2004-07-12 MTG30
Regular Town Board Meeting, 07-12-2004, Mtg #30 17
REGULAR TOWN BOARD MEETING Mtg #30
TH
JULY 12, 2004 Res. #343-356
7:03 P.M.
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ROGER BOOR
COUNCILMAN THEODORE TURNER
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN COUNSEL
BOB HAFNER
TOWN OFFICIALS
Ralph VanDusen, Water/Wastewater Superintendent
Mike Shaw, Deputy Wastewater Superintendent
Chris Round, Executive Director of Community Development
Marilyn Ryba, Senior Planner
Harry Hansen, Director of Parks & Recreation
Doug Irish, Recreation Commission Chairman
Jennifer Switzer, Budget Officer
Mike Barody, Warren County Supervisor-At-Large
PRESS: Glens Falls Post Star
SUPERVISOR STEC called meeting to order….
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER
CORRESPONDENCE
DEPUTY TOWN CLERK BARBER read the following letter into the record:
(letter on file in the Town Clerk’s Office)
July 12, 2004
Queensbury Town Board
742 Bay Road
Queensbury, NY 12804
To the Members of the Queensbury Town Board:
It has come to my attention that Mr. Art Brown, resident of Glen Lake, has within the last
month made alterations to his septic system without obtaining proper permits or inspections
from the Town of Queensbury. As you should be aware , the primary goal of the Glen Lake
Protective Association, according to its Constitution, is to insure the long-term health of the
water quality of Glen Lake. Following the Glen Lake Watershed Management Plan,
adopted by the Town of Queensbury in 1999, the proper installation and maintenance of
septic systems within this Critical Environmental Are is paramount to insuring the water
quality of Glen Lake. It is the responsibility of the Town to enforce proper procedures when
they are not being followed. In this instance and in all cases, we ask the Town to adhere to
its laws, rules, and regulations, and to enforce its laws, rules, and regulations to protect, in a
timely manner, this fragile and vital resource, Glen Lake. The perception is that in this case
the Town has not acted in a timely nor appropriate manner. The Glen Lake Protective
Association asks that you act to rectify this immediately. Also, the Association asks for
clarification of the protocol for obtaining enforcement of regulatory issues during non-work
hours – that is, nights and weekends. Who or what agency can a citizen call to report an
incident, get a response, and attain appropriate enforcement?
Regular Town Board Meeting, 07-12-2004, Mtg #30 18
Respectfully,
Paul Derby
President, Glen Lake Protective Association
DEPUTY TOWN CLERK BARBER noted that the June Monthly reports from Building & Codes,
Solid Waste Management and Town Clerk have been received and filed… Also noted that a letter
has been received from Senator Elizabeth Little stating that she has received Town of Queensbury
Town Board Resolutions 317 and 331 of 2004 regarding the Volunteer Ambulance Workers and
Volunteer Firefighters…
INTRODUCTION OF RESOLUTIONS FROM THE FLOOR – NONE
RECREATION COMMISSIONER DOUG IRISH – COMMUNITY CENTER UPDATE
Mr. Doug Irish, Chairman of the Recreation Commission gave status report on the Queensbury
Community Center Project and advised the board regarding the architectural firm, the property
acquisition, projected costs and the plans for the facility.
COUNTY SUPERVISOR AT-LARGE MICHAEL BARODY – MONTHLY REPORT
Mr. Michael Barody, Supervisor-At-Large spoke to the Town Board regarding the following issues:
The Warren County Public Health Department held a Tobacco Free Poster Contest among local
fourth and fifth graders which developed a 2005 Calendar depicting some of the young artists and
announced the winner, Miss Alexandra Belden, a fifth grader at Queensbury Middle School who
also won first place for the State of New York and is traveling to Nationals for the Tobacco Free
Poster Contest, so we congratulate her and wish her the best…. (submitted calendars to the Town
Board and Town Clerk – on file in the Clerk’s Office)
Warren County Youth Court, noted that the program has been in effect for the past five years, that
the state has funded this program during that duration but will have to be funded locally to
continue… Noted that it’s an important program to our youths and to our area, that forty percent of
the youth involved are from Queensbury Schools… It was recommended at the county to fund
twenty thousand and there are other monies being sought from the state but during budget time, I’ll
be seeking funding from the Town for a portion of this program… (submitted brochures to the
Town Board and Town Clerk - on file in the Town Clerk’s Office)
DPW, noted that Supervisor Stec and I have been lobbying for the Corinth Road, West Mountain
Road bike path and happy to report that we were able to accomplish the first step, the survey
contract is now in the hands of County Employees for DPW and we hope to be following through
on a survey for the bike path expansion for Corinth and West Mountain Roads… Hope to have that
completed before the snow flies so when we go to the County Budget Meetings and look to put the
money in place for the actual work to begin during the calendar year next year…
ACC, reviewed some of the economic impacts that the college provides in the area noting that the
college purchases about nine million dollars of goods and services in our community affecting a lot
of Queensbury businesses. They have seven hundred and thirty workers who received $10.7
million dollars in salary and all that salary gets spent in our surrounding communities and
Queensbury. Students, themselves spent over $21 million dollars and these are per annum figures
so that’s $21 million dollars going into our local economy, that’s above tuition and books.
Together, the impact of the college annually was almost $71 million dollars locally into the
economy and this is, if you compare it to the budget which we all contribute to in Queensbury as a
payer of County taxes, we’re sponsors of the college with Washington County so we’re paying the
freight over there to a large degree, their annual budget is $18 million dollars. So, this was almost
four times their annual budget coming back into the community in economic dollars. So, it’s a good
economic bet for us to continue to support the college…
Business to School Partnership, noted that a study was done by the Warren County Economic
Development Council which is called the Adirondack Business to School Partnership and they
studied many area businesses, queried them on their needs for employees and what the area is and
Regular Town Board Meeting, 07-12-2004, Mtg #30 19
isn’t providing them. They also queried eight different school districts in the area and queried in
each of the schools Freshman, Sophomore, Junior and Senior Classes and took a sampling of
information from all of them. I think it gives us some feedback on where we need to drive the
economic engine as we look at ahead to businesses that may locate in this area but I think it also as
citizens gives us some feedback where we need to go with our school systems and what we need to
keep in mind when we’re designing our programs and our curriculums in our school systems. One
of the biggest, I think problems that they ran into from an employer’s standpoint was at that entry
level, that there wasn’t enough people for entry level positions… Some of the issues that they came
across was a bunch of variables in hiring and retaining new employees but some of the problems
they were having were lack of work ethic, lack of desire, attitude, commitment. Only eighteen
percent of Senior survey indicated they would seek work locally after graduation, that’s not very
much of a work force coming out to businesses. We need to work on that a little bit…A significant
finding in the study is the need for schools and businesses to collaborate to provide awareness for
students about employment opportunities that are available. There were several recommendations
that came out, businesses should sponsor more teacher in-service programs and provide company
speakers for all age groups to speak in the schools more often and make students aware that they,
even though these are entry level jobs, there’s a lot of career ladders available for them. Also, for
the schools, they need to invite business people into the class rooms more and more, make the
students and the teachers aware of the businesses in the area and the type of jobs that are in the area
and what the needs of the businesses are… Recently I served on the school core planning
committee, we developed core values that we wanted the kids to have in Queensbury at our schools
for the next decade and then we developed a mission statement for the school that reflected those
core values and I agree with the core values that we developed but there was one particular core
value that, I think those of us from outside the school system pushed to try to make a core value and
we were unsuccessful because you had to have complete agreement among the group to get a core
value accepted and the reason I’m concerned about the one that we couldn’t get in there, is because
it’s the one that’s showing up here as a deficiency in the workforce and that’s the work ethic. We
wanted to see the school adopt as a core value that we needed to teach the kids that hard work and
perseverance were attributes that they needed to develop within the school system as well as hearing
it from the parents. I’m hoping that the school board will reconsider, I know it’s a live product and
they’re still developing it… (submitted to the Town Board and Town Clerk ‘Report on Revitalizing
the Regional Workforce’ – on file in the Town Clerk’s Office)
OPEN FORUM
7:48 P.M.
MR. PLINEY TUCKER, 41 Division Road-Questioned Resolution 7.1, ‘Resolution Authorizing
Purchase Of Used Garbage Truck For Use By Town Highway Department’.
COUNCILMAN BOOR-Noted that it was previously a garbage truck and will be used by the
Highway Department predominately for the leaf pickup.. We see it as a labor saving device, will
protect us with regards to injury and disability, the hydraulics will load it, pack it which will cut
down on the numerous trips to the landfill… The cost is very reasonable and I think for anybody
that utilized that service can appreciate that ten thousand dollars is not that much money.
SUPERVISOR STEC-Noted that it will speed up the process, it was recommended by the safety
committee and approved by the Fleet Management Committee.
MR. TUCKER-Questioned Resolution 7.5, ‘Resolution Adopting SEQRA Negative Declaration
Regarding Hiland Park/Meadowbrook Road Improvements’.
SUPERVISOR STEC-Noted, that’s the Meadowbrook Recreation Park, they need a negative
declaration for construction of park improvements including a ten car parking area, hiking trail and
ski trails.
MR. TUCKER-Referred to the discussions that have been held regarding the Queensbury School
Tennis Courts and questioned the involvement of the Town?
SUPERVISOR STEC-As you know, over the last twenty, twenty-five years the Town has held a
great deal of its recreation programs at the school including tennis courts, tennis programs that they
have instruction for and that’s why they’ve been lighted over the years. The school expressed a
while back a desire to add courts, they needed to redo the existing courts and the town agreed with
Regular Town Board Meeting, 07-12-2004, Mtg #30 20
that and agreed to pay a portion. The project migrated over time, we’ve had some turnover in
people at both the town and school, recollections of recommendations as to how to split the costs
was what was debated. Friday morning, four members of the Town and four members of the
School did meet at Dr. Howard’s Office to discuss a suggestion that the school had for us to
consider and following that meeting, I called all the Town Board Members to run by the proposal,
in rough terms, it still needs to be refined and that’s where it is right now… It was a very positive
meeting and what’s on the table is certainly more recreational venues at the school for potentially
the same or maybe a little bit less money….
MR. TUCKER-Questioned whether Supervisor Stec was a member of the Warren County Tourism
Committee?
SUPERVISOR STEC-No, I am not.
MR. TUCKER-Questioned why the County Supervisors feel they have to hire an outside
consultant?
SUPERVISOR STEC-Noted, the gist of what I’ve gathered from talking with the Supervisors,
what they want to do is use, the purpose of the occupancy tax money was in part, to become also a
seed source for attracting new people. So, they want to expand the draw to the County and they
think they need to spend money in that area and some of that will require staffing and perhaps
professional services.
MR. TUCKER-Referred to the Town’s proposal of third party billing and questioned the hiring of a
firm from Daytona Beach, Florida?
COUNCILMAN BOOR-Noted, their biggest headquarters is in Florida but the office that will be
dealing with is out of Suffern, New York.
MR. TUCKER-Isn’t there someone local that’s been paying taxes and supporting these emergency
services?
SUPERVISOR STEC-No. The Town’s policy has always been, we do send out request for
proposals to get the best bang for the buck for the taxpayer and when all other things are equal, we
think we agree to keep it local but.
COUNCILMAN BOOR-Actually, Tim and I sat on this committee and certainly Jennifer, the
Budget Officer was very aware of the costs associated with each company and what they would
provide but I think Tim and I looked first at the service, the relationship that we thought we would
be able to foster and ultimately how successful we would be and I think we based our decision more
on that and the beauty of it was, that not only was the company that we thought the best but they
were also the most reasonably priced.
FATHER ROBERT CLARK-(read letter into the record) I live at Glen Lake on the west side of
Arthur Brown. Mr. Brown’s newly installed septic system was made out of cement block and
installed less then fifty feet from the lakefront and less then twenty feet from his northern most
neighbor’s well. We’ve talked with the previous owner of the building and he told us the original
septic system was installed during his time of living there and was installed on the backside, the
roadside of the corner of the house. The new septic system is much closer to the lake. The standing
water in the driveway has tested positive for signs of sewage. A shed was installed on top of the
garage. This is not only in violation of the code for expanding a building but it is also in violation
of the code which limits two storage facilities on the property. Can you explain the zoning
requirements for a four family apartment building on lakefront property? What size septic tank is
required for a four family apartment building? Is a permit required for the installation and or repair
of the septic tank? Was there ever a Certificate Of Occupancy granted for each apartment? If not,
how can tenants be allowed to occupy the building? What is the length of time in which someone
can leave building supplies and heavy equipment on this property, this type of property? Are you
aware that many of these building supplies and all the heavy equipment have been on the property
since approximately 1996? What action plan does the Town have to bring this property up to the
community and zoning standards? Thank you.
Regular Town Board Meeting, 07-12-2004, Mtg #30 21
MR. CHRIS ROUND, Executive Director-I personally have not been involved in the most recent
investigation, enforcement action. I think Dan, you have directly with the Health Officer and
Warren County Sheriff’s. I think many of the residents are well aware this has been a problem site,
it’s something that we’ve been in court several times and every time an incident or an issue comes
up, we seek remedy and the court applies the rules that it has to seek those remedies and sometimes
that’s not always to our satisfaction or the public’s satisfaction. The most recent event, I was not a
part of that but a report that excavation was occurring and a septic system was being either
constructed or repaired.
SUPERVISOR STEC-I’ll fill in from here. I was contacted, our Code Enforcement Officer
involved in this project felt that there was an issue here that needed to be investigated. I believe this
came up on his last day before he was going on vacation. We did contact the Town Counsel’s
Office, Counsel’s Office researched the issue and determined what the most prudent and
expeditious course would be for the Town as far as what venue, whether it would be Board of
Health or Supreme Court Action… We are at County Court with the owners of this property, I
believe, on another matter right now. Our Attorney suggested Board of Health, this was the Friday
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before the long weekend for July 4, we contacted our brand new Health Officer and this was his
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first site visit, we sent him out on Monday which was a Town Holiday, the 5 of July with a
Sheriff’s Deputy and not to undermine the Town’s position, it’s safe to say that his findings had
discrepancies with our Code Enforcement Officers findings. Tuesday morning when Town
resumed work, we spoke with him and he told us that. We had scheduled a Board of Health
meeting for our Wednesday Special Town Board Meeting, at that point based on the discrepancies
between our medical doctor, Health Officer report and our long tenured Code Enforcement Officer,
we felt that we needed to hold off until we had a chance to get a hold of our Code Enforcement
person which he should be back from vacation today and I haven’t had a chance to talk with him
yet. But we’ve been involved in some enforcement action over there.
TOWN COUNSEL HAFNER-I thought that the Health Officer’s finding was that there wasn’t an
eminent risk to the health.
SUPERVISOR STEC-I stand corrected, there is a permitting issue but there was not something
actionable by the Board of Health to warrant immediate action… We do have code enforcement
issues regarding, is the setback adequate, not adequate…
TOWN COUNSEL HAFNER-What permit should they have gotten and what do we have to do to
check to make sure that things were done properly.
SUPERVISOR STEC-And we will be pursuing that…
MR. ROUND, Executive Director-The gentleman that just spoke said there’s coliform in the
presence of a surface water body or a puddle that’s on the property and just so that there’s not a
major concern about that, that’s not uncommon for coliform to be detected surface water or bodies,
especially small or warmer bodies of water and it’s not necessarily an indicator of a septic leach but
that’s not to say, the contrary is not true as well but we will have to look at that and react to that… If
there is a question about a drinking water source, the drinking water source should be sampled, not
the puddle so to make sure that we’re not allowing a drinking water problem to continue.
SUPERVISOR STEC-It should be pointed out, just to try to complete my understanding of the time
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line, last week, I believe it was Tuesday the 6 that we did receive another complaint that somehow
maybe some of the spoils of the excavated material that was used to do this repair or replacement or
whatever, in fact it was, was being dumped on the shoreline or in it or around Glen Lake. We did
send two Code Enforcement people out to look at that and they did come back and state that they
did not see that that had occurred or that there was a violation.
MR. ROUND, Executive Director-I think there was stone materials that may have been placed but
there wasn’t siltation in the lake, that it wasn’t an eminent environmental threat.
MS. LINDA CLARK-(displayed several pictures of Mr. Brown’s property that’s she’s documented
over the past 8 years and submitted to the Town Board pictures of Mr. Brown’s recent project)
Noted, I live on Benmost Bur Lane, directly behind Mr. Brown… Since 1996 we have had ongoing
problems, not only with Mr. Brown but with the Town as well… Questioned, why doesn’t
Regular Town Board Meeting, 07-12-2004, Mtg #30 22
Queensbury match up with the Building and Codes standards and enforcement policies of
surrounding communities… Why can’t the Town evict the occupants of the building since there are
so many violations and the owner will not allow inspections to check out the conditions of the
property? I understand he appears at the edge of the property and prevents people from going on it.
As a matter of fact, this was the case the other day when the Code Enforcement Officials came out
to look at the dumping into the lake. The reason why the code officials came up with a ‘no big
deal’, is they didn’t see it from the lake. I took my canoe out, I took pictures, as you can see there is
dirt that’s going into the lake, dirt and stone that was taken off the top of the septic, I watched them
do it. (submitted pictures) What action plan does the Town have which enables a resident to call
with a concern such as an illegal septic installation during hours in which the Town is not open such
as weekends? I can’t tell you how many people I called and the run around I got on Sunday
afternoon. I was very frustrated by the time I was done because I couldn’t get a single person
including the Health Department, DEC, the Town, no one, I couldn’t get anyone out.
SUPERVISOR STEC-The date?
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MS. CLARK-The 25, June. Why did the occupants of the old casino which is also an apartment
building get evicted because of a faulty septic tank but this does not happen with Mr. Brown? Why
didn’t the Building Inspectors request a forced cleanup as did on another piece of property in West
Glens Falls? … (submitted picture of site in West Glens Falls) How can Mr. Brown prevent the
Town from inspecting a public apartment building? Does the Town understand the kind of
precedence this is setting? .. Why were there so many extensions to the building permit granted
when there was clearly a problem with Mr. Brown’s lack of compliance to codes? … What makes
Mr. Brown exempt from complying by Town laws? …
MR. PETER DINEEN, 65 Birch Road-(referred to pictures/paperwork that he submitted to the
Town Board) As you can see in the first picture, right to the left is my well and the other side I got
it tested and they found ecoli and everything else, I got it done at the Queensbury Water Department
and I got my water tested, my drinking water and they said it was fine but they said with this issue
next door, get it checked monthly. That’s what he told me and living in Queensbury, we shouldn’t
have to deal with that, positively.
SUPERVISOR STEC-I agree.
MR. DINEEN-Hopefully, something can be done about it, it’s frustrating, it’s aggravating and it
should not happen here. Thank you.
SUPERVISOR STEC-Chris, I know there’s been numerous enforcement attempts or actions taken
on this property over the years, have any of them before now been beyond Town Court?
MR. ROUND, Executive Director-The Town’s had enforcement action at various levels of court for
different projects depending on the severity of the violations or it’s success in a particular
jurisdiction. This particular individual has been cited and has also served jail time so the Town has
not been inactive… I want to make sure for the general public, so it’s not that we have not tried, I
think we have not been as successful as we’d like to be and we haven’t been successful for the
public’s benefit as well. I think the point tonight is that you do need an action plan, you do need to
identify, here’s a series of things that we want to do in order to bring these particular violations into
compliance and if you’re not successful, you need to be able to demand the highest authority and
the severest level of punishment, if that’s your desire as policy makers of the Board cause you’re the
ones that sets policy.
COUNCILMAN BOOR-We do take this seriously, we are going to do something and I know Cathi
Radner has been the one that I believe has handled this for the most part, Bob you can probably
speak to our options and procedures. Do we want this to take as long as it has taken? Absolutely
not but there’s rules, there’s schedules and I think that’s what we’re dealing with here.
TOWN COUNSEL HAFNER-It’s very unusual for someone to have gone to jail for the types of
things like this. Courts don’t like to do that. The fact that that’s one of the things that we did get
against him shows how seriously the Town has tried make this property owner comply with the
Town’s regulations and the Town Board has been consistent in saying Town, let’s do all the things
that we can to bring him and his property into compliance…. And this is a person who continues to
test the Town’s boundaries and the failure to get the right permits, we will proceed in court but
Regular Town Board Meeting, 07-12-2004, Mtg #30 23
when the public health officer says that it’s not an eminent thing, we didn’t have what would let us
go in that day and take action, we have to go the regular route.
MR. RON DUFOUR, 440 North Street, Middletown Springs Vermont-I was born and raised in
South Queensbury back in 1955, when I became sixteen years old I joined the Fire Company. I’m
going actually the second decade and we’ve got a third generation coming up and we’re working on
the fourth and I heard there’s a lot of stuff going on about the fire company and I was wondering
what your ideas are? … If they do away with that fire company and my mother has a problem, who
is going to be here, how long is it going to take? My son lives a couple of streets over, how long is
it going to be if his house is on fire? If you have a personal vendetta with somebody, or if there’s an
audit problem, they ought to straighten it out with those people. Don’t take the whole community’s
safety in harms way. I heard there’s a rumor they might contract with the City of Glens Falls, if
they do or if they’re looking at it, why don’t they contract with the City to handle part of West
Glens Falls, part of Central and part of South? … My way of seeing this thing is if the Town hired
one chief to run all the departments, if you’re talking about consolidation and hire not within the
Town so there’s no vendettas, have him be in charge of all the fire apparatus in the Town and then
he would take and he would call whatever he needed for the fire… If that Fire District is too small,
why don’t they increase it? The fire company has been there for fifty, fifty-five years now all of
sudden they’re talking about doing away with it…
COUNCILMAN BREWER-Let me just say one thing, Ron, I appreciate what you’re saying and
you coming forward about the situation because as of right now, it’s nothing but rumors. We have
not talked to the company, we anticipate we will talk to the company and we are going to. As Dan
has stated many times, we don’t want to put rumors out there, we want to wait until we talk to the
companies and we’re looking at everything. You mentioned consolidation, maybe that’s what we’ll
do, we don’t know yet. We looked at EMS last year and we’re going to look at it again this year, I
think that’s incumbent upon us to do that… We want to utilize what we have for the least amount
of money and give us the best protection that we have… We want to provide the best service we
can provide and maintain the best level of service that we have for the best price that we can. We
got a proposal from the City to operate that, don’t know where it came from, we didn’t ask for it, we
received it today…
MR. DAVE MCGOWAN, 48 Birch Road-Referred to the Art Brown Property discussion and
continued Ms. Clark’s comments with one final question. In what form are you going to provide
the answers to her list of questions? She’d really like to see that in writing.
SUPERVISOR STEC-If we can get her questions in writing, they’ll be responded to in writing.
MR. MCGOWAN-I just had one additional question, the statement was made that we had our
Medical Safety Officer on site and he made the statement there was no eminent threat to public
health, what criteria did he use to make that statement? If you can’t see or inspect the septic
because of the piping, etcetera, it’s underground, if you can’t get into the property to do a physical
visual of what he’s got installed, I don’t know understand how you can really make a statement at
all.
COUNCILMAN BOOR-We’re going to look into that… It’s not going to go away, we’re going to
get to the bottom of this.
SUPERVISOR STEC-We will proceed and we will get answers to these questions because they’re
some very good questions in here.
MR. MCGOWAN-Will that be in writing?
SUPERVISOR STEC-If it’s asked for in writing, it gets a written response…
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MR. DON SIPP, Courthouse Drive-Referred to the June 14 Town Board, Planning Board
Workshop Meeting at which time it was stated that the board would meet with Lew Stone, Craig
MacEwan and Chris Round to determine the Town’s next steps in response to the request by the
Planning Board for a moratorium. Questioned whether there’s a proposed meeting and proposed
committee?
Regular Town Board Meeting, 07-12-2004, Mtg #30 24
MR. ROUND, Executive Director-That meeting, or committee to be established has not been
completed because of some other issues but we’ve drafted some criteria for a meeting and a mission
statement and select attendees which will go to the Supervisor for his review in the next day or so…
SUPERVISOR STEC-One of the mitigating circumstances that Mr. Round I believe is referring to,
is his own unfortunate from the Town’s perspective but hopefully fortunate announcement
revelation from his perspective that he would be leaving the public sector to go to the private sector
locally doing the same profession that he’s accomplished himself here in the last seven years.
While it’s perhaps premature since I believe we’ve got him for another couple three weeks, I want
to publicly state how much I personally appreciated Chris’ professionalism on the job, his personal
assistance to me in raising my own level of knowledge… He’ll be sorely missed, I’m sure I speak
on behalf of the whole Board but he’s done, in my opinion a fantastic job walking the razor wire
that is Queensbury Community Development and Code Enforcement….
MR. SIPP-Before I go on, as a member of the public who has dealt with the Planning Board and the
Planning Department, I would echo your comments. Chris has always been helpful to me,
whenever I had a problem or wanted to know something, I knew I could get the answer so I am also
very sorry to see him leave. Good luck. Mr. Strough made a statement that he would like to see
some citizens included in this committee… I strongly recommend that we put some citizens on that
committee, one that have no political ties, two that are not lawyers or developers or related to them
and people who have children in the schools… Lets have some neutral people… The build-out
analysis, is it available to the public?
SUPERVISOR STEC-It’s in draft form right now, I imagine we’ll be getting a presentation here in
the next couple of weeks.
MR. ROUND, Executive Director-I think several weeks away but it will be available.
MR. SIPP-Questioned whether the person taking Mr. Round’s place had been hired?
SUPERVISOR STEC-No but we did place an ad in this past weekend’s Albany Times Union and
it’s also located on a couple of websites… Town Board will be meeting with Chris later in
Executive Session, and one or two others that are involved in helping us in this process as to what
direction we’re going to go from here… We are looking at the potential of one or two people, we
were considering one person before Chris announced his departure so I think unless I’m mistaken or
unless we change our minds, I think we’re talking about two positions down there, a replacement
for Chris’s position and perhaps an additional person…
MS. BETTY MONAHAN, Sunnyside-Recommended that the Town Board make it a top priority
on their agenda to reply to the Planning Board’s concerns and give them the information they need
when they’re dealing with some of these projects and secondly to restructure the Community
Development Department. Referred to Mr. Strough’s suggestion relative to the MR5 Zone or
Professional Zone, I reviewed that, it is very poorly written and I appreciate John and also Roger
bringing that to our attention. We have known for a long time that there are a lot of those
regulations need to be rewritten, some of them are not very clear, some of them are not appropriate
according to the development that’s occurred in the Town. Society are moving in a very rapid pace
and certainly development here is moving in a very rapid pace. I think this is something that you
cannot drag your feet on… The State of New York had a Smart Growth Conference in May, I just
have the early registration list in which several communities had registered, I did not see anyone
from the Town of Queensbury. Did anyone from the Town Board, Community Development or the
Planning Board attend that conference?
COUNCILMAN BREWER-I believe not.
COUNCILMAN STROUGH-I’ve been to a lot of Smart Growth Meetings but not that conference.
MS. MONAHAN-As planning changes so rapidly nowadays, I think all the information that we can
get relative to planning and the new things, like walking communities, trying to interconnect
subdivisions, getting away from the use of the cars are all things that we need to keep up to date
with…. Requested that Resolution 7.6, ‘Resolution Authorizing Engagement Of Joy, McCoola &
Zilch, Architects And Planners, P.C. To Provide Architectural And Engineering Services
Regular Town Board Meeting, 07-12-2004, Mtg #30 25
Concerning Design And Construction Of Town Community Center’ be read in its entirety so that
we know what the scope of their work is going to be…
OPEN FORUM CLOSED
TOWN BOARD DISCUSSIONS
8:52 P.M.
COUNCILMAN STROUGH-Referred to letter received from Bill Logan, Regional Traffic
Engineer for the State of New York Department of Transportation and read the following:
We understand and agree with the importance of this bridge, referring to the pedestrian bridge over
Route 9, for the safety and efficiency of the flow of Great Escape patrons from the parking area on
the west side of Route 9 and Theme Park on the east side. They understand and agree with the
importance of the pedestrian bridge. The Department will issue a highway work permit for the
construction of the pedestrian bridge and a use and occupancy permit for the right to have and
maintain the pedestrian bridge within the state highway right-of-way.
SUPERVISOR STEC-That was in response to a letter that I sent expressing the importance of, as
we’ve been talking about, the pedestrian bridge.
COUNCILMAN STROUGH-Reviewed the upcoming events of the Senior Citizens Calendar…
Referred to brochures found at the Warren County Municipal Center in the Tourism Department of
different businesses promoting their businesses with a location listed as Lake George or Glens Falls
where in fact they’re located in the Town of Queensbury… Would like to see them state that they’re
in the Town of Queensbury. Aviation Mall and Suttons proudly announce that they’re located in
Queensbury… Reviewed the calendar of events for the Band Concerts… Reviewed the Highway
Department’s priority repaving list for Ward 3… Noted that he and Marilyn Ryba attended a
Stormwater and Smart Growth Workshop and reviewed an idea learned regarding stormwater
drainage in parking lots, where some communities make depressions of vegetated islands rather
then raised bed islands allowing the drainage to drain into vegetated islands… Referred to the
Professional Office Zone and noted that the Town Board will be conducted a Monday night
Workshop on that topic.
COUNCILMAN TURNER-My comment is that I hope everybody sitting at this table heard what
Mr. Dufour had to say tonight about South Queensbury Fire Department and the consideration of
the safety of lives down there as he stressed…
COUNCILMAN BOOR-One informative or corrective thing, then another cautionary one. I think
it was in the Post Star or at one of our meetings, it was suggested or eluded to that the tennis courts
were a budgetary issue and the public should realize that property taxes and sales taxes do not fund
recreation in the Town of Queensbury. Developers do, they pay fees when they build their
subdivisions, their projects, what have you and that money goes into a fund that can only be used
for recreational needs. So, it shouldn’t be construed or thought that we can just use that money
anywhere we want, it has to go for recreation… One issue that I’ve been kind of beating a drum on,
and unfortunately I think I might be right on is the effect of our construction within the Town of
Queensbury. As Chris pointed out we did get a draft that shows different scenarios of build-out and
it’s important to understand that they are different scenarios. Some of the methodology is a little
esoteric for laymen and I’ll be the first to admit I’m not quite sure how it works but I can look at an
x, y portion of a graph and see where things intersect and some of those graphs give me serious
concern as to where we’re heading for our school population should the trends continue the way
they are. Certainly we, as a Board and the School will be brought up to speed and educated by Stu
and other members of the Chazen Group in this upcoming meeting but there wasn’t anything in this
report that lead me to believe that it’s good news…
SUPERVISOR STEC-Announced that the Professional Office Zone discussion is scheduled for
next Monday’s Town Board Workshop agenda… The Tennis Courts at the school, we did have a
productive meeting, it is preliminary and we need to get the rest of the story, the rest of the numbers
but it looks like it may very well be shaping up to be a win-win. Perhaps our stubbornness and
perhaps pigheadedness may have paid off for everybody involved and I will say that it’s a two way
street and communications probably could have been better over the last couple of years between
the Town and the School and I think that’s an important lesson that I’ve learned and I’m sure others
have learned. So, if nothing else came from this I think our communications between Town Hall
Regular Town Board Meeting, 07-12-2004, Mtg #30 26
and the School will be better… South Queensbury Fire Department, we had a question from Mr.
Dufour this evening and at this point we have not proposed or discussed anything with South
Queensbury Fire or any other Fire Company formally for that matter. Clearly we have to balance
public safety with costs… We need to do some more discussion, we need to have some discussions
with various fire companies to discuss the issues that are before us. Some of the things we would be
irresponsible to not address and we will be addressing them. What the final outcome will be,
largely depends on the public and the fire companies and the level of cooperation that the Town
Board can muster with the public and the fire companies. Clearly Queensbury has been criticized as
long as I can remember for fire department spending. I’m not sure that I personally agree or
disagree with all the criticism. Some of them are probably fair, some of them I thought over the
years, personally that they were unfair. However, my engineering background, I’m a numbers guy
and I believe that we should try to run ourselves like a business. We’re not going to willingly
sacrifice anyone’s safety, that’s clearly the farthest thing from our mind but we do owe it to the
public to make sure that we are watching the pennies in a responsible manner and some in cases, the
dollars. The Town’s current five fire companies’ contracts are all good through the end of this year.
I’ve been trying to seek as much neutral qualified expert opinions from the insurance world, the fire
protection world, the accounting world as I can muster to make sure that any decisions or any
proposals that the Town make are reasonable and are prudent so that we don’t jeopardize anyone’s
fire protection. I do think that the Town has a first class fire protection program in place. I do
believe there’s significant dollars to be saved without impacting fire safety…
COUNCILMAN STROUGH-Noted that he spoke with Tom Isabella, the public service
commission for cable TV. For the public, our contract will be up in two or three years depending on
whose contract you’re reading, and there’s some interesting options that we have and there’s a lot of
options that I’ve learned that we don’t have. So, it’s an interesting relationship but as I learn more,
I’ll share that with the public but I’m starting to do my homework now.
RESOLUTIONS
9:10 P.M.
RESOLUTION AUTHORIZING PURCHASE OF USED GARBAGE TRUCK
FOR USE BY TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 343, 2004
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
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 requested Town Board
approval to purchase a used 1992 Mack garbage truck in good condition from William H. Clark
Municipal Equipment Co. to assist with the Town’s waste pick-up program for an amount not to
th
exceed $9,830, as delineated in the Deputy Highway Superintendent’s July 6, 2004 Memorandum
to the Town Board presented at this meeting, and
WHEREAS, the Town’s Purchasing Agent has recommended approval of this transaction,
and
Regular Town Board Meeting, 07-12-2004, Mtg #30 27
WHEREAS, the Town’s Fleet Committee reviewed the proposed purchase and has
recommended approval of this transaction, and
WHEREAS, the Town Board feels that the proposed purchase would help improve safety
conditions for the Town’s Highway Department employees, plus the increased capacity of the truck
will help the Department to save time,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Deputy Highway
Superintendent’s purchase of a used 1992 Mack garbage truck from William H. Clark Municipal
Equipment Co. for an amount not to exceed $9,830 to be paid for from Account No.: 04-5130-
,
2040and
BE IT FURTHER,
RESOLVED, that such purchase will increase the size of the Town’s fleet by one, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Deputy Highway
Superintendent, Purchasing Agent, Budget Officer and/or Town Supervisor 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 12 day of July, 2004, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING APPOINTMENT OF SANDRA JARVIS AS
SENIOR ACCOUNT CLERK IN WASTEWATER DEPARTMENT
RESOLUTION NO. :344, 2004
INTRODUCED BY : Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY : Mr. Tim Brewer
WHEREAS, the Senior Typist in the Wastewater Department recently submitted her
resignation and by Resolution No.: 325.2004, the Town Board authorized the hiring of a temporary
Regular Town Board Meeting, 07-12-2004, Mtg #30 28
employee through Heber Associates to work in the Wastewater Department until such time as a new
employee could be hired in the Wastewater Department, and
WHEREAS, the Wastewater Deputy Director posted availability and reviewed the current
Warren County Civil Service List for a Senior Account Clerk position, reviewed resumes and
interviewed interested candidates, and
WHEREAS, the Wastewater Deputy Director has recommended that the Town Board
authorize the appointment of Sandra Jarvis as Senior Account Clerk, as Ms. Jarvis is presently listed
as #2 on the Warren County Civil Service List for the position,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Sandra
Jarvis as full-timeSenior Account Clerk, a CSEA competitive position, in the Town’s Wastewater
Department at the rate of pay delineated for the position in the Town’s Agreement with CSEA, to be
paid from the appropriate payroll account, and
BE IT FURTHER,
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RESOLVED, that this appointment shall be effective July 13, 2004 or the date thereafter
that she commences her position as Senior Account Clerk, and shall be subject to successful
completion of an eight (8) month probation period, a pre-employment physical as required by Town
Policy and any other applicable Civil Service requirements, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Budget Officer, Wastewater Director and/or Deputy Director to complete any forms and take any
action necessary to effectuate the terms of this Resolution.
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Duly adopted this 12 day of July, 2004, by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF EDWARD AND
THOMAS O’CONNOR, INC. TO PROVIDE CONSTRUCTION SERVICES
CONCERNING TOWN OF QUEENSBURY SOFTBALL FIELD
IMPROVEMENTS AT RIDGE/JENKINSVILLE PARK
Regular Town Board Meeting, 07-12-2004, Mtg #30 29
RESOLUTION NO.: 345, 2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Town of Queensbury’s Director of Parks and Recreation requested
proposals from construction firms to provide softball field improvements at the Ridge/Jenkinsville
Park site, and
WHEREAS, one proposal in the amount of $179,500 was received from O’Connor
Construction Co., Inc., and subsequently reviewed by the Town’s Director of Parks and Recreation,
Landscape Architect Jim Miller and discussed with the Town’s Recreation Commission, and
WHEREAS, it was the consensus that the sole bid amount was significantly higher than
anticipated and that this amount could be negotiated lower with the sole bidder by making a few
insubstantial changes in the project’s scope, and
WHEREAS, a meeting with the sole bidder was conducted where the price was decreased,
and
WHEREAS, O’Connor Construction Co., Inc., has agreed to provide the services outlined in
the reduced scope of the project for an amount not to exceed the lump sum of $114,371,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement
of Edward & Thomas O’Connor, Inc., to construct field improvements to the four (4)
Ridge/Jenkinsville Park softball fields including site clearing, grading, installing a 10 foot deep
warning track surface and hydro seeding the newly created outfield areas for an amount not to
exceed the lump sum fee amount of $114,371 as recommended by the Town’s Director of Parks and
Recreation, and
BE IT FURTHER,
RESOLVED, that expenses for this project shall be paid for from the Ridge/Jenkinsville Park
Improvement Project Account No.: 138-7110-2899, and
BE IT FURTHER,
Regular Town Board Meeting, 07-12-2004, Mtg #30 30
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any necessary forms or agreements related to this project and further authorizes and directs
the Town Supervisor, Director of Parks and Recreation and/or Budget Officer to take all action
necessary to effectuate the terms of this Resolution.
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Duly adopted this 12 day of July, 2004, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE ORDER FOR FORD F-350
PICK-UP TRUCK FOR USE BY TOWN
PARKS AND RECREATION DEPARTMENT
RESOLUTION NO.: 346, 2004
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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 Director of Parks and Recreation has advised the Town Board that
his Department wishes to purchase a 2004 Ford F-350 4x4 Pick-up Truck for use by the Parks and
Recreation Department, and
WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request to replace
a similar vehicle and such proposed purchase has been budgeted for in the 2004 budget, and
WHEREAS, New York State Bidding is not required as the purchase is under New York
State Contract Group No.: 40560,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Parks and
Recreation Director’s purchase of a 2004 Ford F-350 4x4 Pick-up Truck for use by the Parks and
Recreation Department from Van Bontel Ford, Inc., in accordance with New York State Contract
Group No.: 40560 for an amount not to exceed $24,664 to be paid for from funds budgeted in 2004,
from Account No.: 01-7110-2020, and
Regular Town Board Meeting, 07-12-2004, Mtg #30 31
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Parks and Recreation
Director, Budget Officer and/or Town Supervisor 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 12 day of July, 2004, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION
REGARDING HILAND PARK/MEADOWBROOK ROAD
IMPROVEMENTS
RESOLUTION NO.: 347, 2004
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, by Resolution No. 502, 2003 the Queensbury Town Board authorized
establishment of Capital Project Fund #142 to fund expenses associated with parking lot
development, design and construction of hiking trails and fishing access sites at the Hiland Park
property, and
WHEREAS, the Town Board wishes to conduct a State Environmental Quality
Review Act (SEQRA) review of such park improvements as well as future park
improvements to include, but not be limited to, construction of a 10 car parking
area, development of approximately one mile of hiking/cross-country ski trails,
and creation of fishing access sites along Halfway Brook and a small bridge
structure, and
WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the
State Environmental Quality Review Act (SEQRA) which requires environmental review of certain
actions undertaken by local governments,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, after considering the proposed action,
reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential
Regular Town Board Meeting, 07-12-2004, Mtg #30 32
environmental concerns, determines that the action will not have a significant effect on the
environment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to
complete the Environmental Assessment Form by checking the box indicating that the proposed
action will not result in any significant adverse impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves a SEQRA Negative Declaration and authorizes
and directs the Town Clerk's Office and/or Parks and Recreation Department to file any necessary
documents in accordance with the provisions of the general regulations of the Department of
Environmental Conservation.
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Duly adopted this 12 day of July, 2004, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES : None
ABSENT : None
AFTER INTRODUCTION OF RESOLUTION AND BEFORE VOTE:
Mr. Round, Executive Director lead the Town Board through the following Short Environmental
Assessment Form, Part II:
NO
A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4?
B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6?
NO
C, Could action result in any adverse effects associated with the
following:
C1, Existing air quality, surface or groundwater quality or quantity, noise levels,
existing traffic patterns, solid waste production or disposal, potential for erosion,
NO
drainage or flooding problems?
C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural
NO
resources; or community or neighborhood character?
C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or
NO
threatened or endangered species?
C4, A community's existing plans or goals as officially adopted, or a change in use
NO
of intensity of use of land or other natural resources?
C5, Growth, subsequent development, or related activities likely to be induced by
NO
the proposed action?
Regular Town Board Meeting, 07-12-2004, Mtg #30 33
NO
C6, Long term, short term, cumulative, or other effects not identified in C1-C5?
C7, Other impacts (including changes in use of either quantity or type of
NO
energy)?
D. Will the project have an impact on the environmental characteristics that caused the
NO
establishment of a CEA?
E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts?
NO
Mr. Round, Executive Director-Part III is the Determination of Significance and Negative
Declaration, and you have one prepared by Counsel in front of you.
(vote taken)
RESOLUTION AUTHORIZING ENGAGEMENT OF JOY, MC COOLA &
ZILCH, ARCHITECTS AND PLANNERS, P.C. TO PROVIDE
ARCHITECTURAL AND ENGINEERING SERVICES CONCERNING
DESIGN AND CONSTRUCTION OF TOWN COMMUNITY CENTER
RESOLUTION NO.: 348, 2004
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury’s Recreation Commission requested proposals from
professional architectural firms to provide architectural and engineering services for the design and
construction of a community recreation center, and
WHEREAS, nine (9) proposals were received and reviewed by a selection committee
including the project consultant, Recreation Commissioners and Department of Parks & Recreation
staff, and the Recreation Commission has recommended engagement of Joy, McCoola & Zilch,
Architects and Planners, P.C., to provide the requested services for an amount not to exceed a lump
sum fee of $897,000,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
engagement of Joy, McCoola & Zilch, Architects and Planners, P.C., to perform architectural and
engineering services as outlined in the Request for Proposals and as further delineated in the Joy,
McCoola & Zilch proposal dated May 13, 2004 and presented at this meeting for an amount not to
exceed the lump sum fee of $897,000 as recommended by the Town’s Recreation Commission, and
BE IT FURTHER,
Regular Town Board Meeting, 07-12-2004, Mtg #30 34
RESOLVED, that expense for this project shall be paid for from the
Queensbury Community Center Project Account No.: 144-7110-4403, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute an agreement with Joy, McCoola & Zilch, Architects and Planners, P.C., in a form
acceptable to the Town Supervisor and Town Counsel, which Agreement shall provide that if the
community recreation center or its financing is subject to referendum, the amount to be paid to Joy,
McCoola & Zilch shall not exceed $135,000 unless and until such referendum is passed
successfully, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution.
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Duly adopted this 12 day of July, 2004, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ELECTRIC POWER SALE SUPPLY
AGREEMENT RENEWAL OFFER BETWEEN TOWN OF QUEENSBURY
AND NYSEG SOLUTIONS, INC.
RESOLUTION NO.: 349, 2004 PULLED
INTRODUCED BY: Mr. Roger Boor
WHO MOVED IT’S ADOPTION
SECONDED BY: Mr. Tim Brewer
Ms. Jennifer Switzer, Budget Officer and Town Board held discussion as to whether the Town is
seeing a savings and agreed to pull resolution until further review.
RESOLUTION AUTHORIZING PARTICIPATION ON THE CAPITAL
DISTRICT URBAN/TECHNICAL SEARCH AND RESCUE TEAM
RESOLUTION NO.: 349, 2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
Regular Town Board Meeting, 07-12-2004, Mtg #30 35
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury recognizes the need to prepare for natural and
manmade disasters and recognizes the need for trained technical rescue specialists, and
WHEREAS, the New York State Department of State Office of Fire Prevention and Control
provides the coordination, funding, training and administrative support for the Capital District
Urban/Technical Search and Rescue Team (UTSAR Team), and
WHEREAS, the UTSAR Team is an urban search and rescue team formed in accordance
§
with General Municipal Law 209-bb to provide qualified rescue specialists and specialized rescue
equipment readily available for rapid assembly and deployment to the scene of an emergency, and
WHEREAS, the UTSAR Team members have received specialized training and equipment
to respond to specialized technical rescue situations, and
WHEREAS, the Town of Queensbury wishes to continue its membership on the UTSAR
Team and supports the participation of its volunteers in the training and deployment of the UTSAR
Team,
NOW, THEREFORE BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs volunteers of
the Town of Queensbury to act on behalf of the Town of Queensbury by participating as members
of the UTSAR Team and to complete and maintain the necessary training and deployment of the
UTSAR Team under the coordination of the New York State Department of State Office of Fire
Prevention and Control, and
BE IT FURTHER,
RESOLVED, that in accordance with the applicable provisions of General Municipal Law
§
209-bb, the Town of Queensbury agrees to provide defense and indemnification coverage in
§
accordance with Public Officers Law 18 and/or other defense and indemnification coverage
provided by the Town of Queensbury Fire District and Workers’ Compensation coverage in
accordance with applicable provisions of the Workers’ Compensation Law or benefits in
accordance with applicable provisions of the Volunteer Firefighters Benefits Law for such
volunteers while participating on the UTSAR Team, and
BE IT FURTHER,
Regular Town Board Meeting, 07-12-2004, Mtg #30 36
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
sign any necessary documents in connection with this Resolution and further authorizes and directs
the Town Supervisor to send certified copies of this Resolution to Bryant Stevens, Chief, Special
Services Bureau, New York State Department of State, Office of Fire Prevention and Control, 41
State Street, Albany, New York 12231 and to each Fire Chief of the Town’s five Volunteer Fire
Companies and take such other and further action as may be necessary to effectuate the terms of this
Resolution.
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Duly adopted this 12 day of July, 2004 by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF KEVIN MULCAHY AS
FULL-TIME LABORER FOR TOWN WATER DEPARTMENT
RESOLUTION NO.: 350, 2004
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town of Queensbury’s Water Superintendent has advised the Town Board
that there is a vacant full-time Laborer position in the Water Department, and
WHEREAS, the Water Superintendent posted availability for the position, reviewed
resumes, interviewed interested candidates and has recommended that the Town Board authorize
the transfer of Kevin Mulcahy, currently employed as a temporary Laborer in the Highway
Department, to the position of full-time Laborer in the Town’s Water Department,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Water
Superintendent to hire Kevin Mulcahy, currently employed as a temporary Laborer in the Town’s
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Highway Department, as a full-time Laborer in the Town’s Water Department effective July 19,
2004 subject to an eight (8) month probationary period, and
BE IT FURTHER,
Regular Town Board Meeting, 07-12-2004, Mtg #30 37
RESOLVED, that the Town Board further authorizes and directs that Mr. Mulcahy be paid
the hourly rate of pay listed for the Laborer position in the current CSEA Contract, 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 forms and take any action necessary to
effectuate the terms of this Resolution.
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Duly adopted this 12 day of July, 2004 by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None
RESOLUTION TO AMEND 2004 BUDGET
RESOLUTION NO.: 351, 2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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 2004 Town
Budget as follows:
COMMUNITY DEVELOPMENT
FROM: TO: $ AMOUNT:
01-1990-1002 01-8010-1606-0002 1,820.
(P.R. Contingency) (Zoning Enforcement, OT)
01-1990-1002 01-8010-1915-0002 1,120.
(P.R. Contingency) (Zoning/OS/OT)
Regular Town Board Meeting, 07-12-2004, Mtg #30 38
WATER
FROM: TO: $ AMOUNT:
040-9950-9030 040-9710-6010 119,662.
(Transfer Cap. Proj.) (P.B. Payment)
040-9950-9030 040-9710-7010 79,054.
(Transfer Cap. Proj.) (Bond Int. Payment)
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Duly adopted this 12 day of July, 2004, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS –
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ABSTRACT OF JULY 8, 2004
RESOLUTION NO.: 352, 2004
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as
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the Abstract with a run date of July 8, 2004,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run
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date of July 8, 2004 numbering 24-294600 through 24-306700 and totaling $581,011.19, 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.
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Duly adopted this 12 day of July, 2004, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
Regular Town Board Meeting, 07-12-2004, Mtg #30 39
RESOLUTION SETTING PUBLIC HEARING ON
PROPOSED LOCAL LAW NO. __ OF 2004 TO AMEND QUEENSBURY
TOWN CODE CHAPTER 179 “ZONING” TO CREATE AN
UNDERGROUND UTILITIES OVERLAY DISTRICT
RESOLUTION NO.: 353, 2004
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2004 to
amend Queensbury Town Code Chapter 179, “Zoning,” Article 4 entitled "Schedule of
Regulations" by adding a new section 179-4-110 entitled “Underground Utilities Overlay District,”
to create an Underground Utilities Overlay District in the Town of Queensbury, and
WHEREAS, this legislation is authorized in accordance with New York State Municipal
Home Rule Law §10 and Town Law Article 16, 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
th
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, July 26, 2004
to hear all interested persons and take any necessary action provided by law concerning proposed
Local Law No.: __ of 2004, 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
2004 in the manner provided by law.
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Duly adopted this 12 day of July, 2004, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
Regular Town Board Meeting, 07-12-2004, Mtg #30 40
BEFORE VOTE:
Town Counsel Hafner-Would like to raise two issues, this draft is for your consideration and one
there’s a blank in it, in C that says include all properties located within X feet of the following roads
and I think that was something that was for your discussion. Also, you went back and forth with
whether or not to include Bay Road. This doesn’t have Bay Road in there, I just wanted to bring it
up one last time, if that was something that you were interested in.
Town Board held discussion, no decision made and agreed to discuss further…
(vote taken)
ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM FLOOR - NONE
ATTORNEY MATTERS
Town Counsel Hafner-Referred to the proposed Diesel Truck Idling Local Law and noted that he
will have a draft prepared and distributed to the Town Board this week for their review and
consideration at the next Regular Town Board Meeting…
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO.: 354, 3004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR IT’S ADOPTION
SECONDED BY: Mr. Roger Boor
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and enters Executive Session to discuss personnel matters.
th
Duly adopted this 12 day of July, 2004, by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION TO RECONVENE
RESOLUTION NO.: 355, 2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR IT’S ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Executive Session and enter Regular Session of the Town Board.
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Duly adopted this 12 day of July, 2004, by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
Regular Town Board Meeting, 07-12-2004, Mtg #30 41
NOES: None
ABSENT: None
RESOLUTION TO ADJOURN REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 356, 2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR IT’S ADOPTION
SECONDED BY: Mr. Roger Boor
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their
Regular Town Board Meeting.
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Duly adopted this 12 day of July, 2004, by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
No further action taken.
RESPECTFULLY SUBMITTED,
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY