1979-11-20 SP Special Meeting November 20, 1979
Members Present : Michel Brandt, Supervisor
Daniel Olson, Counal-lman
Charles Eisenhart, Councilman
Frances Walter, Councilman
Hammond Robertson, Councilman
Joesph Brennan, gown Counsel
Guests : League of Women Voters , Mr. Harris,
Town Officials: Stephen Lynn, Thomas Flaherty, Michael Swan.
Meeting was opened at 7:35 P.M. with a salute to the flag by Mrs. Walter.
RESOLUTION TO APPROVE MINUTES
R •�O UTTON NO_ U8 , introduced by Mr. Olson, who moved its adoption
seconded by Mrs. Walter.
RESOLVED, that the minutes of November 8 and November 13, 1979 be and
hereby are approved.
Duly adopted by the following vote:
Ayes: Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt/
Noes: None.
Absent: None.
RESOLUTION TO TRANSFER FUNDS
ttF�0111TTON NO, 369, introduced by Mr. Brandt, who moved its adoption
seconded by Mr. Robertson.
WHEREAS, the Recreation Department conducted a number of summer programs
which were not initially budgeted for in the 1979 department budget and
WHEREAS, 50%of the cost of these programs will be received in the form
of reimbursement from the New York State Division for Youth in March, 1980,
and
WHEREAS, the Recreation Department anticipates starting winter programs
early in December and the Recreation Director has projected that available
funds in A 7310.100, Personal Services and A 7310.440, Contractual
Services will not be sufficient to cover these programs for a three week
period until December 31, 1979, now therefore be it
RESOLVED, to transfer $900.00 from A909, Fund Balance to A 7310. 100,
Youth Programs, Personal Services , and $1000.00 from A909 , Fund Balance
to A7310.440 Youth Programs Contractual for a total of $1900.00.
Duly adopted by the following vote : ,.
Ayes:
""— Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt
Noes : None.
Absent: None
Discussion held before vote:
Mr. Eisehhart asked if Mr. Hansen went beyond his budget.
Mr. Brandt explained that in setting up Mini-parks this year, proper
funding for these will not be coming in the near future , therefore
extra funding is needed to finish out the year.
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R7-SOLUTION AUTHORIZING RETENTION BY WARREN COUNTY TREASURER OF
$520,533.00 IN 1980 SALES TAX REVENUES ALLOCABLE TO THE TOWN OF
QUEENSBURY.
RESOLUTION NQ_ 370, introduced by Mr. Brandt, who moved its adoption
seconded by Mr. Eisenhart.
WHEREAS, the Town of Queensbury in accordance with the provisions of Tax
Law Section 1361 has previously duly adopted a resolution to accept sales
tas revenues in direct payment rather than as a credit to reduce the annual
Warren County taxes levied upon real property in the Town of Queensbury and
WHEREAS it is estimated b y the Warren County Treasurer that the Town
of Queensbury will receive as its share of sales tax revenues collected
in 1980, an amount in excess of $1 ,400,000, and
WHEREAS, it has been determined that the operation of the Town of
Queensbury will not necessitate the receipt of the total sum of
$1,400,000, and
WHEREAS, it has been determined that the operation of the Town of
Queensbury will not necessitateathe receipt of the total sum of
$1,400,000. and
WHEREAS, an inordinante increase in the 1980 Warren County Tax levied
upon the real property in the Town of Queensbury will result unless
a portion of the 1980 sales tax revenues is applied to reduce the 1980
Warren County taxes levied upon real property in the Town of Queensbury and
WHEREAS, in order to reduce the 1980 County taxes levied upon real
property in the Town, it appears that the Town os able to allow the
sum of $520,533.00 to be retained by Warren County and to be applied to
reduce said county taxes , and
WHEREAS such would appear to be in the best interest of the Town of
Queensbury and the eesidents thereof,
NOW, THEREFORE BE IT
RESOLVED, that the Town of Queensbury authorize the Warren County
Treasurer to retain the first $520,533.00 allocable for payment
to the Town of Queensbury that is received• by the County of Warren
from the State of New York in sales tax revenues collected as a result
of sales during the calendar year 1980 and
BE IT FURTHER
RESOLVED, that the County of Warren apply said $520,533.00 as an
anticipated revenue in the 1980 Warren County Budget for the purpose
of establishing a 1980 Warren County Tax rate with respect to County
taxes to be levied upon real property in the Town of Queensbury and
BE IT FURTHER
RESOLVED, that the Supervisor of the Town of Queensbury be authorized
to execute on behalf of the Town of Queensbury a written agreement with
the County of Warren binding the Town of Queensbury to pay to the County __.
of Warren said sum of $520,533.00 in accordance with the payment schedule
set forth above and , be it further
RESOLVED, that the Town Clerk of the Town of Queensbury be directed to
forward immediately a certified copy of this resolution to the Chairman.
of the Warren County Board of Supervisors , the Budget Officer of the
Warren County Board of Supervisors and the Clerk of the Warren County
Board of Supervisors .
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Duly adopted by the following vote:
Ayes: Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt.
Noes : None.
Absent : None.
A discussion was held by the Board before this vote as to why this is being
done and how it is to be done.
RESOLUTION AUTHORIZING THE ISSUANCE OF A $3000.00 BONN ANTICIPATION
RENEWAL NOTE OF THE TOWN OF QUEENSBURY, COUNTY OF WARREN, TO RENEW IN
PART A $31,000.00 BOND ANTICIPATION NOTE OF SAID TOWN TO PAY THE COST
OF THE PURCHASE OF A TELEPHONE 60NMJNICATION SYSTEM FOR BAIDTOWN
RF50TIITTON Nn 371 introduced by Mr. Brandt, who moved its adoption
seconded by Mr. Robertson.
WHEREAS, the Town Board of the Town of Queensbury on May 27 , 1975 adopted
a bond anticipation note rewolution in the amount of $31,000.00; and
WHEREAS, a renwwal bond anticipation note in the amount of $9 ,200.00
was subsequently renewed and sold by the Supervisor of the Town of
Queensbury to the First National Bank of Glens, Falls, Glens Falls, N.Y.
WHEREAS, said renewal bond anticipation note is due and payable as of
November 23, 19792
NOW THEREFORE BE IT
RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is
authorized to
(a) Pay towards said renewal bond anticipation
note the sum of $6,200.00, and
(b) To renew partially said bond anticipation
note with a balance of $3000.00 with the
Glens Falls National Bank & Trust Company,
Glens Falls , New York for a period running
from November 23, 1979 to November 22, 1980
with interest at the rate of 6. 75 percent
per annum ( a copy of the renewal bond
anticipation note is attached hereto) .
Duly adopeed by the following vote :
Ayes: Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt.
Noes : None.
Absent: None.
Discussion held before vote :
Mr. Olson asked if we had many more of these small anticipation noeed
to be paid.
Mr. Brandt indicated all in the Highway Dept. are retired and there is
one more in the Water Dept.
RESOLUTION AUTHORIZING PAYMENT OF PENALTY
RESOLUTION N0,.j72 introduced by Mr. Eisenhart who moved its adoption
seconded by Mr. Olson.
WHEREAS, a controversy has existed for many months between the Town of
Queensbury and the New York State Department of Environmental Conservation
concerning the issuance of permits for the operation of the landfill
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on Ridge Road in the Town of Queensbury, and
WHEREAS, the Town of Queensbury was charged by the New York State
Department of Environmental Conservation with violating Environmental
Conservation Law Section 27-0707 (1) and 6 NYCRR 360.2 (a) and (b) ,
in a complaint dated February 9 , 1979 and
WHEREAS, the Town Board has been informed by Joseph R. Brennan,
Counsel to the Board that an answer was filed to the complaint denying
the allegations thereof and setting forth several legal and constitutional
defenses and
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WHEREAS, the Town Board has been advised by Joseph R. Brennan, Counsel
to the Board , that substantial sums of public monies would be required
to defend this proceeding and
WHEREAS, it appears that it would not be in the best interest of the
Town of Queensbury to cause expenditures of substantial sums of public
money to defend this proceeding and
WHEREAS, a landfill construction permit has been issued to the Town of
Queensbury by the New York State Department of Environmental Conservation
and
WHEREAS, it would appear to be in the best interest of the Town of
Queensbury to terminate the vi(bAation proceeding in as inexpensive a
manner as possible and
WHEREAS, the New York State Department of Environmental Conservation has
agreed to accept from the Town of Queensbury the payment of the sum of
$1000.00 as a penalty for the alleged violation and
WHEREAS, it is required to terminate the proceeding that the Supervisor
of the Town of Queensbury be authorized to execute on behalf of the
Town of Queensbury an appropriate legal document agreeing to the _!
imposition of the said penalty.
NOW THEREFORE BE IT
RESOLVED, that the Supervisor of the Town of Queensbury be and he hereby
is authorized to execute on behalf of the Town of Queensbury an
appropriate legal document , as approved by the Town Counsel, agreeing to the
termination of the pending violation proceeding and further agreeing to
the payment of a penalty in the amount of $1000.00 and be it further
RESOLVED, that payment of said sum to the New York State Department
of Environmental Conservation be and the same is hereby authorized.
DulF ad6pted by the following vote :
Ayes: Mr. Olson, Mr. Eisenhart, Mr. Robertson, Mr. Brandt.
Noes: Mrs. Walter.
Absent: None.
Mr. Eisenhart stated that the Town Attorney did a goo d jo b in
writing up the reasons.
Mr. Brandt asked that it be on the record that the fine was insisted
on by the Ad&rondack Park Agency and not ENCON. He stated that he thought
it was a shame when the Park administration sees in its duties fining
any town or municipality over a trivial matter such as this. It is way
out of proportion, and I think some day that Town government and County
government better look at taking on APA and checking its constitution.
If we are going to spend citizens money through that agency we had batter
spend it to challenge the existence of that agency. I think it is a
violation of the fifth amendment of the constitution.
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Mrs. Walter stated that she agreed and that in the best interest of
cooperation of local governments and these kinds of bureaucratic agencies
that the agency,-, would have been smart to waive the fines and I regret
that they chose not to do so.
At this point in the meeting Mr. Brandt turned the gavel over to
Deputy Supervisor Hammond Robertson.
The item before the Board at this time is the rezoning of properties
on West Mountain of which a hearing was held on November 13th.
The application of the West Mountain Corp. is to rezone certain
parcels of land. Mr. Brandt removed himself from the diaz as a Town
Board member. Mr. Brandt does wish t*ddress the Board on certain
changes which came out of the input of the hearing.
Mr. Brandt explained that he moved the commercial zone 188 feet more
away from West Mountain Road. It will now be 300 feet away. Some of
the clusters of houses were moved back more. One driveway was eliminated
also. Mr. Brandt used new maps to show these changes. The commercial
zone will now be 18.6 acres.
The question was asked if these changes would create another public
hearing.
Mr. Brennan indicated that the changes meant increasing the size of
the buffer. It is also proposed to reduce the size of the commercial
area and add it to the R-5 area. These changes would be more compatable
than what had been originally proposed and which was notice n the public
hearing. This does not represent a substantial negative chan e. If the
proposal� in my opinion was the other way, to change from R-5 to C-1,
than I think a public hearing would be in order.
Mr. Robertson: I believe these changesAMr. Brandt are the result of
the input at the public hearing that you heard as an applicant.
Mr. Brennan indicated also 'nd d h
s i
that you can not have a conditional amendment
ent
to the ordinance. It is either amended or it is not amended. There is
no legal authority to amend an ordinance conditioned whether it would be
an ordinance with respect to a No-Parking area, a zoning ordinance
amendmentp any ordinance whatsoever. That is more properly a donditional.
situation, as more properly in the area of a variance application.
Mr. Eisenhart asked if Mr. Brandt should fail, is there anything preventing
us from zoning it back the way it was before.
Mr. Brennan: If someone gets into, again it is a very nebulous term,
where there has been a rezoning or even a variance granted, a classic
case is where a zoning ordinance is initially adopted, where someone for
example has proposed a subdivision and there is no zoning ordinance in
effect, then has made substantial expenditures toward proceeding the
project to completion, substantial being a relative term is the question
as to whether or not they are affected by the Onning ordinance. If thie
property were to be reaonedjsubstantial expenditures were made, based on
the rezoning, that would place a limitation on the authority of this
board to rezone it because in effect after the rezoning that would
constitute a virtual taking in violation of the constitution. If no
action was taken.,or something less than substantial expenditures,
whatever that would .amount tol and that i relative to the size of the
project. , etc. , it could be rezoned but here are substantial expenditures
toward completion of the project the answer would be NO.
RESOLUTION TO AMEND ZONING ORDINANCE
R ?Sn AJTTnN-NOS 373-, introduced by- Mr. Eisenhart , who moved its adoption
seconded by Mr. Robertson.
WHEREAS, certain premises to the west of West Mountain Road are presently
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zoned in the classifications of R-2 and R-3 and
WHEREAS, an application was received by the Town Board from WFst Mountain
Corporation requesting the rezoning of premises of which it is the owner
from a classification of R-2 and R-3 to R-5 and C-1 as more particularly
described in Exhibit "A" annexed hereto and
WHEREAS, said application was referred to the Queensbury Planning Board
and the Warren County Planning Board for recommendation and consideration
of said application and
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WHEREAS, the Queensbury Planning Board and the Warren County Planning
Board have recommended, respectively, that the premises sought to be
rezoned be in fact rezoned in accordance with the proposal set forth in
the application and
WHEREAS, said application on the recommendation of the Queensbury
Planning Board and the Warren County Planning Board were deemed worthy
of consideration and
WHEREAS, pursuant to a resolution of the Town Board and in accordance with
law, a public hearing was held before the Town Board on November 13, 1979
to consider the aforesaid application and recommendations for rezoning and
WHEREAS, at said public hearing all persons wishing to be heard concerning
this issue were heard by the Town Board and
WHEREAS, after due deliberation, it appears that the proposed rezoning,
as recommended by the Queensbury Planning Board and the Warren County
Planning Board, would be beneficial to the Town of Queensbury and in
furtherance of its general planning and zoning scheme ,
NOW, THEREFORE BE IT
RESOLVED, that the Town of Queensbury Zoning Ordinance be amended by
rezoning the premises described in Exhibit "A", attached hereto as
"Parcel No. 1" from the present zoning classifications of R-2 and R-3
to the new classification of R-5 and be it further
RESOLVED, that the Town of Queensbury Zoning Ordinance be amended by
rezoning the premises described in Exhibit "A" attached hereto as "Parcel
No. 2" from the present zoning classifications of R-2 and R-3 to the new
classification of C-1 and be it further
RESOLVED, that the Town of Queensbury Zoning Ordinance be amended by
rezoning the prem±see,described in Exhibit "A" attached hereto as "Parcel
No. 3" from the present zoning classification of R-2 to the new
classification of R-5 and be it further
RESOLVED, that the Town Clerk be directed to cause notice of this
amendment to be published as required by Town Law Section 264 and to
take all other action required by law to cause said amendment to become
effective in accordance with the p4ovisions of Town Law Section 264
and be it further
of Town RESOLVED, that the Zoning Map of the T o Queensbury be amended
to show the rezoning of the above described premises from the present
Zoning classification of R-2 and R-3 to R-5 and C-1 and that the zoning
map, as amended, be filed and maintained in the office of the Town Clerk
as required by law.
Duly adopted by the following vote :
Ayes : Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson.
Noes : None
Absent : None.
Copies of Schedule "A" will be filed in the Zoning Files in the 43
Town Clerk' s office
Town Clerk Donald Chase presented the Board with CERTIFICATE OF
AMENDMENT OF THE CERTIFICATE OF INCORPORATION OF WEST GLENS FALLS
FIRE CO. NO. 1 papers under Section 803 of the NOT FOR PROFIT CORPORATION
LAW. These papers needed Fire Co. approval as well as Town board, and
also approval of the Justice of the Supreme Court.
RESOLUTION TO APPROVE CERTIFICATE OF INCORPORATION AMENDMENT PAPERS
FOR WEST GLENS FALLS FIRE CO. NO. 1.
RESOLUTION N0. 374 introduced by Mr. Brandt who moved its adoption
seconded by M Eisenhart.
RESOLVED, THS Town Board of the Town of Queensbury does hereby consent
to the formation of the West Glens Falls Fire Co. Certificate of
amdodment of the Certificate of Incorporation and consent that the
same be filed.
Duly adopted by the following vote:
Ayes : Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt.
Noes : None.
Absent : None.
(Copies of the changes in the incorporation papers will be founq attached
to this reellution. )
Town Counsel, Joseph Bftennan explained to the Board why this has to be
done.
Mr. Brandt stated to the Board that the Town He4ALth Officer, Dr. Reid
was present and that the Board would go into Executive Session to
discuss some health problems in the Town.
The Police report for October was presented to the Board and will be
on file in the Town Clerk' s office.
Mrs. Walter informed the Board that it should be announced, that if
anyone is intereeted in serving on the Beautification committee that
they should contact the Supervisor' s Office.
Mr. Olson also informed the Board of some vacancies on the Recreation
committee.
Open Forum: Mr. Harris asked if the Health Officer would be present
at the Executive session.
R89OLTITI'ON CALLING FOR EXECUTIVE SESSION
RESOLUTION NO 375 introduced by Mr. Robertson, who moved its adoption,
seconded by Mr. 0 s-on.
RESOLVED, that the Town Board of the Town of Queensbury hereby moves
into Executive session to discuss Health related matters in the
Town of Queensbury.
Duly adopted by the following vote :
Ayes : Mr. Olson, Mr. Eisenhart, Mrs. Walter, Mr. Robertson and Mr. Brandt.
Noes : None.
Absent: None.
RESOLUTION TO RETURN TO OPEN MEETING
RESOTITTTDN N0�3Zb introduced by Mr. Brandt who moved its adoption,
44
seconded by Mr. Robertson
RESOLVED, that the Town Board of the Town of Queensbury hereby moves
back into open session.
Duly adopted by the following vote :
Ayes: Mr. Olson, Mr. Eisenhart , Mrs. Walter, Mr. Robertson, Mr. Brandt.
Noes : None
Absent: None
RESOLUTION SETTING PUBLIC HEARING REGARDING HEALTH PROBLEMS ON TWO
PARCELS OF PROPERTY IN THE TOWN OF QUEENSBURY
AESOLUTION NO. 377 , introduced by Mr. Brandt who moved its adoption
secnnded by Mr. hisennart.
(This resolution is not available at this time but will be forthcoming
from the Town Counsel at a later date and will be found on page 5 3
On motion the meeting was adjourned.
Respectfully,
Donald A. Chase, Town Clerk