Lynnfield Drive, Moorwood Drive, Crestwood Drive, Pinewood Avenue,
Sunset Drive, Westmore Avenue and a small section of Buena Vista Drive, all in accordance
with Town Law §202-b, and
WHEREAS, C.T. Male Associates, P.C., professional engineers, have prepared an
Engineer’s Report (the “Map and Plan”) concerning the proposed water transmission
system improvements together with an estimate of the cost of such improvements, and
WHEREAS, the Map and Plan was duly filed in the Queensbury Town Clerk's
Office and made available for public inspection, and
WHEREAS, although the Town of Queensbury is a Town partially within the
Adirondack Park, the District does not contain State lands assessed at more than thirty
percent (30%) of the total taxable assessed valuation of the District, so permission of the
State Comptroller to the proposed expenditure is not required under Town Law §202-
b(5),
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The proposed improvements are to eliminate the remaining areas in the
Queensbury Water District that are served by asbestos cement pipe and eliminate problems in
the same areas caused by old unlined cast iron pipe as follows:
(a) replacement of existing asbestos cement (ACP) and cast iron water
mains with class 52 (heavy wall) ductile iron pipe (DIP) and
appurtenances as allowed by Queensbury Water Department Design &
Construction Standards; and
(b) replacement of service laterals to individual property lines with ¾”
(or the same size that currently exists) copper pipe.
TOWN BOARD MEETING 03-01-2010 MTG. #9 8
2. The maximum amount proposed to be expended for such improvements is
$1,943,754.00.
3. The cost of the improvements will be paid from the current funds in the
Capital Reserve Fund of the District; therefore, the annual cost of the District for debt
service and operation and maintenance costs to the typical property and the typical one or
two-family home will not be increased and may decrease as a result of the Project.
4. The proposed improvements shall be constructed and installed as
specifically delineated in the Map and Plan and in full accordance with the Town of
Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and
in accordance with approved plans and specifications and under competent engineering
supervision.
5. The Town Board shall meet and hold a public hearing at the Queensbury
Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, March 15, 2010 to
hear all persons interested in the improvement of the District facilities described above and
to take such other and further action as may be required or authorized by law.
6. The Town Board hereby authorizes and directs the Queensbury Town Clerk
to duly publish and post this Order not less than ten (10) days nor more than twenty (20)
days before the public hearing date, as required by Town Law §202-b.
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Duly adopted this 1 day of March, 2010 by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough
NOES : None
ABSENT: Mr. Montesi
RESOLUTION AUTHORIZING TOWN CLERK TO OPEN AND
MAINTAIN BANK ACCOUNT FOR ELECTRONIC FUND
TRANSFERS IN CONNECTION WITH THE CAPITAL DISTRICT
DDSO
RESOLUTION NO.: 128, 2010
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
TOWN BOARD MEETING 03-01-2010 MTG. #9 9
WHEREAS, New York State, in an effort to reduce spending, has directed that the
Capital District DDSO (DDSO) make any of its payments electronically, and
WHEREAS, the DDSO has notified the Town of Queensbury’s Receiver of Taxes
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of such directive and that as of February 28, 2010, the DDSO must make all payments to
the Town electronically, and
WHEREAS, the Town’s Tax Receiver wishes to open and maintain a bank account
for electronic fund transfers for the Capital District DDSO,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes and
directs the Town Clerk to open and maintain a bank account for electronic fund transfers
between the Town Clerk’s Office and the Capital District DDSO, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk
to complete any necessary documentation to open and maintain such account and
authorizes and directs the Town Clerk and/or Town Supervisor to take any other action
necessary to effectuate the terms of this Resolution.
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Duly adopted this 1 day of March, 2010 by the following vote:
AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: Mr. Montesi
RESOLUTION AUTHORIZING TOWN SUPERVISOR TO CONSENT
TO FORMATION OF A REDEVELOPMENT COMPANY TO
PURCHASE AND RENOVATE JOHN BURKE APARTMENTS AND
SETTING PUBLIC HEARING ON PROPOSED AGREEMENT FOR
PAYMENTS IN LIEU OF TAXES (“PILOT” AGREEMENT) FOR
JOHN BURKE APARTMENTS
RESOLUTION NO.: 129. 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
TOWN BOARD MEETING 03-01-2010 MTG. #9 10
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Liberty Affordable Housing, Inc. (Liberty), a not-for-profit
corporation, proposes to form a redevelopment company to purchase and renovate the John
Burke Apartments in Queensbury, all in accordance with Article V of the New York State
Private Housing Finance Law (PHFL), and
WHEREAS, John Burke Apartments is a 227-unit apartment community providing
housing for low-income residents of the Town, with rents subsidized by the United States
Department of Housing and Urban Development, and
WHEREAS, John Burke Apartments was constructed approximately 40 years ago
and is in need of substantial repairs and renovations, and
WHEREAS, under the PHFL, the consent of the Town Supervisor is needed for
formation of a redevelopment company to buy and renovate John Burke Apartments as
proposed by Liberty, and
WHEREAS, in order to obtain financing of over $6 million for planned renovations
to John Burke Apartments, Liberty must obtain Town Board approval of a proposed
agreement for periodic payments in lieu of taxes on John Burke Apartments by the proposed
redevelopment company, and
WHEREAS, the Town will not be providing any funds or financing to the
redevelopment company for the purchase, repairs, renovations or operation of John Burke
Apartments, and
WHEREAS, the Town Board has considered Liberty’s proposal for acquiring and
renovating John Burke Apartments and believes the project would benefit the residents of
John Burke Apartments and would be a benefit to the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Town
Supervisor to consent to the formation of a redevelopment company as proposed by Liberty
Affordable Homes, Inc., and sign any required document evidencing such consent, for the
purpose of enabling the redevelopment company to acquire and renovate John Burke
Apartments, all in accordance with Article V of the New York State Private Housing
Finance Law, and
BE IT FURTHER,
TOWN BOARD MEETING 03-01-2010 MTG. #9 11
RESOLVED, that the Queensbury Town Board shall meet and hold a Public
Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on
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Monday, March 15, 2010 to hear all interested persons concerning the draft Agreement
proposed by Liberty Affordable Homes, Inc. for periodic payments in lieu of taxes on John
Burke Apartments by the redevelopment company, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to
provide the public with at least 10 days’ prior notice of the Public Hearing by causing a
Notice of Public Hearing to be timely published in the Town’s official newspaper and by
posting the Notice of Public Hearing on the Town’s bulletin board at least 10 days before
the date of the Public Hearing, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Clerk,
Town Supervisor, and/or Town Counsel to take such other actions and give such other
notice as may be necessary or appropriate in preparation for the Public Hearing set by this
Resolution
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Duly adopted this 1 day of March, 2010, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: Mr. Montesi
Discussion held before vote: Councilman Brewer-Questioned if at the next workshop will
the Board be reviewing the PILOT with the Town Counsel? Supervisor Stec-If the Board
wants to and if Mike is available we can. This resolution would authorize me to sign a
consent formation for the redevelopment company in order to allow that process to move
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forward. Secondly this would set a public hearing for March 15 on a Pilot Agreement.
Town Counsel Mike Hill-The Pilot Agreement is for thirty one years, the length of the term
of the financing. Supervisor Stec-John Burke Apartments is about forty years old with two
hundred and twenty seven units this would not change the current mix or current number of
units it would allow for. It is a financing scheme by Liberty who is managing and owning
the properties to basically go in and do a lot of fix up work on all of the units and basically
update it to current standard and make it a more healthy development. If we do not want to
approve the Pilot Agreement or not comfortable in being the supervising agency that if we
did not act to approve the Pilot then that would kill the project. The Board Members are
concerned to a varying degree over the Town becoming the supervising agency.
Councilman Strough-In approving this consent to the formation of a redevelopment
company to the purchase and renovate John Burke Apartments doesn’t obligate us at this
point in time to be the supervising agent, that would happen when all is said and done?
Town Counsel Hill-By consenting that is a step that is taken by the supervising agency so to
that extent if you are consenting to the formation of the redevelopment company but again if
TOWN BOARD MEETING 03-01-2010 MTG. #9 12
information that we receive within the next two weeks regarding the responsibilities of the
supervising agency or the costs that may come to the town in terms of insurance premiums
and other things if those lead you to believe that it would not be wise for the Town to
continue this course with regards to the proposed project then by disapproving of the Pilot
Agreement the project would be terminated and the towns responsibilities would end.
RESOLUTION APPROVING AUDIT OF BILLS – WARRANT OF
ND
MARCH 2, 2010
RESOLUTION NO.: 130, 2010
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills
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presented as a Warrant with a run date of February 25, 2010 and payment date of March
nd
2, 2010,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with
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the run date of February 25, 2010 and payment date of March 2, 2010 totaling
$556,165.98, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
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Duly adopted this 1 day of March, 2010, by the following vote:
AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: Mr. Montesi
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN
OF QUEENSBURY AND PYRAMID MALL OF GF NEW CO., LLC
CONCERNING AVIATION ROAD PROPERTY (FORMER SITE OF
HOWARD JOHNSON’S HOTEL) OR AUTHORIZING TOWN
COUNSEL TO COMMENCE ACTION IN SUPREME COURT
RESOLUTION NO.: 131, 2010
TOWN BOARD MEETING 03-01-2010 MTG. #9 13
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Pyramid is the legal owner of certain property located at 524 Aviation
Road in the Town of Queensbury (Tax Map No.: 302.5-1-96.1) which was the former site
of a Howard Johnson’s hotel (Property), and
WHEREAS, the Property has not been used as a hotel since approximately 1999,
and
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WHEREAS, on February 3, 2010, Representatives of the Town of Queensbury,
including, but not limited to, the Town’s Fire Marshal, Director of Building and Codes
Enforcement and Town Health Officer, met with representatives of Pyramid and toured
the abandoned structure, and
WHEREAS, the parties agreed that the Property should be demolished in a safe
and timely manner, and
WHEREAS, the Property is currently boarded and is in deteriorating condition and
is not suitable for rehabilitation, and
WHEREAS, the Town has determined that the Property is or will become an
attractive nuisance posing a considerable public health risk, and
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WHEREAS, by letter dated February 24, 2010, the Town of Queensbury’s Health
Officer opined that the structure is a health hazard due to wild animal population (rats),
general uncleanliness and public nuisance and that the abandoned outdoor pool is a potential
breeding ground for mosquitoes, and
WHEREAS, Pyramid has requested that the Town forego any condemnation
proceedings or enforcement action in exchange for its agreement to demolish the premises,
WHEREAS, the Town and Pyramid wish to enter into an Agreement regarding this
matter, and
WHEREAS, the Town Board believes it to be in the public interest to authorize such
Agreement substantially in the form presented at this meeting, and
TOWN BOARD MEETING 03-01-2010 MTG. #9 14
WHEREAS, the Town’s Fire Marshal and Director of Building and Codes
Enforcement are charged with enforcement of the Town’s Property Maintenance Codes
and have recommended that if Pyramid does not agree to the timely abatement of the
Public Nuisance including demolishing the unsafe structures, the Town Board commence
a Supreme Court action against Pyramid to require conformance with the Town’s
Property Maintenance Codes, and
WHEREAS, the Queensbury Town Court lacks injunctive power to require this
action, and
WHEREAS, if Pyramid does not execute the Agreement substantially in the form
presented at this meeting, the Queensbury Town Board wishes to pursue preliminary and
permanent injunctive relief requiring that the property be immediately secured and
thereafter demolished in a timely fashion, or allowing the Town to do so and the charges
assessed against the owner and made a lien against the property,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement
between the Town and Pyramid Mall of GF New Co., LLC substantially in the form
presented at this meeting, and
BE IT FURTHER,
RESOLVED, that if the Agreement between the parties is not finalized within 10
days of the date of this Resolution, the Town Board hereby authorizes and directs the
commencement of a Warren County Supreme Court action to pursue preliminary and
permanent injunctive relief against Pyramid Mall of GF New Co., LLC concerning the
property located at 524 Aviation Road in the Town of Queensbury (Tax Map No.: 302.5-
1-96.1) as referenced in the preambles of this Resolution, and
BE IT FURTHER,
TOWN BOARD MEETING 03-01-2010 MTG. #9 15
RESOLVED, that the Town Board authorizes and directs the Town’s Budget
Officer to arrange for payment of any Court and/or litigation costs related to this matter
from the account(s) deemed to be appropriate by the Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs Town Counsel to file
any necessary documentation to commence such proceeding and the Town Supervisor,
Town Counsel, Director of Building and Codes Enforcement, Fire Marshal and/or Town
Budget Officer to take any and all action necessary to effectuate all terms of this
Resolution.
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Duly adopted this 1 day of March, 2010, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
Discussion held before vote: Supervisor Stec-The Town Staff and our Public Health Officer
and Representatives of Pyramid Company and Town Counsel Radner, Councilman Strough
and myself toured the property. Before the tour Pyramid would like to and has promised to
tear down the old Howard Johnsons Hotel. They asked for enough time to deal with
asbestos issues, need a plan and study and qualified people to handle the asbestos. We are
concerned and discussed this with Pyramid and their local counsel that they do not have a
great track record with timeliness and follow through and for those reasons we wanted to put
some penalties in place in the agreement. Their Attorney gave their red line version of the
agreement…the Board will be informed of any changes to the agreement before I will sign
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the agreement. They asked for an October 1 deadline, all the Board wanted a shorter one,
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we proposed an August 31 deadline, they came back today that they prepared the October
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31 deadline. Councilman Brewer-I prefer the August deadline…Supervisor Stec-We
proposed a thousand dollars a day if they don’t have it down, they are expressing concern
with that. The second half of the resolution would authorize Town Counsel to commence
Supreme Court Action if we do not have an agreement with them in ten days from now.
There is risk in going to Court….We will continue to work with Pyramid to strike an
agreement that works for all of us. Councilman Brewer-We brought this up a month ago,
they have had ten years they have owned the building and done absolutely nothing with it in
my opinion on the record, that you can tell Pyramid that there is one Councilman will not
agree to anything later than August. If they had a buyer and wanted to develop that they
could do it. That is an entrance to the Town of Queensbury and it looks crappy, to be polite.
They have got to do something, I do not want to do it on their terms I want to do it on our
terms, if it takes fighting then we fight, in my opinion. Supervisor Stec-I couldn’t agree
with you more I will not sign anything without you all seeing what it is.
3.0 CORRESPONDENCE
NONE
4.0 TOWN BOARD DISCUSSIONS
TOWN BOARD MEETING 03-01-2010 MTG. #9 16
WARD IV TIM BREWER
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Want to set up a link on our Website for the 2303 people in Queensbury that the
State is holding their money… Supervisor Stec-This is not just a Queensbury issue it
is every municipality in the State, if you have an old security deposit or cancelled
insurance policy or power bill, eventually when they cannot figure out where to pay
it, the money makes it way to an account that the State Comptrollers Office controls
and they have a list for each municipality and you can search your name and find out
if the State is holding money for you…they are trying to raise public awareness so
they can return the money to its rightful owners. If you are on the list there is at least
fifty dollars waiting for you.
WARD III JOHN STROUGH
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Queensbury Post-listing events for seniors 55 and older. wwwseniorsonthego.org
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next month they will have their 30 Anniversary Luncheon call for more
information 761-8224
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Warren County Soil and Water Conservation Dist. Annual report of 2009..reviews
all their activities to protect and improve the environment. Thanked Dave Wicks
and Jim Leiberum
WARD I ANTHONY METIVIER
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Councilman Strough and myself met with a group of business owners in
Queensbury to try to come up with ways to promote Queensbury. It was a great
meeting and we have another one coming up this Wednesday night … the idea is to
fill beds and to get people to come in off season. … We want involvement within
the Community if anyone has any ideas or if you want to join us please contract
myself of Councilman Strough. Councilman Strough-I have a draft of all the things
that the Town of Queensbury offers their visitors … Councilman Metivier-There
are conventions that the Chamber of Commerce goes to that the purpose is to
promote conventions in town, we have nothing in this town to hand out during the
conventions, the sky is the limit if we really want to put this together to promote
Queensbury. We are also looking into a website, we have a great website for the
Town of Queensbury but it does not promote Queensbury, it is a great tool for
people in Queensbury but we are looking at the next step to have people say
Queensbury New York and yes we have the lake and yes we have nice things in
Glens Falls but we also have Queensbury, that is what we are working on doing.
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Remember to stay off the ice in Lake George because it is not safe, this year it is
doing very strange things which I cannot figure out. Be careful if you adventure out
onto the ice and just watch where you are walking.
SUPERVISOR STEC
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Thanked TV8 and our sponsors…over seven years ago we were the first town in
the region to televise our meetings
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The Town has a very good website www.queensbury.net
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Spoke on possible local law on sex offenders housed in local motels/hotels
Lake Luzerne is working on a local law on sex offenders, if a hotel wants to house
sex offenders they would have to be licensed and they have to agree to a certain
set of rules among them is a cost for the license, and limited numbers to be
housed in a given hotel and posting requirement for the public. Colonie has had a
local law for the past eight months regarding this, our Town Counsel is looking
into this …
TOWN BOARD MEETING 03-01-2010 MTG. #9 17
RESOLUTION ADJOURNING TOWN BOARD MEETING
RESOLUTION NO. 132, 2010
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns its Town
Board Meeting.
st
Duly adopted this 1 day of March, 2010 by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: Mr. Montesi
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury