2005-04-04 MTG17
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
REGULAR TOWN BOARD MEETING MTG. #17
April 4, 2005 RES. 172-191
7:00 p.m. BOH 9-10
LL. 1
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ROGER BOOR
COUNCILMAN THEODORE TURNER
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN OFFICIALS
Budget Officer Jennifer Switzer
Executive Director of Community Development Marilyn Ryba
Town Counsel Bob Hafner
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BOOR
SUPERVISOR STEC-Open the Meeting
1.0 PROCLAMATIONS
PROCLAMATION
WHEREAS
, adults who provide alcohol to those below the legal drinking age
of 21 are placing those youth at risk for health, safety and legal problems, and
WHEREAS
, alcohol kills 6.5 times more young people than ALL other illicit
drugs combined, and usage among teens often accompanies traffic fatalities and
other high risk behaviors such as unsafe sexual activity, tobacco and other drug
use, and contributes to illegal activity such as vandalism and theft, and
WHEREAS
, alcohol use by young people is dangerous, not only because of
the risks associated with acute impairment, but also because of the threat to
their long-term development and well-being, and
WHEREAS
, it is illegal to give or allow teens other than your own, to drink
alcohol in your home, even with their parent’s permission, and
WHEREAS
, anyone found guilty of providing alcohol to youth can face up to a
$1,000 fine and one year in jail, in addition to any civil action that can be
brought as a result of damages or injury related to the offense, and
WHEREAS
, any citizens who are aware of underage drinking at teen house
parties are responsible to report such activity to their local law enforcement
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agency by calling Warren County Sheriff’s Office or the New York State Police,
and
WHEREAS
, adults have the authority and responsibility to our youth to
provide them with alternative opportunities by creating alcohol free activities,
and
WHEREAS
, CAN (Caring, Awareness, Nuturing), the Town of Queensbury
chapter of the Communities That Care organization, sponsors the Parents Who
Host, Lose The Most Campaign provides the educational materials to raise
community awareness regarding this illegal and unhealthy practice, and
WHEREAS
, parents and the community must take responsibility to give
teens the clear message that there is no safe way to drink alcohol, and
WHEREAS
, the Town of Queensbury encourages residents to refuse to provide
alcoholic beverages to underage youth and to take the necessary steps to
discourage the illegal and unhealthy practice, including the reporting of
underage drinking by calling your local police, and
NOW, THEREFORE
, be it resolved that the Town of Queensbury not only
discourages the use of alcohol by those below the legal age of consumption but
also exhorts all residents of Town of Queensbury to refuse to provide alcoholic
beverages to those underage youth, and will continue to take the necessary steps
to discourage this illegal and unhealthy activity.
NOW, THEREFORE
, we, the Town Board of Queensbury, State of New York
the month of April, 2005 to be: Parents Who Host, Lose
do hereby proclaim,
the Most Month 2005.
_________________________________ Dan Stec, Town Supervisor
__________________________________ Roger Boor, Ward 1 Councilman
__________________________________ Ted Turner, Ward 2 Councilman
__________________________________ John Strough,Ward 3 Councilman
__________________________________ Tim Brewer, Ward 4 Councilman
Supervisor Stec-Thanked John Strough for working closely on the towns
behalf with the Communities that Care Organization also known the local
chapter as Queensbury CAN, I would ask that you bring this back to them
with the towns regards and thanks.
Councilman Strough-Thank you. I also have a version for the County would
you bring it to the County.
Supervisor Stec-I would be happy to.
Councilman Strough-Along with this effort we are trying to run this program
through April and June time of the prom, time of graduation and I do not
think we need any more reminders than what was on the front page of the
Post Star today. We are a community that cares and this Town Board cares.
In school we ran a logo campaign to develop a logo for the Queensbury
Chapter of Communities that Care (Showed drawing) Mary Curtin an Art
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Student developed this for us and Robin Fitzpatrick did computer touching
up and made it into a logo that we could put anywhere. Noted that a poster
will be made and G.F. Printing will publish it for us to be distributed in the
Greater Queensbury Community.
PROCLAMATION
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WHEREAS,
The Queensbury Senior Citizens, Inc., celebrated its 25 Anniversary
March 7, 2005, and
WHEREAS,
The Queensbury Senior Citizens organization has endeavored to promote
Good will and fellowship through social, educational, recreational and
Charitable purposes beneficial to the public interest and community, and
WHEREAS,
The volunteers of the Queensbury Senior Citizens, Inc., have provided the
afore mentioned services to all residents of the Town of Queensbury for
the past 25 years, and
WHEREAS,
The Queensbury Seniors make and donate knitted hats for the Snuggery at
Glens Falsl Hospital and lap robes for the veterans at the Veteran’s
Hospital and food items for the Family Services Food Pantry, and
WHEREAS,
The members of the Queensbury Senior Citizens, Inc., provide a valuable
Service to the senior residents of the Town of Queensbury and to the
Region at large,
NOW THEREFORE BE IT
PROCLAIMED,
that the Town of Queensbury, on behalf of all its citizens, hereby
Dedicates the month of April 2005 as a time to recognition and honor for
The many accomplishments of the Queensbury Senior Citizens, Inc.
_____________________ Dan Stec, Town Supervisor
_____________________ Roger Boor, Ward 1 Councilman
_____________________ Ted Turner, Ward 2 Councilman
_____________________ John Strough, Ward 3 Councilman
_____________________ Tim Brewer, Ward 4 Councilman
Supervisor Stec-Presented the proclamation to the President of the
Queensbury Senior Citizens Joseph Fusco. Thank you very much again for
both of those organizations Communities that Care and the Queensbury
Seniors for their dedication to the Queensbury Community and the hard
work that they put in really at both ends of the age bell curve.
2.0 QUEENSBURY BOARD OF HEALTH
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RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF
HEALTH
RESOLUTION NO. 172.2005
INTRODUCED BY: Mr. Roger Boor 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.
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Duly adopted this 4 day of April, 2005 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE
DISPOSAL VARIANCE APPLICATION OF ROBERT AND
VICTORIA GLANDON
RESOLUTION NO.: 9, 2005 BOH
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of
Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s
On-Site Sewage Disposal Ordinance, and
WHEREAS, Robert and Victoria Glandon have applied to the Local Board of
Health for a variance from a provision of Chapter 136 to install an absorption field 15’ from
the dwelling in lieu of the required 20’ setback on property located at 63 Knox Road,
Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public
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hearing on April 25, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Robert and Victoria Glandon’s sewage disposal variance
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application concerning property located at 63 Knox Road, Queensbury (Tax Map No.:
239.7-1-13) and at that time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury
Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a
copy of the Notice to neighbors located within 500 feet of Mr. and Mrs. Glandon’s property
as required by law.
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Duly adopted this 4 day of April, 2005, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
Discussion held before vote: Councilman Strough-Are we going to see a perk test?
Engineer MacElroy-Noted that the results are indicated on the plan.
RESOLUTION ADJOURNING QUEENSBURY BOARD OF
HEALTH
RESOLUTION NO. 10.2005 BOH
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS
ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED
, that the Town Board of the Town of Queensbury acting as the
Queensbury Board of Health hereby adjourns its Meeting and returns to
regular session.
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Duly adopted this 4 day of April, 2005 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
3.0 CORRESPONDENCE
3.1 Landfill Monthly Report March 2005 on file
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4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR
NONE
5.0 OPEN FORUM FOR GENERAL AND RESOLUTIONS (LIMIT
5 MINS)
Mr. Dick Merrill-6 Sunset Trail, North Queensbury Noted winter snow is
gone and the spring trash has appeared, there are volunteers that pick it up, if
we want to do some beautification in the town I think the first thing to do is
address the trash. I would encourage the town to take the lead in this.
Councilman Brewer-Noted that Landfill Supt. Jim Coughlin is the process of
arranging to contact a half dozen people to clean up the roads in the Town.
Supervisor Stec-This is a good opportunity to recognize the Town Highway
Supt. Rick Missita, adopt the highway program, there are a lot of
organizations that have adopted a highway and are doing a good job.
Mr. Merrill-Questioned if there is going to be a brush pickup this year?
Supervisor Stec-Yes. The pickup will be in May.
Councilman Brewer-The schedule is on the web site.
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Councilman Boor-April 23 is free tire disposal day at the landfill.
Mr. Bill Flaherty-51 Sara Jen Drive, Queensbury Vice President of
Business Services for this region for Niagara Mohawk Spoke on
Underground Utilities Local Law that was adopted in July…hoped that they
could consider not implementing the law…1. It is going to be costly for
residential and commercial customers that are going to have to underground
their services. 2. I do not think it is good for economic development in this
area. We are a proponent of economic development at Niagara Mohawk but
I do not think it is in the best interest of that, I say that, as a member of the
board of Warren County DEC as well as the Chamber. The impact will not
help economic development. There are four commercial corridors that you
are applying that law to. I think with the costs and everything else, because
of more extensive engineering these project will not help economic
development. I have reviewed the minute notes and the tapes from the
meeting back in July and it was pretty apparent that there was a lot of
confusion about that law particularly from the public, some of the statements
that were made, people not quite sure who was paying for what even
amongst the town board members. I think that is one of the problems here is
that no one was talked to, previous to the adoption of that law. This impacts
a lot of people not just Adelphia, not just Verison, not just us, it impacts a lot
of commercial and residential customers. There is a lot of unintended
consequences I think as a result of this law. I have talked to a lot of
developers and commercial customers over the last couple of months and
people are not aware of the impact of that law. That is significant, we need
to have a better understanding in the community as to how this impacts
others. We took that action of legal proceeding that is not the way we
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particularly like to proceed but we have to protect our interests here we
have to protect the interest of our ratepayers that is why we did it. I am
certainly open to dialog on this, we have had some conversation regarding
the Main Street plan with the County Consultants, Barton and Loguidice we
raised a number of issues a few weeks ago that really need to be considered
if you are going to underground utilities. The kind of project the extent of
this project a mile of underground, we have not done this before in our
service territory, it is rarely if ever done. Noted he was involved in a similar
project in Massachusetts and three and a half years later they have still have
not put a shovel in the ground on that project very similar to the one here.
Just the real estate acquisition alone takes a long time, it is a significant
project, it is not to say you cannot underground but it impacts all the utilities
as well as the customers that have to put the services underground. We have
offered options and we want to talk about the overhead options. I think that
is something that still should be considered. The bottom line is that this law
we do not feel is a good one and certainly we would like to consider its
implementation. Thank you.
Mr. Rigby-Question the status of the legal proceedings with Glens Falls on
the zoning?
Supervisor Stec –Again it is litigation and we generally do not discuss our
litigation. Noted that the Town is going to contact the City formally in the
very near future to try to avoid litigation.
Mr. Rigby-Questioned the progress on the recreation center.
Supervisor Stec-There will be on Friday a real estate closing for forty-nine
acres adjacent to Town Hall and East of the Highway Garage, the plan
currently is that it would be the location for the recreation center. The
Recreation Commission will be setting up four informational meetings and
we are setting up a special town board workshop to hear their presentations
late in April or beginning in May.
Councilman Strough-Noted that there is a mailing coming out any day
regarding the proposed Recreation Center.
Mr. Pliney Tucker-41 Division Road Re: 7.14 Easement to Michaels
Group What is that about?
Councilman Strough-The Convenience Store to use the Town Road as part
of an access to the Convenience Store and Gas Station.
Supervisor Stec-Noted it will not be a vehicle type of road, it will be a bike
path the town will still owns the property.
Executive Director Marilyn Ryba-The point of the Planned Unit
Development was to make sure that there would be a connection between
the residential area and commercial activity. When it went before the
Planning Board there was some concern by residents of putting a road in the
discussion ended up with a bike path/walking path that would serve the same
purpose. The Town will still have a right of way that would be required that
in case of the future it was decided a town road would make sense there.
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Mr. Tucker-Questioned the property above the water treatment plant?
Attorney Hafner-I spoke to Niagara Mohawk personnel last week, they
expect us to have documents from Niagara Mohawk within the next couple
of weeks.
Mr. Tucker-Spoke about another issue where a house might have been built
on Nigara Mohawk Property?
Attorney Hafner-The Assessor understands that the house was built via a
lease or license so I think your concern was squatter’s rights, people taking
ownership by using it. That is not the case if they have a lease or a license.
She seemed to think that was not going to be on the property that the town is
going to get when we get the proposed deed and map from Niagara Mohawk
we will compare it to where this house is located.
Mr. Tucker-Noted he believed there was five and a half acres involved
originally.
Attorney Hafner-It is five or five and a half the record alternates.
Councilman Brewer-It is nothing less than five acres.
Mr. Tucker-7.18 Is that the same law that you were talking about?
Supervisor Stec-That was the law that was passed twice already. We did not
change it again since the public hearing we had last meeting. We did get a
chance to discuss it again and people can change their minds between one
meeting and another but based on what I last heard the town is confident that
we knew what we were doing two years ago when we made this decision
and the information has not really changed in the last two years to make us
want to change our minds now.
Mr. Tucker-Mrs. Matuszak was going to be here tonight we have a lot of
questions on this re- assessment.
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Supervisor Stec-On the re-val Friday the 1 was the last day for meetings at
the Insurance Building, in the next three weeks individuals that have
questions can call the Queensbury Assessor’s Office if you did not make it
in for one of the those interviews. Talking to the Assessor’s Office is now
just as good and have the same impact as it would have if you had gone to
the Insurance Building for those meetings. Anyone that has had meetings
will be getting a statement toward the end of the month or beginning of May
telling them the outcome. Another process Grievance Day, Tuesday, May
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24 when the Board of Assessment Review will convene to go through their
deliberations. Further information available on the Town’s web site
www.queensbury.net
Mr. Peter Brothers-RE: Independent Fire Districts Would like to see
implemented in No. Qsby. Noted No. Qsby. will be paid off in two years…
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Supervisor Stec-Right now the Town and the Fire Companies are not in any
discussions about fire districts, it has been mentioned in fairness and
certainly North Queensbury has mentioned it and the Town certainly
understands the issue as far as why No. Queensbury Fire would be interested
in it but right now the Town is not actively pursuing it nor am I aware of any
fire company that is actively pursuing it.
Mr. Peter Brothers-North Queensbury sends a lot of money into the fund per
se and then they get very little back compared with others that I think send in
little and get a lot back. When the time is right maybe we could consider
putting this also in the general fund where we could draw off the sales tax
revenue.
Supervisor Stec-To my knowledge it is not a legal possibility.
Mr. Peter Brothers-Re: Medicaid situation would like to have more
discussion at the County, hope they would advocating some kind of change
in the Medicaid system at the State Level…
Supervisor Stec-The County has passed resolutions and has lobbied at the
Federal Level and State Level to try and correct the issue.
Mr. John Salvador-Re: 7.14 Why is it necessary to grant an easement, why
not enter into a contract?
Supervisor Stec-This is the form suggested by Town Counsel.
Mr. Salvador-Re: Fire Tax noted there are significant County Facilities that
do not pay a fire tax, County Center, Airport, Community College, and
Nursing Homes…as a district tax users are supposed to pay. Re: I think you
can abandon the taxing district and fold it into the Town General Fund Re:
Litigation with the City over the watershed property - you want that for
passive recreation, why don’t you define what you mean as passive
recreation develop a passive recreation zone and list the allowable uses in
that zone. Re: Expansion of Crandall Library Crandall Library is a special
district library in which the public is supposed to own the library and votes
for the trustees and the budget, we all know that the district does not own the
library neither does the district own the library that it is built on so we have a
problem there. The last paragraph of the enabling legislation calls it an
improvement district, that can be funded by taxpayers and it can be private
property but the voting is different in an improvement district than it is in a
public library district and that is the problem that we have. In an
improvement district, taxpayers, property owners get to vote, that is not the
way it is for Crandall Library. Queensbury pays a share in the total library
budget that is the measure of the number of card holders in the community
and should be audited by our town.
Supervisor Stec-Asked for further input…no one spoke
6.0 TOWN BOARD DISCUSSIONS
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Councilman Boor-Re: landscaping at the corner of Bay and Quaker has the
insurance aspect gotten ironed out? How will volunteers be covered?
Budget Officer Switzer-After speaking with Gary Eddy it is a program that
we would need to set up identifying the type of program that it is, how many
hours and then track the volunteers and the type of work that they are doing
and when they are there. It would be nominal fee to have that.
Supervisor Stec-This should be set up for this or anything else…hope to
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have a resolution on April 11for this and the audit… Noted our web site
has pictures on the proposal for the corner of Bay and Quaker Road…
Councilman Brewer-Speed limit concern on Old Forge Road by the
Reservoir, from the Plug Mill to before it turns into Peggy Ann…requested
that the Sheriff be contacted to put the radar sign up in that area to reduce
the speed.
Supervisor Stec-Noted he will call and write a follow up letter requesting the
speed wagon.
Councilman Strough-Some residents have expressed concern over the Farr
Lane, Potter Road, Aviation Road intersection…maybe it is time to have a
traffic expert take a look at those sites. The solution maybe as simple as a
traffic attendant up there for the one hour in the morning. Re: Queensbury
Post – April 2005 spoke about the list of activities for the
Seniors…encouraged those who have not joined to do so. Re: American
Federation Association Planning April Issue - Article on designing your
community so that the members of the community remain healthy…big item
is bike trails – bike trail systems improves health of the community…
Supervisor Stec-Thanked TV8 and Glens Falls National Bank for
broadcasting the Town Board Meetings. Towns web site is
www.queensbury.net minutes and agendas are available on that site…
Warren County DPW is working on a study of the corner of Bay Road and
Moon Hill moving toward a flashing light red and caution lights this
spring…The Town is requesting from the State to lower the speed limit on
Meadowbrook Road…Meadowbrook Road will be repaved by the Highway
Dept. this year … The intersection of Haviland and Meadowbrook is very
awkward suggested to move the intersection approximately three hundred
feet to the east that will improve site distances, that is being worked on.
West Mountain Road and Corinth Road corridor widening, engineering
work is progressing on that, the County is drafting a letter that will be
coming out to residents on West Mountain Road between Aviation and
Peggy Ann Roads and in the future for Corinth Road on what easements we
will need. There will be construction on West Mountain and Corinth Road
later this year.
Councilman Brewer-I thought we were assured that 1.2 miles on Corinth
Road would be done this year.
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Supervisor Stec-Yes. I will be signing the real estate property closing on
Friday for the forty-nine acres for $230,000, the property is adjoining the
Town Office Building Property…. Re: Bill for service We have started to
see money trickle in, as of today it is around ten thousand dollars that has
come in, it is too early to see if it is a steady stream…There still work to be
done with Medicare … I need to mention to the Town Board and I will do
publically for my own reasons the seriousness and the potential damage
that can be done to the Town if executive sessions are not respected. We did
have an executive session on litigation matters last Monday and Tuesday
morning I did receive phone calls with very detailed questions from the
reporter and I will not go into what the litigation was although I am sure
some people can guess. I will not get into who I asked on the Town Board
and who said that wasn’t them and who I did not hear from. Again, whether
you like the litigation or you liked the position that the Town takes either as
a Board Member or as a member of the public the bottom line is that the five
of us collectively were entrusted to make those decisions about what is
appropriate for executive session and what isn’t and what course to take and
strategy in litigation is important and that is why the law allows for
executive sessions and confidentiality. So, I just want to remind Board
Members as we move forward to be more sensitive in the future executive
session items.
Councilman Strough-Also, along that line when we agree to no comment
that is the standard, no comment.
Supervisor Stec-Well, I would not have gotten a phone call if a Town Board
Member hadn’t leaked litigation, wrong information to the press that needed
to be corrected. As I said in my e-mails I did the best I could with damage
control, I am certainly not going to take the hit on the article that was in the
paper, John. I offered to leave it at that.
Councilman Strough-Well, I just thought I would add something to it
because but more importantly lets move on. I think we are in agreement on
that and I do not think anybody did to be honest with you.
Councilman Brewer-Well, I can tell you Tim Brewer did not have a copy of
that letter, I left it with you, Ted left it with you I do not know if Roger had a
copy or if Dan had a copy but I can tell you in front of the public I did not
have a copy of it so there is no way that I gave it to the Post Star.
Councilman Strough-I am not going to belabor this Tim, you had it on the e-
mail.
Councilman Brewer-Well, you are making an issue of it John, I do not have
it on my e-mail because nobody ever e-mailed it to me John, you originated
the letter so if you want to lay the cards on the table.
Supervisor Stec-I think in fairness I think it was e-mailed and you may not
have opened it.
Councilman Boor-Also in fairness I think there has been some assumptions
that the e-mail occurred after the executive session and I think if somebody
had just taken the time to ask the reporter they would have found out that
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perhaps the e-mail arrived at the reporters desk well before any Attorney
Client Privilege or executive session.
Supervisor Stec-That may be true
Councilman Brewer-But it has to do with litigation Roger, is the issue.
Councilman Boor-..it did not have to do with litigation
Supervisor Stec-Roger I would say that what you are saying
Councilman Brewer-It certainly does.
Councilman Boor-And I did not do it, but just so you know, if you had asked
the reporter, which I did, I you would have found out what I did that nobody
violated what we talked about sending that letter after we had the meeting.
Supervisor Stec-Well, what I will point out and that maybe true, however,
one, I would question the wisdom of sending it in advance of the executive
session to the reporter at all.
Councilman Boor-It was one individuals opinion it was not adopted as what
this Town Board was going to do, people are entitled to talk to the paper
about what they would like to see.
Councilman Brewer-Understood, but when they make issue or make
presence of the Town Board is will to do this if it is one person.
Councilman Boor-Nobody did that Tim.
Councilman Brewer-Roger, read the article, it says the Town Board, I did
not agree to do that.
Councilman Boor-I did not say anything about it in executive session and
neither did John.
Councilman Turner-If you are going to talk about that
Councilman Boor-You can ask the reporter, she is here, you want to find out
where it came from?
Councilman Brewer-I know where it did not come from I can tell you that,
that is all that matters to me, Roger.
Supervisor Stec-Go ahead Ted.
Councilman Turner-When you know that you are going to go into executive
session you do not peddle your papers ahead of time.
Supervisor Stec-I think that potentially, what actually happened what came
of it in this particular instance wasn’t a big deal, the potential for and the
precedence it sets and the respect for your fellow board members for
litigation matter, if it occurred before I do not see where it is usually better
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and if it did happen before anyone of the four e-mails that were sent out
asking that could have been responded and said you know what Dan, I did it
and I did it before we promised not to talk about it. Although I think Ted hit
the nail on the head you do not, if you know that you are going to be talking
about something in executive session you don’t send your two cents to the
paper before you go into executive session. I will leave it at that.
Councilman Strough-Noted he sent an e-mail last week it had a draft letter to
property owners, we need to talk about that, requested that be scheduled for
Monday.
Supervisor Stec-It may be resolved before then.
7.0 RESOLUTIONS
RESOLUTION RESCHEDULING TOWN BOARD REGULAR
MEETING
RESOLUTION NO.: 173, 2005
INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Supervisor has requested a change to the regular Town
Board meeting schedule for April, 2005,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes a change in the
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April 2005 Town Board Meeting Schedule, from the regularly scheduled date of April 18
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to the new date of April 25, 2005.
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Duly adopted this 4 day of April, 2005, by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None
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RESOLUTION APPROVING PURCHASE OF OXYGEN
REGENERATION SYSTEM BY WEST GLENS FALLS EMERGENCY
SQUAD, INC.
RESOLUTION NO.: 174, 2005
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad,
Inc. (Squad) have entered into an Agreement for emergency protection services, which
Agreement sets forth a number of terms and conditions including a condition that the Squad
will not purchase or enter into any binding contract to purchase any piece of apparatus,
equipment, vehicles, real property, or make any improvements that would require the Squad
to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior
approval of the Queensbury Town Board, and
WHEREAS, the Squad has advised the Town Board that it currently spends $600-
rentingpurchase
$700 monthly oxygen and the Squad has the opportunity to an oxygen
regeneration system for an amount of approximately $30,000, or a monthly loan payment of
approximately $600, and such purchase will provide the Squad with the ability to fill its own
oxygen tanks on-site, and
WHEREAS, although moneys for oxygen provision are already allotted in the
Squad’s 2005 Budget, the Squad requires Town Board authorization for such oxygen
regeneration system purchase since the Squad will need to transfer moneys from its
operating expenses account to its debt service account, and
WHEREAS, such purchase will not increase the dollar amount in the Squad’s 2005
Budget and the Town Board agrees that such purchase would positively benefit the Squad,
other EMS agencies and ultimately the citizens of the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the West Glens
Falls Emergency Squad, Inc.’s purchase of an oxygen regeneration system for a sum of
approximately $30,000, and authorizes that moneys shall be transferred from the Squad’s
operations expenses account to its debt services account to provide for such purchase, and
BE IT FURTHER,
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Budget Officer to take any and all action necessary to effectuate the terms
of this Resolution.
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Duly adopted this 4day of April, 2005, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None
Discussion held before vote: Councilman Brewer-Will you have to buy tanks?
Representative of West Glens Falls Rescue Squad-Yes Councilman Brewer-How many
tanks will be have to buy? I have no problem with the purchase but I just want to know.
Representative of West Glens Falls Volunteer Fire Company-We are going to be buying
around forty tanks small tanks, four large tanks for the ambulances and two tanks to fill off
of. Councilman Brewer-This system will come with tanks. Supervisor Stec-West Glens
Falls has been renting oxygen for six to seven hundred dollars a month and they are
proposing to purchase an oxygen regeneration system for a total of thirty thousand and the
payback on this definitely indicates that it is cheaper over a very short course it will pay for
itself. Councilman Brewer-Questioned if other companies could fill from West Glens Falls
system? Supervisor Stec-Will check with Bay Ridge and North Queensbury to see what
their status is.
RESOLUTION ACCEPTING DEDICATION OF EXTENSION OF
BLACKBERRY LANE
RESOLUTION NO. 175, 2005
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Michael and Yvonne Wild have offered to dedicate to the Town of
Queensbury an extension of Blackberry Lane as more particularly described in the survey
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map prepared by VanDusen & Steves Land Surveyors, LLC dated January 14, 2005 and
presented at this meeting, and
WHEREAS, Highway Superintendent Richard Missita has recommended
acceptance of the road extension contingent upon the developer completing the top coat of
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the black-top within two years of the date of acceptance or by April 4, 2007 and Michael
and Yvonne Wild have provided the Town with a $10,000 cash escrow to ensure placement
of the top coat on the road extension by such date, and
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
WHEREAS, the Water Superintendent has confirmed that installation of water
mains and appurtenances has been made in accordance with the Town Water Department’s
standards, and
WHEREAS, the Director of Building and Codes Enforcement and Zoning
Administrator have recommended acceptance of the road extension, and
WHEREAS, the form of the deed and title to the road extension offered for
dedication has been reviewed and approved in form by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the
deed for dedication of an extension of Blackberry Lane in the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute, sign and affix the Town seal to any and all documents necessary to
complete the transaction including an Escrow Agreement to be in form approved by the
Town Budget Officer and Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
record the deed in the Warren County Clerk's Office, after which time the deed shall be
properly filed and maintained in the Queensbury Town Clerk’s Office, and
BE IT FURTHER,
RESOLVED, that the road be added to the official inventory of Town Highways as
follows:
Name: Blackberry Lane (Extension – first portion previously
dedicated)
Road Number: 342
Description: Beginning at Blackberry Lane and
continuing in a westerly direction a distance of 570’ and .11
of a mile and ending at a cul-de-sac.
Feet: 570’ and .11 of a mile
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
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Duly adopted this 4 day of April, 2005, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF ONE (1) 2005 JOHN
DEERE WHEEL LOADER FOR USE BY HIGHWAY DEPARTMENT
RESOLUTION NO.: 176, 2005
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Town Board previously adopted purchasing
procedures which require that the Town Board must approve any purchase in an amount of
$5,000 or greater up to New York State bidding limits, and
WHEREAS, the Town’s Deputy Highway Superintendent has advised the Town
Board that he wishes to purchase one (1) 2005 John Deere 624J Wheel Loader for use by
the Town Highway Department, and such proposed purchase has been budgeted for in the
2005 budget, and
WHEREAS, New York State Bidding is not required as the purchase is under New
York State Contract No.: PC60601,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Highway
Superintendent’s purchase of one (1) 2005 John Deere 624J Wheel Loader from John Deere
Construction and Forestry Company in accordance with New York State Contract
#
PC60601 for an amount not to exceed $78,037 (purchase price of $100,037 minus a trade-
in value of current loader in the amount of $22,000) to be paid for from funds budgeted in
the current year from Heavy Equipment Account No.: 004-5130-2040, and
BE IT FURTHER,
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Highway Superintendent, Deputy Highway Superintendent and/or 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 4 day of April, 2005, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT
MERCHANT MARKET LICENSE FOR SUPER SHOE
RESOLUTION NO.: 177, 2005
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, Super Shoe has submitted an application to the Queensbury Town
Board for a Transient Merchant/Transient Merchant Market License to conduct a transient
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merchant market from June 7through June 11, 2005 in the parking lot located at 1499
State Route 9, Queensbury in accordance with the provisions of Town Code Chapter 160,
and
WHEREAS, the Town’s Zoning Administrator has advised the Town Board that he
has reviewed the application materials and they are consistent with the requirements for
such uses, and since the 2005 application depicts the same level of operations as approved
with the applicant’s 2004 Transient Merchant License, it is not necessary to again refer the
application to the Planning Board for site plan review, and
WHEREAS, the Warren County Planning Board also reviewed the applicant’s prior
application(s) and recommended approval of the prior application(s),
NOW, THEREFORE, BE IT
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
RESOLVED, that in accordance with the requirements set forth in Queensbury
Town Code §160-8, the Queensbury Town Board hereby grants a Transient
Merchant/Transient Merchant Market License to Super Shoe (Applicant) to conduct a
transient merchant market for 3-wheel conversions for motorcycles, in the parking lot
located at 1499 State Route 9, Queensbury, subject to the following:
1. Applicant must pay all fees as required by Town Code Chapter 160;
2. Applicant must submit a bond in the amount of $10,000 as required by Chapter
160;
3. Applicant must submit proof of authorization to do business in New York and
authorization of agent to receive service of summons or other legal process in
New York;
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4. The License shall be valid only from June 7 through June 11, 2005 from 9:00
a.m. to 6:00 p.m., and the license shall expire immediately thereafter;
5. The Transient Merchant License shall not be assignable; and
6. The Applicant must comply with all regulations specified in Town Code §160-8.
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Duly adopted this 4 day of April, 2005, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING USE OF TOWN PARKING LOT AND
RESTROOMS BY EMPIRE STATE CAPITAL VOLKSSPORTERS
RESOLUTION NO.: 178, 2005
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, Empire State Capital Volkssporters has requested permission to use the
Town of Queensbury’s parking lot as the start point of a walk as well as the Town’s
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restroom facilities located in Town Hall, 742 Bay Road, on Saturday, May 21, 2005, and
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
WHEREAS, Empire State Capital Volkssporters has provided a certificate of
liability insurance naming the Town as an additional insured party,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes Empire State
Capital Volkssporters to use the Town of Queensbury’s parking lot and restroom facilities
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located in Town Hall, 742 Bay Road, on Saturday, May 21, 2005, and
BE IT FURTHER,
RESOLVED, that the Town Board further directs that Empire State Capital
Volkssporters shall have the responsibility to clean and/or repair the site to the satisfaction
of the Town’ Facilities Manager.
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Duly adopted this 4 day of April, 2005 by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT : None
RESOLUTION ADDING ASPEN RIDGE TO LIST OF TOWN
PRIVATE DRIVEWAYS AND ROAD NAMES
RESOLUTION NO.: 179, 2005
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
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 “Aspen Ridge,” a private drive entrance
located off of Moon Hill Road to the Town’s list of private driveways and road names,
NOW, THEREFORE, BE IT
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
RESOLVED, that the Queensbury Town Board hereby adds “Aspen Ridge” 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
“Aspen Ridge,” and
BE IT FURTHER,
RESOLVED, that any expenses associated with this Resolution shall be paid for
from the appropriate account.
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Duly adopted this 4 day of April, 2005, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None
RESOLUTION APPOINTING SCOTT BURNARD AS GIS &
UTILITIES LOCATION TECHNICIAN AT TOWN WATER
DEPARTMENT
RESOLUTION NO. 180, 2005
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, by Resolution No.: 287,2003, the Queensbury Town Board established
the full-time Union position of GIS & Utilities Location Technician in the Town’s Water
Department, and
WHEREAS, there is currently a vacancy in the position, and
WHEREAS, the Town’s Water Superintendent posted availability for the position,
reviewed resumes, interviewed interested candidates and wishes to make an appointment,
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Scott Burnard to
the full-time Union position of GIS & Utilities Location Technician in the Town’s Water
Department in accordance with the terms set forth in Town Board Resolution No.:
287,2003, and
BE IT FURTHER,
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RESOLVED, that Mr. Burnard’s appointment shall be effective April 5, 2005 and
shall be on a provisional basis until such time as he: 1) passes the Civil Service exam for the
position; 2) successfully completes an eight month probation period; and 3) passes the pre-
employment physical required by Town Policy; and shall be subject to any other applicable
Civil Service requirements, and
BE IT FURTHER,
RESOLVED, that Mr. Burnard shall be paid an hourly rate of $18.47, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town
Supervisor, Water Superintendent and/or Budget Officer to complete any documentation
and take such other and further action necessary to effectuate the terms of this Resolution.
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Duly adopted this 4 day of April, 2005, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION REAFFIRMING AND AUTHORIZING TRANSFER
OF VACATION AND SICK TIME ACCRUALS FOR DATA
COLLECTOR/APPRAISER
RESOLUTION NO. 181, 2005
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
WHEREAS, by Resolution No.: 576, 2004, the Queensbury Town Board appointed
Ted Bigelow as Data Collector/Appraiser in the Town Assessor’s Office, and
WHEREAS, Warren County Civil Service has advised that Mr. Bigelow’s transfer
from his employment at the City of Glens Falls to the Town of Queensbury is considered by
Civil Service to be a transfer of function and promotion, and therefore any vacation and sick
time accrued by Mr. Bigelow while he was employed at the City of Glens Falls may be
transferred to Mr. Bigelow’s accruals at the Town of Queensbury, and
WHEREAS, at the time of Mr. Bigelow’s hiring, the Town Board understood and
agreed that Mr. Bigelow would not lose any vacation and sick time accruals Mr. Bigelow
had earned while he was employed by the City of Glens Falls,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby reaffirms and authorizes the
transfer of Ted Bigelow’s vacation and sick time accruals Mr. Bigelow had earned while
employed by the City of Glens Falls, to Mr. Bigelow’s vacation and sick time accruals and
employee status at the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor,
Town Assessor and/or Budget Officer to complete any forms and take any other action
necessary to effectuate the terms of this Resolution.
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Duly adopted this 4 day of April, 2005 by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION AMENDING RESOLUTION NO.: 158,2005
REGARDING DESIGNATION OF TOWN POLLING PLACES
RESOLUTION NO.: 182, 2005
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
WHEREAS, by Resolution No.: 158,2005 the Queensbury Town Board designated
the Town of Queensbury’s polling places for each Election District, and
WHEREAS, the location for Ward 1 Election District 6 was inadvertently omitted
from such Resolution and therefore the Town Board wishes to amend Resolution No.
158,2005 accordingly,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends Resolution No.:
158,2005 to add the location for Ward 1, Election District 6 as the Warren County
Municipal Center, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby designates the following locations as the
2005 Town of Queensbury’s polling places for each Election District:
WARD/ELECTION DISTRICT LOCATION
1/1 North Queensbury Firehouse
1/2 Bay Ridge Firehouse (Bay Road)
1/3 Bay Ridge Firehouse (Bay Road)
1/4 Warren County Municipal Center
1/5 Bay Ridge Firehouse (Bay Road)
1/6 Warren County Municipal Center
2/1 South Queensbury Firehouse
2/2 Queensbury Activities Center
2/3 Queensbury Central Firehouse (Lafayette Street)
2/4 Queensbury Activities Center
2/5 Warren County Municipal Center
2/6 The Glen at Hiland Meadows
3/1 Queensbury 4/5 School Gym
3/2 Queensbury 4/5 School Gym
3/3 Queensbury 4/5 School Gym
3/4 Kensington Road School
3/5 Queensbury 4/5 School Gym
3/6 Queensbury 4/5 School Gym
4/1 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Rds)
4/2 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Rds)
4/3 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Rds)
4/4 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Rds)
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
4/5 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads)
4/6 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads)
4/7 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads)
4/8 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads)
4/9 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads)
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
forward a copy of this Resolution to the Warren County Board of Elections, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.:
158,2005 in all other respects.
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Duly adopted this 4 day of April, 2005, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION REQUESTING STUDY AND POSSIBLE SPEED LIMIT
REDUCTION FOR MEADOWBROOK ROAD
RESOLUTION NO.: 183, 2005
INTRODUCED BY : Mr.Theodore Turner
SECONDED BY : Mr. Tim Brewer
WHEREAS, due to increased road traffic, the Queensbury Town Board is concerned
about the current speed limit on Meadowbrook Road in the Town of Queensbury, and
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
WHEREAS, the Town Board wishes to adopt a Resolution requesting that the speed
limit be studied and possibly reduced on that section of Meadowbrook Road extending from
Quaker to Haviland Roads,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby requests that the speed limit
along Meadowbrook Road from County Route 254 (Quaker Road) north 9,021’ to County
Route 17 (Haviland Road) be studied and possibly reduced from the current 40 miles per
hour speed limit to 35 miles per hour, for safety reasons, and
BE IT FURTHER,
RESOLVED, that in accordance with New York State Vehicle and Traffic Law
§1622, the Town Board further authorizes and directs the Town Supervisor to forward a
certified copy of this Resolution and any other necessary documentation to the Warren
County Department of Public Works and/or New York State Department of Transportation
for the purposes of studying and possibly establishing such lower maximum speed limit.
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Duly adopted this 4 day of April, 2005 by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY CONROY REALTY, LLC
RESOLUTION NO.: 184, 2005
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Conroy Realty, LLC, previously commenced Article 7 Real Property
Assessment Review cases against the Town of Queensbury for tax years 2003/04 and
2004/05 concerning assessments on properties located in the Town of Queensbury at 53
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
Quaker Road (Tax Map No.: 296.18-1-2) and 407 Bay Road (Tax Map No.: 296.19-1-38)
and
WHEREAS, the Town Assessor has recommended a settlement proposal to the
Town Board and the Town Board has reviewed the cases with Town Counsel, and
WHEREAS, the Queensbury Union Free School District and the Glens Falls
School District have approved the proposed settlement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of
the pending Article 7 cases against the Town of Queensbury brought by Conroy Realty,
LLC, for the 2003/04 and 2004/05 tax years concerning assessments on properties
located in the Town of Queensbury at 53 Quaker Road ( Tax Map No.: 296.18-1-2) and
407 Bay Road (Tax Map No.: 296.19-1-38), in accordance with the following revised
assessment values:
53 Quaker Road :
(Tax Map No.: 296.18-1-2)
Current Revised
Tax Year Assessment Assessment
2003/04 $496,400 $468,200
2004/05 $496,400 $468,200
407 Bay Road :
(Tax Map No.: 296.19-1-38)
Current Revised
Tax Year Assessment Assessment
2003/04 $752,400 $688,700
2004/05 $752,400 $688,700
and
BE IT FURTHER,
RESOLVED, that assessments for future tax years shall be set as follows:
53 Quaker Road :
( Tax Map No.: 296.18-1-2)
Tax Year Assessment
2005/06 $440,000
2006/07 $440,000
2007/08 $440,000
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
407 Bay Road :
(Tax Map No.: 296.19-1-38)
Tax Year Assessment
2005/06 $625,000
2006/07 $625,000
2007/08 $625,000
and
BE IT FURTHER,
RESOLVED that the Town Board authorizes and directs payment of any and all
refunds without interest to Conroy Realty, LLC, within thirty (30) days from the date that
a Demand for Refunds is served upon the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute
settlement documents and take any additional steps necessary to effectuate the proposed
settlement in accordance with the terms of this Resolution.
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Duly adopted this 4 day of April, 2005, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING EXECUTION OF GREATER GLENS FALLS
URBANIZED AREA MS4S INTERMUNICIPAL PHASE II STORMWATER
PERMIT IMPLEMENTATION AGREEMENT WITH LAKE CHAMPLAIN –
LAKE GEORGE REGIONAL PLANNING BOARD
RESOLUTION NO.: 185, 2005
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Environmental Protection Agency (EPA) enacted Phase II
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
Storm Water regulations for regulated small municipal separate storm water sewer
systems (MS4s) in order to comply with the Federal Clean Water Act, and
WHEREAS, MS4s are conveyances owned by a public entity that discharge to U.S.
waters and are designed to collect and convey storm water, are not a combined sewer, and
are not part of a publicly owned treatment works, and a “small MS4” is an MS4 within
municipalities with a population of less than 100,000, including the Town of Queensbury,
and
WHEREAS, the federal Census Bureau designed all or parts of the following
municipalities as “urbanized areas”: the City of Glens Falls, Warren County, Washington
County, Town of Fort Edward, Village of Fort Edward, Village of Hudson Falls, Town of
Kingsbury, and Town of Queensbury, collectively known as the “Greater Glens Falls
Urbanized Area MS4s,” and
WHEREAS, the Town of Queensbury, as an MS4 community, is required to comply
with the EPA’s Phase II stormwater regulations and must submit an annual report and
municipal compliance certification form to the New York State Department of
Environmental Conservation (DEC) each year, and
WHEREAS, the City of Glens Falls, as the lead municipality, applied for and
received a $100,000 EPF matching grant for Stormwater Phase II implementation and each
MS4 community shall benefit equally from the grant funds and implemented programs,
including the Town of Queensbury, and
WHEREAS, a local “match” to the grant is required, such match to come in the
form of mainly in-kind services with a small portion being matched by cash contributions
from the municipalities, and
WHEREAS, the Town Board wishes to authorize execution of the Grant
Agreement, establish appropriations and estimated revenues for the grant award plus an
additional $12,500 to be contributed by the Town, and
WHEREAS, a copy of the proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts the $100,000 in
matching grant funds received from New York State for Stormwater Phase II
implementation, and authorizes and directs the Town Supervisor to execute the Greater
Glens Falls Urbanized Area MS4s Intermunicipal Phase II Stormwater Permit
Implementation Agreement substantially in the form presented at this meeting, and any
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
other associated documentation and take any other action necessary to effectuate the terms
of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer make any 2005 Town Budget adjustments, amendments, transfers or prepare any
documentation necessary to establish such appropriations and estimated revenues and
effectuate all terms of this Resolution.
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Duly adopted this 4 day of April, 2005, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES : None
ABSENT : None
Discussion held before vote: Executive Director Marilyn Ryba-A couple of years ago a
grant application, applied for funds by the Champlain Lake George Regional Planning
Board and the Warren County Soil and Water Conservation district and every municipality
in Warren and Washington Counties has agree to fulfill our requirements that are required
by the Federal Environmental Protection Agency including education requirements
including looking at all our site plans going out there when they are actually approved and
looking that the storm water requirements are met. There are a number of things that the
grants provides, quite a bit of this is education piece. What this funding does is provide
some money for example GPS equipment for municipalities to share so that we can locate
all of our storm water facilities such as drains. The other is some equipment that the City of
Glens Falls will utilize but other municipalities can use as well. The funding was received
and by authorizing the Town Supervisor to sign this is accepting a hundred thousand dollars
in matching funds so the Town will be providing matching with requirement with staff and
some funds. Councilman Strough-This will help us meet the EPA’s phase II storm water
regulations, in 2008 they have to be in effect, for the Greater Queensbury area, correct?
RESOLUTION GRANTING EASEMENT TO THE MICHAELS
GROUP, LLC ACROSS PROPERTY OWNED BY THE TOWN OF
QUEENSBURY LOCATED IN THE HUDSON POINTE PUD
RESOLUTION NO.: 186, 2005
INTRODUCED BY: Mr. Roger Boor WHO MOVE FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, The Michaels Group, LLC has requested that the Town of Queensbury
grant an Easement to The Michaels Group, LLC for construction and maintenance of a
driveway and access area on Town-owned lands, and the construction (but not maintenance)
Easement for a bicycle path to connect the residential portion of the Hudson Pointe PUD to
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
Corinth Road, on Town-owned property located in the Hudson Pointe PUD in the Town of
Queensbury, and
WHEREAS, the Town’s Planning Board previously approved the commercial phase
of the Hudson Pointe PUD contingent upon construction of such entrance roadway and
construction of the bike path which will connect the project to the Hudson Pointe PUD, and
WHEREAS, as part of the granting of the Easement, The Michaels Group, LLC will
construct a bike path for the use of Queensbury residents and the public, and
WHEREAS, a proposed Easement has been presented at this meeting and is in form
acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury hereby grants and authorizes an
Easement to The Michaels Group, LLC for construction and maintenance of a driveway and
access area on Town-owned lands, and the construction (but not maintenance) Easement for
a bicycle path, on Town-owned lands located in the Hudson Pointe PUD in the Town of
Queensbury, such Easement to be substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, and/or Town Counsel to complete and execute any documents associated with
the Easement and related documentation and take any further action necessary to effectuate
the terms of this Resolution.
th
Duly adopted this 4 day of April, 2005 by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
Discussion held before vote: Councilman Boor-Are there any down sides to doing it this
way? Town Counsel Hafner-We are granting an easement to the Michaels Group to put in
an access for what they are building. It has to be built to Town highway standards it is an
easement on top of our property. We continue to own the property, if at any time the Town
Board and the Highway Superintendent wants to take it over and make it a Town Road the
Town retains that right. We also grant them an easements part of what the Town gets in
this, they get the bike path. The Michaels Group gets an easement to construct the bike path
from the end of the roadway into Hudson Pointe, it is temporary, just for construction when
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
construction is done we have a nice bike path made to town standards which the Town owns
and the public can use.
RESOLUTION TO AMEND 2005 BUDGET
RESOLUTION NO.: 187, 2005
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the attached Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting
practices by the Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town Budget Officer’s Office to take all action necessary to transfer funds and amend the
2005 Town Budget as follows:
COMMUNITY DEVELOPMENT
FROM: TO: $ AMOUNT:
001-1990-4400 001-3620-4090 1,000.
(Contingency) (Conference Expense)
001-1660-4010 001-3620-4010 500.
(Central Supplies) (Office Supplies)
TOWN CLERK/TAX RECEIVER/RECORDS CLERK
FROM: TO: $ AMOUNT:
001-1410-4010 001-1330-2001 500.
(Office Supplies) (Misc. Equipment)
001-1410-4090 001-1330-2001 500.
(Conference Exp.) (Misc. Equipment)
001-1460-4400 001-1460-2001 62.
(Misc. Cont.) (Misc. Equip.)
th
Duly adopted this 4 day of April, 2005, by the following vote:
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS –
ST
ABSTRACT OF MARCH 31, 2005
RESOLUTION NO.: 188, 2005
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills
st
presented as the Abstract with a run date of March 31, 2005 and a payment date of April
th
5, 2005,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a
stth
run date of March 31, 2005 and payment date of April 5, 2005 numbering 25-116700 and
25-138000 through 25-161200 and totaling $1,294,096.68, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Budget Officer
and/or Town Supervisor to take such other and further action as may be necessary to
effectuate the terms of this Resolution.
th
Duly adopted this 4 day of April, 2005, by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None
RESOLUTION AFFIRMING CONSISTENCY OF
SCHERMERHORN RESIDENTIAL SUBDIVISION PROJECT WITH
HILAND PARK PLANNED UNIT DEVELOPMENT
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
RESOLUTION NO. : 189.2005
INTRODUCED BY : Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Roger Boor
WHEREAS Schermerhorn Residential Holdings, L.P. is seeking approval from
the Town of Queensbury to construct a twenty-one (21) lot single family residential
subdivision on Haviland Road in the Town of Queensbury, and
WHEREAS, Schermerhorn Residential Holdings, L.P. has requested that the
Queensbury Town Board affirm that this proposed project is consistent with the Hiland
Park Planned Unit Development as approved by the previous Town Board on January 14,
1987 by Resolution No. 212.87, and
WHEREAS, the Senior Planner has reviewed the proposed project to be sure it is
in compliance with the PUD Ordinance and Hiland Park PUD and has recommended that
the Town Board adopt a Resolution affirming that the proposed project is consistent with
the Hiland Park PUD so that the proposal will be able to move forward through the
subdivision and site plan review process as administered by the Queensbury Planning
Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby affirms that the proposal
by Schermerhorn Residential Holdings, L.P. to build a twenty-one (21) lot residential
subdivision on Haviland Road in the Town of Queensbury is consistent with the Hiland
Park PUD as approved by Town Board Resolution 212.87, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Executive
Director of Community Development to present a copy of this Resolution to
Schermerhorn Residential Holdings, L.P. and the Town Planning Board, and take such
other and further action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 4 day of April, 2005, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
NOES : None
ABSENT: None
Discussion held before vote: Supervisor Stec-What we have been asked to do tonight is to
decide that the modification to the residential subdivision at Hiland Park PUD is consistent
with the PUD and it is a reduction in allowed density from ninety-one units down to 21.
Councilman Boor-The issue I have this PUD, what we have in front of us is a 1-21-87
drawing of the original PUD and I have no idea as to how this relates to what is there now.
Although you are reducing the density for the area you are talking about I do not know how
it relates to the rest of the PUD. Attorney Lapper-The simple answer is that the residential is
not even close to what was approved because it never got finished and this is one very small
piece that Rich is buying. This piece when you get to the top of Meadowbrook Road if you
look straight across Haviland that is where this is. My numbers are ninety-one whether it
was ninety-one or seventy-one down to twenty-one. Councilman Boor-I see it showing
forty-eight in the area. Attorney Lapper-That forty-eight is a multi family that would be
town houses or condo’s and then there is a single-family component along with that which is
forty-three. Councilman Strough-You also included this little property, which is not in
Richards agreement. Attorney Lapper-That is all one lot, it is lot number 21. There is
already a house on that. Councilman Boor-Questioned the forty-eight single family units
marked on the map…and you are saying it is ninety-one, single family and multi family.
Mr. Schermerhorn-It says Highland Park Terrace forty-eight single family, but if you go
down a couple of lines under that it says Black Forest forty-three multi family units, and
there is a little number thirty three and another number ten, that indicated under the PUD
that is was going to be forty-three multi family unit, town homes. Councilman Boor-
Number ten and thirty-three they are wet aren’t they? Mr. Schmerhorn-No, what the
problem is, is it gets wet when you get down to the thirty years yes it does get wet, but the
problem is we will never be able to get a connecting road because of the wetlands and the
Monahans bought the other portion of the PUD where it shows Plantation Heights,
Middleland acres and Whispering Pines, there is no way to get a connection. Councilman
Boor-When this PUD was originally done, and where I am looking at thirty-three by today’s
standards you could not build there, could you? Mr. Schermerhorn-Well do not want to say
you couldn’t because if it was under, there is no way to put a density I guess if you called it
MR-5 it would be five thousand square feet per dwelling unit, you certainly could take the
sixty-five acres I could subtract the twenty-one acres or whatever wetlands we have in fact I
would be able to do more than that. Councilman Boor-I do not really have a problem with
what you are proposing, I have an issue with this being so vastly different and they were
probably calculating on wetlands back when this PUD was done. Attorney Lapper-Either
way I guess we are saying less is more and a twenty-one single-family subdivision is an
easy way. Councilman Strough-Isn’t there a development to the north? Attorney Lapper-
No. It is all woods. Mr. Schermerhorn-The pieces to the north, one of which I owned last
summer was the Ouderkerk piece which was an approved subdivision called Mulberry
Estates, there was twenty-five acres that we deemed forever wild and that backs up to this
subdivision. The next piece over is owned by a gentlemen by the name of Zverblis and I
know for a fact there is quite a portion that separates that two of us, that there are some
wetlands. Councilman Strough-Suggested that Mr. Schermerhorn provide a kind of
pedestrian path through whatever is north of there. Attorney Lapper-Rich has talked to the
Park and Rec. people and if the town project happens at the bottom part of the lot that you
were asking about lot twenty-one that might be suitable and it might not be needed, Rich
would be willing to sell part of that. Councilman Boor-The sewer will come from
Meadowbrook? Attorney Lapper-He is going to bring it up. Councilman Boor-Do you
know what capacity is left? Mr. Schermerhorn-Actually it is a tremendous amount.
Councilman Boor-If the rec. center should pass would it be closer when you come across
here to hook into that. Attorney Lapper-It could go either way. Mr. Schermerhorn-An
easement was granted to ACC for a sewer line and that is the shortest distance is a straight
line, you have to pump either way you do it. Vote taken
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
RESOLUTION ENACTING LOCAL LAW NO.: 1 2005 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” SECTION
179-4-110 ENTITLED “UNDERGROUND UTILITIES OVERLAY
DISTRICT”
RESOLUTION NO. 190. 2005
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of
2005 to amend Queensbury Town Code Chapter 179, “Zoning,” Section 179-4-110 entitled
“Underground Utilities Overlay District,” by adding new provisions concerning 1)
replacement of individual telephone or electric poles damaged or destroyed due to
automobile accident and/or natural disaster, and 2) projects which have already been
substantially commenced, and
WHEREAS, this legislation is authorized in accordance with New York State
Municipal Home Rule Law §10 and Town Law Article 16, and
WHEREAS, Notice of Public Hearing was provided to neighboring municipalities
and the Warren County Planning Board, and
st
WHEREAS, the Town Board duly held a public hearing on March 21, 2005 and
heard all interested persons, and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting
and is in form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the proposed amendment does not constitute any material change
having any new or different environmental impacts not previously considered, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board therefore reaffirms its previous
SEQRA Negative Declaration as there will be no significant environmental impacts, and
BE IT FURTHER,
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: ___
of 2005 to amend Queensbury Town Code Chapter 179, “Zoning,” Section 179-4-110
entitled “Underground Utilities Overlay District,” by adding new provisions concerning 1)
replacement of individual telephone or electric poles damaged or destroyed due to
automobile accident and/or natural disaster, and 2) projects which have already been
substantially commenced, as presented at this meeting, and
BE IT FURTHER,
§
RESOLVED, that the Town Board reaffirms and readopts 179-4-110 entitled,
“Underground Utilities Overlay District,” as amended, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury
Town Clerk to file the Local Law with the New York State Secretary of State in accordance
with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law
will take effect immediately upon filing with the Secretary of State.
th
Duly adopted this 4 day of April, 2005, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES : None
ABSENT: None
Discussion held before vote: Supervisor Stec-At last weeks DPW meeting the DPW
committee passed a resolution of support of the Town of Queensbury’s actions and
decisions to move toward under grounding utilities along these corridors. In specific the one
the County cares about most these days is the one that they are about to start construction
on. I do not want to get into great detail discussion about this because certainly we are in
litigation with Niagara Mohawk right now and I suppose it is conceivable that others may
join that suit. Some of the comments that were made in recent editorials are inaccurate and
if there are people in the public that have been lead to believe that the lateral coming from
the street to your house or your property or building, is going to be on you nickel, it has been
made crystal to the town and in a couple of different formats, that the grant money that the
Town has received is an eligible expense for some of the grant money that we have
received. So, we do not anticipate property owners being forced to pay a significant amount
of money to connect up to an underground utility system. That is one of the few areas
where under grounding is allowed to be funded from some of these grants that the Town has
received. There are other inaccuracies that were started in the editorial and certainly the
Town Board was not at all flippant in the decisions that have led us to this evening. We
have considered all these things over the last couple of years we have reaffirmed these
decisions internally several times over the last couple of years. We do feel that the actions
th
that we took on July 26 2004 and again reaffirmed after correcting a minor issue by a
second resolution I believe in November of last year and then again tonight, this will be the
third time that this local law in its base format have been voted on . We have moved
diligently, we do know what we are doing we have considered other options and I believe
that tonight we are going to pass this resolution, local law for the third time.
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
Councilman Strough-I would also like to add I think Mr. Flaherty’s concerns need to be
addressed because we are looking at it as a community we are not looking at it narrowly as
Niagara Mohawk interest that this proposal improves, public safety, and minimizes the need
for right of way acquisition, it has positive economic impacts and does improve the esthetics
and it improves intermunicipal cooperation and as Marilyn pointed out it is a one time
investment. Under grounding produces returns for generations, enjoy the benefits of it and it
facilities construction of buildings to maximum heights by avoiding building to wire
clearances. Under grounding results in fewer poles, less clutters better pedestrian access
Supervisor Stec-Better safety.
Councilman Strough-better safety, under grounding allows for greater variety of approved
street trees to be planted and grow in their natural canopy. Maintenance costs in the long
run are lower, pole replacement, tree trimming, things like that do not occur. Attractive
street scapes encourage greater transient and pedestrian activity, they encourage improved
urban design. Under grounding promotes pride and patronage in neighborhood commercial
areas, it attracts places to frequent and shop, it contributes to increased property values in the
affected areas. Not only that Mr. Flaherty refers to Main Street in particular, Main Street in
particular has unique problems with trying to locate poles in a safe place. For the sake of the
public they should know what we are thinking.
Supervisor Stec-Again as a housekeeping matter we did close the public hearing on this
st
amendment on this local law on March 21. we conducted a public hearing we heard all
interested parties and we did close the public hearing on that date. To summarize again the
two changes they are not changes as much as they are additions to the local law which is a
paragraph 179-4-110 F & G. Paragaph F refers to situations of single damage poles or
whatever hit by an automobile accident, natural disaster that this local law is not intended to
trigger the under grounding of power due to one damaged or destroyed pole, an example
due to a car accident and paragraph G summarizing it, again refers to substantial
commencements ie. Those projects on effected corridors that have already started are not
subjected to under grounding their utilities at this time. Those are the two minor changes
that we are making for the local law. Asked for comments from the Town Board
Members-no one spoke… vote taken
LOCAL LAW NO.: 1 OF 2005
A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE
CHAPTER 179 “ZONING” SECTION 179-4-110 ENTITLED
“UNDERGROUND UTILITIES OVERLAY DISTRICT”
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURY AS FOLLOWS:
SECTION 1.
Queensbury Town Code Chapter 179, “Zoning,” Article 4 entitled
"Schedule of Regulations" is hereby amended by adding new provisions F and G to Section
179-4-110 as follows:
§ 179-4-110. Underground Utilities Overlay District.
A. Purpose and Findings. The Town of Queensbury is currently experiencing
significant new construction and reconstruction in developed areas
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
which involve either installation or relocation of electric,
telephone, cable television and telecommunication utility lines.
Placement of these utilities underground would improve the safety
and welfare of Town residents and visitors for several reasons. A
multitude of utility poles close to the street constitutes a traffic
hazard by increasing visual clutter and the likelihood of accidents
related to the resulting distraction as well as by presenting a
collision obstacle for vehicles which leave the lane of travel for
any reason. Utility poles and overhead utility lines also pose a
threat to public safety as they are vulnerable to being downed by
ice and wind storms. Finally, the appearance of the major arterials
in the Town contributes significantly to the overall impression of
the community held by residents, visitors and commuters. Placing
utilities underground will improve this general perception and
positively impact the appeal of the community. This Local Law is
intended to provide these benefits by requiring the placement of
electric, telephone, cable television and telecommunication utilities
underground within the overlay district.
B. Definitions.
“Utility Lines” shall mean transmission, trunk and lateral distribution
lines, including electric, telephone, cable television, telecommunication
and all other wires and cables.
C. Creation of Overlay District. An overlay district is hereby created to be
known as the Underground Utilities Overlay District which include
all properties located within 125 feet of the centerline of the
following roads:
1. Warren County Route 28 (Main Street) from Exit 18 of the
Adirondack Northway (NYS Route I-87) to the City of Glens Falls
municipal boundary;
2. NYS Route 9 from NYS Route 149 to the City of Glens Falls
municipal boundary;
3. All of Quaker Road (NYS Route 254) lying within the Town; and
4. Aviation Road (NYS Route 254) from west of the bridge over the
Adirondack Northway (NYS Route I-87) to NYS Route 9.
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
D. Under grounding Required. Any utility lines within the Underground
Utilities Overlay District which are required to be relocated in
connection with any construction project and any new utility lines
to be installed within the Overlay District shall be installed
underground. Utility companies shall obtain all necessary
approvals and permits prior to commencement of construction.
Wherever practicable, trenches through utility easements shall be
occupied jointly by electric and telecommunication utility lines.
Whenever main distribution and trunk utility lines are located or
relocated underground, lateral distribution lines from those lines to
individual structures shall also be located or relocated
underground. All new or relocated lateral distribution lines shall
be located underground whether or not the main distribution and
trunk lines are underground.
E. Removal of Existing Poles and Overhead Lines. The utility company
which owns existing utility poles and overhead utility lines shall
remove such poles and lines immediately following installation
and activation of the underground lines.
Notwithstanding any other provisions of this Local Law, individual
F.
telephone poles, electric poles [or similar separate and distinct
utility structures] which are damaged or destroyed due to
automobile accident, natural disaster (lightning, fire, flood or the
like) may be repaired or replaced at the same or substantially
similar above-ground location at the discretion of the utility
company and/or property owner bearing responsibility for the
repair or replacement.
The provisions of this Local Law shall be deemed to be applicable to any
G.
activity or project which has not already been substantially
commenced. For this purpose, “substantial commencement”
shall mean that the physical, on-site construction or work
associated with the project or activity has actually begun in the
field and was substantially underway at the time of enactment.
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.
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SPECIAL TOWN BOARD MEETING 04-04-2005 MTG. 17
SECTION 4.
This Local Law shall take effect immediately upon filing in the
Office of the New York Secretary of State as provided in New York Municipal Home Rule
Law §27.
8.0 ACTIONS OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE
FLOOR
NONE
9.0 ATTORNEY MATTERS
Town Counsel Hafner-I know that we have already informed the Town Board about
something the Highway Dept. has run into, you know that every year or twice a year we do
cleanup they place it in a location over by Jenkinsville where they do their mining, DEC has
requested that they get a certain permit, they have applied and obtained it there is
documentation that the Highway Supt. has to sign that DEC has given them and I wanted to
update the Board and make sure you have copies of correspondence that were written to
DEC, and make sure that the Town Board is of similar mind and no problem with them
going forward. Board agreed to go forward.
10.0 EXECUTIVE SESSION
NONE
RESOLUTION ADJOURNING TOWN BOARD MEETING
RESOLUTION NO. 191.2005
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 Regular
Town Board Meeting.
th
Duly adopted this 4 day of April, 2005 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury