2007-03-05 MTG8
Regular Town Board Meeting 03-05-2007 MTG#8 219
REGULAR TOWN BOARD MEETING MTG#8
MARCH 5, 2007 RES#116-129
7:00 P.M.
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ROGER BOOR
COUNCILMAN RICHARD SANFORD
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN OFFICIALS
WATER SUPERINTENDENT, BRUCE OSTRANDER
WASTEWATER DIRECTOR, MIKE SHAW
FISCAL MANAGER, BARBARA TIERNEY
EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, BLANCHE ALTER
PRESS
POST STAR, TV 8
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER
1.0HEARING/PUBLIC HEARING
LAKE GEORGE CAMPSITES, LLC’S APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION
REQUIREMENT CONCERNING PROPERTY LOCATED AT 1053 STATE
ROUTE 9
OPENED
SUPERVISOR STEC-This is a hearing. The Town Board has the authority to grant a
delay to property owners in the sewer district from making the physical connection
usually it is motivated by working around construction timing desire. As I have said,
many times we have done a lot of these on Route 9. There is no financial advantage
against the Town or against the district in saying, I will put this off and connect at a later
date they still pay as though they are tied in but what it does it allows them to tie in at
their convenience. I’m not sure if the owner or the applicant is even present, this evening
it is not normally necessary. Does the Town Board have any discussion on this?
COUNCILMAN BOOR-Yeah, second page second resolved it should be March 5, 2008
not 2007 correct?
SUPERVISOR STEC-Extension time until March 5, 2008.
COUNCILMAN BOOR-Otherwise they would only have four more hours.
SUPERVISOR STEC-You are correct.
COUNCILMAN BREWER-I just want to ask Mike Shaw one question Dan. Mike do
you keep track of these and how long do we let these go do we let them go forever. I
understand that they pay the fees and everything.
WASTEWATER DIRECTOR, MIKE SHAW-That is up to the Town Board. When their
time is up, we will let them know that they are up.
COUNCILMAN BREWER-I guess, what I am saying is if this comes back to us next
year we will know this has been repetitive.
Regular Town Board Meeting 03-05-2007 MTG#8 220
WASTEWATER DIRECTOR, MR. SHAW-What we could do we don’t normally…
COUNCILMAN BREWER-Track them.
WASTEWATER DIRECTOR, MR. SHAW-We can always….if it comes before you the
second time.
COUNCILMAN BREWER-If they are using the same excuse it is winter and we don’t
want to do it in the winter type of a reason then maybe for just our own information.
SUPERVISOR STEC-Our winters are long but not that long.
COUNCILMAN BOOR-The other question would be did this already get a two-year and
now this is a one-year or did it get a one-year before?
SUPERVISOR STEC-I was going to say I don’t think we have ever granted a two.
COUNCILMAN BOOR-Initially when we first started these we did two so I just want to
know if this was coming off a two-year or a one-year.
COUNCILMAN BREWER-That is the exact reason for my question.
SUPERVISOR STEC-As it was pointed out this would be an extension until a year from
today March 5, 2008 is that a motion by somebody.
RESOLUTION APPROVING LAKE GEORGE CAMPSITES, LLC’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM
SANITARY SEWER CONNECTION REQUIREMENT CONCERNING
PROPERTY LOCATED AT 1053 STATE ROUTE 9
RESOLUTION NO.: 116, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136
§
to issue variances from 136-44 “Connection to sewers required” which requires Town
property owners situated within a sewer district and located within 250’ of a public sanitary
sewer of the sewer district to connect to the public sewer facilities within one (1) year from
the date of notice, and
WHEREAS, Lake George Campsites, LLC has applied to the Town Board for a
§
variance/waiver from Town Code 136-44 for an extension of the Town’s connection
requirements to connect its property located at 1053 State Route 9 to the Town of
Queensbury’s Route 9 Sewer District as the Applicant states that it requires more time to
develop and finalize the sewer connection plans and the existing on-site sewage disposal
system consisting of a sewer network and traditional septic tank and leach field pose no
known problems, as more fully set forth in the Applicant’s application, and
Regular Town Board Meeting 03-05-2007 MTG#8 221
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant
and the Town Board conducted a hearing concerning the variance/waiver request on March
th
5, 2007,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board
determines that the variance/waiver would not be materially detrimental to the
purposes and objectives of Queensbury Town Code Chapter 136 and/or
adjoining properties or otherwise conflict with the purpose and objectives of any
plan or policy of the Town of Queensbury; and
b) the Town Board finds that the granting of the variance/waiver is reasonable and
would alleviate unnecessary hardship on the Applicant; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves Lake George Campsites, LLC’s
§
application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44
th
“Connection to sewers required” and grants a one year extension of time or until March 5,
2008 in which to connect the Lake George Campsites, LLC’s property located at 1053 State
Route 9, Queensbury (Tax Map No.: 295.12-1-6) to the Town of Queensbury’s Route 9
Sewer District, provided that if there is any increase in septic use or additional bathroom
facilities added, then such variance shall immediately terminate unless the Queensbury
Town Board review and approves a new application for a variance/waiver, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater
Director and/or Town Fiscal Manager to take any actions necessary to effectuate the terms
of this Resolution.
th
Duly adopted this 5 day of March, 2007 by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT:None
CONTINUATION OF PUBLIC HEARING REGARDING COMPREHENSIVE
LAND USE PLAN
Regular Town Board Meeting 03-05-2007 MTG#8 222
SUPERVISOR STEC-Again, the public hearing was left opened. We have taken some
written comments over the last several months. I think we started this public hearing
back last fall so it has been at least four or five months that we have been taking comment
on and off at these meetings. It is the board’s intention as we discussed in a workshop
this is really driven by the legal process and the timing and all the hurdles that Stu is
going to end up walking us through as far as SEQRA and the County and all the other
agencies that will be involved. We have taken a lot of comment the board has provided
some comment to Stu as well. The process would require that we close this public
hearing assuming that the board is going to follow through with some of our own
changes, close this public hearing and take no action tonight, which is I think the
intention of where we are trying to go tonight. Then at a later date in the very near future
Stu is going to wrap up the changes that the board has suggested based on the feedback
we have received so far from the public as well as our own input. Then in the very near
future readvertise a new public hearing on those revised changes and then perhaps at that
time adopt the Comprehensive Land Use Plan hopefully not dragging this out too much
longer so that is the boards intention. We are looking again for any new comment we
have taken a lot of comment on this over the last several months, but the public hearing
we are going to conclude tonight and almost certainly take absolutely no action other than
as I just described and head towards a new public hearing. With that said is there anyone
that would like to comment on the public hearing involving the revised Comprehensive
Land Use Plan in particular anything new.
TED RAWSON-725 WEST MOUNTAIN ROAD, QUEENSBURY-I just have a little bit
I will keep it short and sweet. I have a problem number one; I do have a substantial
amount of property where I am. For this change to take effect the way it was presented to
me economically for me it is going to crush me. I found out about this in the local
barbershop. I was in here a little over two months ago to start a subdivision with some of
my property nobody told me anything. Nobody said hey, this is what we got we are
thinking about doing this you know you might want to look into it or this is what we got
proposed this just blindsided me. I found out last week and as soon as I found out my
next stop was up here because I wanted some explanation. Five years ago when I bought
my property nobody said guess what you know we are going to pull the carpet right out
from underneath you in about five years. I have a family, I have a daughter I plan on
taking my property and giving it to my child something, I never had when I was a kid.
Believe me I understand Queensbury is growing and I understand you people want to pull
back the reins on us so to speak that’s fine. I don’t think I feel that our zoning isn’t the
problem per se the way it is right now. Maybe let’s take the gray area the things that we
are not so sure about that’s out there right now and let’s pull them in let’s get a yes or no
instead of saying alright I’ve got a better idea. Instead of zoning it where I want to put
my house it is zoned three acres I don’t have a problem with that it is zoned three acres
fine but, when you are going to come back and say yeah, but we want you to have three
acres for the house and three acres just for the woods. The only problem is that it is
going to put me in the poorhouse. What does that do for my daughter when I want to
give it to her for down the road or when I want to retire and I want to have a nest egg
what do, I do. I might as well just put everything on the market now does that mean my
property value right now is cut in half.
COUNCILMAN BOOR-Ted, with all do respect I mean it sincerely; I have no idea what
you are talking about. I don’t know where you live. I don’t know what it is zoned now.
I don’t know what you have been told as far as what is being proposed to be rezoned. I
hear your distress, but it is unclear to me what you are talking about.
MR. RAWSON-I’ve looked at the maps. The new map the way it is supposed to be
proposed.
COUNCILMAN BOOR-That map isn’t the final map just so you know.
MR. RAWSON-I understand that. All I see is what I see.
COUNCILMAN BOOR-I get nervous when you say I’ve been in the barbershop and here
is what is going to happen.
Regular Town Board Meeting 03-05-2007 MTG#8 223
MR. RAWSON-I get nervous too when I’m not notified and owning over a hundred of
acres on West Mountain you can understand I pay taxes and I pay them handsomely.
COUNCILMAN SANFORD-Aren’t you in the park the Adirondack Park?
MR. RAWSON-No. I have a hundred acres it is in the park and I’ve got thirty acres its
out of the park.
COUNCILMAN SANFORD-The hundred acres that are in the park what’s the zoning
there?
MR. RAWSON-I think right now its ten acres. Do, I plan on doing anything with it in
the near future no? Do, I ever plan on doing anything I can’t answer that. The only thing
is….
COUNCILMAN BOOR-The thirty acres what is that zoned now.
MR. RAWSON-Three acres.
COUNCILMAN BOOR-What is it proposed as you were told in the barbershop to be
zoned?
MR. RAWSON-It is supposed to be sub dividable.
COUNCILMAN BREWER-I have the map can you show me on the map.
MR. RAWSON-Suburban whatever that is I don’t know before it was yellow.
COUNCILMAN BOOR-You haven’t given us anything we can respond too.
COUNCILMAN STROUGH-Ted is your piece of property at the end of Potter Road.
MR. RAWSON-Yeah, you know where it is. Right now I have a six-parcel subdivision I
want to do it is zoned one acre.
COUNCILMAN STROUGH-What they are saying now is it is moderate residential right,
which is I don’t know why they word it this way half a unit per acre. Why don’t they say
one unit per…
COUNCILMAN BOOR-One for two acres.
COUNCILMAN STROUGH-Yeah. What was the zoning previously?
MR. RAWSON-Right now it is zoned one acre. Where my house sits right now that I
live in is zoned one acre. I want to build my house approximately nine hundred feet
farther up on the mountain next to the Hayes Group, okay still my parcel I want to build
my house there.
COUNCILMAN BOOR-I don’t know why you can’t if you have thirty acres I don’t
know what you are getting at.
MR. RAWSON-I know that, but it is a thirty-acre parcel if you come in and tell me that
we are going to change it. Now, like I said I only looked at that map and that map was
saying…
COUNCILMAN BOOR-If, I understand Mr. Strough correctly assuming you subtract out
roads and common grounds if you have thirty acres and it goes to two acre I’m guessing
you can put ten to twelve homes in there I’m not the Planning Board and I don’t want to
be quoted on that. The issue that you may not be able to build another home is unrealistic
at best.
Regular Town Board Meeting 03-05-2007 MTG#8 224
MR. RAWSON-Not that I can’t build a home. If it is zoned if I have, twenty-five acres
left and its zoned three acres right now that was my understanding….
COUNCILMAN BOOR-I thought you said it was one acre zoning.
MR. RAWSON-It is the mountain goes up it changes as the slope progresses.
COUNCILMAN BOOR-There is not enough detail…
MR. RAWSON-I don’t have any maps.
COUNCILMAN BOOR-We don’t either.
COUNCILMAN BREWER-I’ve got maps right here.
MR. RAWSON-I mean this isn’t my proposal it is the Towns proposal. I just want to
make sure that I didn’t just buy a broken down truck.
COUNCILMAN BREWER-I think first of all you should have to understand what we are
doing here tonight is the Comprehensive Land Use Plan this is not zoning.
COUNCILMAN BOOR-This is not zoning no zoning is being discussed tonight.
COUNCILMAN BREWER-This is a guideline for us to follow when we do zoning. This
is not the final say right now for the zoning maps or any zoning area in the Town we
haven’t even started working on that hardly yet.
COUNCILMAN BOOR-This has nothing to do with zoning it is the Comprehensive
Land Use Plan.
MR. RAWSON-So, I don’t have to worry about it.
COUNCILMAN BOOR-I’m not saying that but we haven’t as a board adopted a
Comprehensive Land Use Plan let alone looked at the zoning, which comes after
adoption of the Comprehensive Land Use Plan the zoning is a non-issue at this point.
SUPERVISOR STEC-We won’t be adopting anything tonight we are looking to take
some feedback.
COUNCILMAN BOOR-We are not going to be looking at zoning tonight.
COUNCILMAN BREWER-What I recommend for your own benefit as much as ours…
SUPERVISOR STEC-You meet with staff.
COUNCILMAN BREWER-You meet with staff or you can meet with John or any of us
for that matter and we can explain to you how the process has gone, and how it works,
and how it is going to work I don’t think anyone of us would have a problem doing that.
MR. RAWSON-All right.
COUNCILMAN BREWER-Feel free to call any of us, but I am not saying you can’t talk
now.
MR. RAWSON-No offense, but I walked down into my barbershop and there are two
maps there is one the way it is now and the one that is proposed. In the park where my
property is in the park, it is going to go to forty-two. I have sixty acre parcel and forty
acre parcel so the forty acre parcel in a sense not that I would ever think about in the near
future building on it, but you are telling me that forty acre parcel….
COUNCILMAN BOOR-We are not telling you anything.
Regular Town Board Meeting 03-05-2007 MTG#8 225
MR. RAWSON-I understand that.
COUNCILMAN BOOR-But, it doesn’t sound like it we haven’t even looked at zoning
yet.
MR. RAWSON-Right, now I understand that. I just want to make sure that I didn’t miss
the boat to voice my opinion. Well, you know you should have been there we had three
meetings.
COUNCILMAN BOOR-There have been meetings for two years that have been
advertised.
COUNCILMAN SANFORD-A couple of other things you have to consider any time you
look at what you might be able to do with a parcel of land you have to look at things in
terms of density that’s what your concern is.
MR. RAWSON-Right.
COUNCILMAN SANFORD-You have to look in terms of how steep the slopes are.
Whether there are wetlands, whether or not you have other agencies that will put
restrictions into place such as the Adirondack Park Agency in terms of minimum lot size.
It really is almost an individual exercise, but as this board has discussed what we are
trying to do here is the broad pictures in terms of the Comprehensive Land Use Plan then
that will get reduced down into the specific zoning. At that particular point in time,
that’s when you have the impact that may or may not negatively impact at least your
vision of what you want to do with your property. At this particular point in time you are
a little bit ahead of yourself.
MR. RAWSON-Okay.
COUNCILMAN SANFORD-Having said that I mean, you know there is concern that on
the mountain that there be an inclination to go to some less density simple because of the
slopes and the issues that we have in terms that have been identified in the
Comprehensive Land Use Plan if you get a draft of that you could read that.
MR. RAWSON-Right.
COUNCILMAN SANFORD-Right now, I think you are getting a little bit ahead.
Although, I like the idea of the barbershop maybe we should have a meeting there.
MR. RAWSON-That’s where you hear a lot of stuff in the barbershop.
COUNCILMAN BOOR-Absolutely just don’t bet your life on it that’s all.
MR. RAWSON-All right, thank you for your time.
COUNCILMAN BOOR-Thank you.
COUNCILMAN BREWER-Please do though give anyone of us a call we would be
happy to sit down with you and talk to you about it.
MR. RAWSON-I will so that way we are on the same sheet of music and also you know
where I am coming from. I’ve got this property and I am not saying I want to go and put
a house on it every acre. I just want to make sure that my future isn’t hindered by what is
going to go on with the board without me even knowing I just don’t want to be
blindsided.
COUNCILMAN BOOR-That’s understandable.
COUNCILMAN SANFORD-Understand.
Regular Town Board Meeting 03-05-2007 MTG#8 226
MR. RAWSON-I am not saying that I am, but I just wanted to voice my opinion. All
right, thank you.
COUNCILMAN BOOR-Totally understandable.
SUPERVISOR STEC-Thank you.
MIKE WILD, 22 YEAR RESIDENT OF TOWN OF QUEENSBURY-I worked as a
Management Consultant. I also own some land in Queensbury that I have subdivided and
developing now so I know a little bit about that process. I am a member of the Local
Builders Association, I am also on the board of the Planning Ordinance Review
Committee that you gentlemen appointed me to. I have a few thoughts about the plan
specifically related to the last gentlemen that came in, in terms of the awareness in the
community, but first I would like to speak about density I have spoken in front of the
board about this a number of times. There is a lot of confusion and uncertainly as far as
the plan states in terms of density. The statements that I heard made earlier tonight about
there is no zoning defined in the Master Plan I believe there is. In the moderate density,
there are statements in there that says that you can allow one unit for every two acres that
is for the moderate density. In addition to that, there is also statements stating the fact
that you need to preserve at least fifty percent of your land for open space.
COUNCILMAN BOOR-In all zones.
MR. WILD-In the rural density it is two thirds to the land that needs to be conveyed for
open space.
COUNCILMAN BOOR-In all the designated zoning there is that provision.
MR. WILD-In two zones the moderate and the rural density zones if I am not mistaken. I
am not sure about the higher density zone whether there needs to be open space conveyed
or not. There is a lot of confusion in terms of the community. I know whom I have
spoken with in terms of what really is happening with the plan. Are we going to lose
density? Are we going to gain density? I have spoken with individual members of the
board and I heard that you don’t believe that there is going to be any impact to the
density. Well, recently I asked the town staff to take advantage of some computerized
information that we have it is called a GIS (Geographic Information System). It has the
ability to analysis our property and to determine whether a specific parcel on a town-wide
basis can be developed and to what density based on existing zoning and the proposed
zoning based on the plan. This request was made to staff the request was denied. The
denial was based on some legal basis from what I understand that made the information
foilable. From my understanding, what foil able means is it is the Freedom of
Information Act, it means it is available to the public.
COUNCILMAN BOOR-What specifically did you ask for?
MR. WILD-I asked for an analysis of density based on what the new Master Plan was
going to do to the community.
COUNCILMAN BOOR-When you say what it would do to the community you are just
talking about the changes that would take place. In other words one acre to two, three to
one.
MR. WILD-And actually look at the individual properties.
COUNCILMAN BOOR-I mean not an economic.
MR. WILD-Not economic.
COUNCILMAN BOOR-Okay.
MR. WILD-The Town did this study it is called the Population Projection and Build Out
Study.
Regular Town Board Meeting 03-05-2007 MTG#8 227
COUNCILMAN BOOR-Build Out.
SUPERVISOR STEC-Right.
MR. WILD-The Chazen Companies actually used GIS data to determine how many…
COUNCILMAN BREWER-That is the study we did with the school.
MR. WILD-How many buildable units that were available within the Town. So, what
they did they took the existing zoning at the time and looked at every single property.
Whether it was developed, undeveloped, what the constraints were on that property. They
could determine whether or not an individual parcel could be sold potentially to a
developer to put one more house on, five houses, or twenty houses that data is there.
COUNCILMAN BOOR-Right.
MR. WILD-It could be done for the new Master Plan, also. I am on the committee that
is rewriting the zoning and we have gone through significant work to redefine what that
new zoning is. Actually getting into the details and writing the zoning for those specific
areas Mr. Strough sits next to me on that committee many times. There is a lot of
uncertainly we have the ability as a board to make a decision and as a committee to make
a decision based on data. Right now, the way the plan is and the way the committee has
set the move forward we are making decisions based on assumption. In business, you
have to make sometimes, decision based on unclear data. If you have data, you get that
data you make a clear decision. There are so many residents in this community that look
at those maps and say what does it mean to me and they don’t know. You have the
ability with the computers and the information that’s in the Town to be able to produce
that data for the residents so they can understand whether or not they want to support this
plan or say no, the impact is too much.
COUNCILMAN BOOR-Mike one of the difficulties, I can understand why you want to
do this, but as Ted was talking to earlier, every property is different. I have to believe in
his instance is probably going to have some of his property that has slopes over fifty and
twenty percent. You can certainly try to educate the public, but a lot of times, they are
not interested in being educated until they are ready to do a project, as you probably are
aware. We can do an awful lot and I’m not sure if the public at large gains a lot from
that. It is typically, only when they are going to do something that’s when they get
involved and that’s when they show up at the Planning Department saying, hey here’s
what I would like to do. That is almost unfortunately when the education process starts
in earnest. I don’t know if we can light a fire under people or run an ad in the paper and
say you need to be interested in this it is difficult to do.
SUPERVISOR STEC-We’ve done that.
MR. WILD-I agree.
COUNCILMAN SANFORD-How long has this process been going on and you have
been there since the beginning.
MR. WILD-I have been. How many people actually have been part of that process it has
been very very few.
COUNCILMAN SANFORD-But, how long has it been going on. That is not a rhetorical
question….
COUNCILMAN BOOR-I think its two and a half years.
COUNCILMAN SANFORD-Two and a half years. One comment about a more
objective nature. I think what you are talking about is trying to quantify a lot of this. On
a more objective nature, I think that it is a judgmental call. I think that basically if you
take the Comprehensive Land Use Plan as a body of work it is calling for some lower
densities. That basically comes right down to it a political decision or judgment based
Regular Town Board Meeting 03-05-2007 MTG#8 228
upon the input over this last two and a half years in terms of trying to sort through filter
out what the people are telling us about things such as traffic, aesthetics, crowding in the
school, the cost associated with infrastructure. On the other hand, what some groups
such as your groups are saying about individual property owner’s rights to develop and
make a profit in their construction trade. There is no right or wrong answer to this and it
is subjective. I think that after two and a half years it has kind of boiled down to the
product that we have in hand and then take it to the next step within the zoning. To try
to do and analysis, which at the end of the day has an equality of density pre-new
Comprehensive Land Use Plan equals density after that I don’t even think that’s the
outcome that anybody looking for. I am not so sure it is a prudent exercise to go through
when in fact the bottom line is people in this Town in balance and unbalance are looking
for some lower densities. It may not suit everybody some people may be very upset
about it, but that is probably what’s going to happen.
MR. WILD-That’s my point the people that are going to be upset about it are not going to
find out until long after the fact. It is important that they should have a chance to have
their say.
COUNCILMAN BOOR-But, they have had two and a half years Mike.
COUNCILMAN SANFORD-They have had two and a half years.
MR. WILD-I understand. You also have the ability how much density reduction do you
want, how much is enough do you know?
COUNCILMAN BOOR-The Comprehensive Land Use Plan I think it gives a vision.
MR. WILD-What is it resulting in?
COUNCILMAN BOOR-It gives the vision of what people want to see when they open
their door in the morning they get in their car and they drive to wherever they are
working. They have a vision of what they would like and when they get out of work. I
need to go shopping where can I go to go shopping is it convenient can I do it in a timely
fashion. Do I have to schedule my day around when the traffic is I mean those are all
comments…
MR. WILD-I understand that. I understand you have some very difficult decisions to
make because you need to do this for the whole community.
COUNCILMAN BOOR-I hear you…
MR. WILD-At the same time what we have is a base of misrepresentation here because
you may very well have the people that own their half acres lots their one acres lots
saying, I don’t want anymore development. What you do is you take the people that have
the larger tracks that may want to preserve this land for their family in the future to give it
as an investment because they bought it as an investment to sacrifice their investment for
the betterment of the whole without any compensation.
COUNCILMAN BOOR-I don’t know if that is true. How do you say no compensation?
MR. WILD-You are reducing your density. It is a simple matter of mathematics it is
supply and demand.
COUNCILMAN BOOR-It actually isn’t. I lived in California and I want to tell you how
that works. You wouldn’t believe the premium you pay for a large parcel. I can give you
instances where if you have ten acres and if I said you can subdivide it into ten your first
thought is I can make more money if I can subdivide that into ten. I can show you
examples where I can say you can put two on it and they would make more money
putting two on it than ten because there is a market for those types of estate homes. The
notion that it is pure dollars that this comes down to is not necessarily the case. There are
people willing to pay a tremendous amount of money for larger tracks of land and
privacy. Whether or not that is philosophically in line with what you like is another
Regular Town Board Meeting 03-05-2007 MTG#8 229
question, but to say that because something can have more houses on it will derive
greater value and profit should somebody sell it I would take exception to that.
MR. WILD-I understand your point.
COUNCILMAN BOOR-I was a builder, we built homes that were on twenty acres, and
they would go for thirty five million dollars you know.
MR. WILD-I understand your point, but you are also talking about the community as a
whole. When you do something like that, you make any new resident coming into Town
almost like you are looking for the elite.
COUNCILMAN BOOR-No.
MR. WILD-You don’t want any affordable housing.
COUNCILMAN BOOR-That’s your statement.
MR. WILD-No, I’m sorry.
COUNCILMAN BOOR-That’s your statement not our statement.
MR. WILD-I’m sorry. If you are saying, you can make more money the landowners
aren’t going to lose value because they are going to gain by selling much more expensive
houses than the only people that can come into Town are those that can afford it. So they
have to spend five hundred thousand or a million dollars for….
COUNCILMAN BOOR-Who pays for the school taxes Mike. If you want to put high
density in and you want to bring a lot of people into the area who is paying those taxes.
MR. WILD-Don’t misrepresent what I am trying to say. I am not trying to say that I am
looking for higher density. What I am looking for is the fairness of conveying
information to the people of the Town to say that there is a certain number of landowners
that are going to be losing their rights to do what they want with their property to satisfy
others in the Town who do not own that property.
COUNCILMAN BOOR-Mike why aren’t these people involved in the process if they are
that passionate. If they have the passion that you have and they have the feelings that you
have why aren’t they at that microphone making that case they have had two and a half
years to do it. There are some and I can understand what you are saying, but I don’t see a
lot of people making that case.
COUNCILMAN SANFORD-What we could have done instead of having a two and a
half process unilaterally this board could have had a number of workshops and determine
the vision that we thought made sense for the Town. Instead what we did is we hired
consultants set up a PORC Committee had countless outreach meetings so that people
could come to those sessions hear ideas weigh in on what they liked, what they didn’t
like, so that there was consensus building. I’ll tell you a lot of people were inpatient with
the process it dragged on, and on, and on, and on. Now, at this particular point in time to
hear that perhaps or to suggest that there hasn’t been due diligence is just not right. This
process in my opinion is well overdue for closure. I believe that the opportunity has been
afforded numerous times to everybody to weigh in on it and I have to say that this is
really, what democracy is all about. You let the people weigh in you incorporate their
lots you put together a program even this public hearing process is dragging on, and on,
and on, and on. To think that this go on for another six months I can’t even go there I
think this thing is ready to be concluded. I think we have heard from every source
possible I think you have a product that you can be proud of and yet it is not going to be
equality that’s why we didn’t go into this process to keep it status quo. We went into this
process to try to ascertain what the people really thought needed to be done to improve
the community and basically, density was an issue traffic was an issue, school taxes was
an issue.
Regular Town Board Meeting 03-05-2007 MTG#8 230
MR. WILD-Those are all mother pie issues.
COUNCILMAN SANFORD-Development, wetlands, and floodplains were an issue.
The bottom line is we are hoping to correct some of the problems that have taken place
over the last twenty to thirty years of development in this community. As a builder or as
a developer you are going to take issue with some of those. For the other people the
people who live in this Town they are going to applaud it that is the compromise of
democracy.
MR. WILD-I understand there must be compromise and I believe we are saying the same
thing. We wish there was much more public input because I have gone out into the
community, talked, and spoken with many people concerning these issues. I have heard
many many people totally frustrated with not being aware of what’s going on with the
process I understand that is not an easy thing for this board to be able to accomplish.
COUNCILMAN BOOR-You are not blaming us for that are you?
MR. WILD-No.
COUNCILMAN BOOR-Okay.
MR. WILD-Please don’t take that as my point that is not it. I am frustrated as well as
you are that there is not much more public input to this. Eventually things do have to
close, but I need to go back to my point. You guys are making decisions based on land
use in the Master Plan you can’t say you did not touch density because you definitely are;
there is zoning in the Master Plan. The new zoning regulations are being written with
respect to what is defined in the Master Plan. You have the ability to identify landowners
that are going to be severely impacted by this and to be able to have an opportunity to get
their input inside of surprising them when they come down the road two, three, five, ten,
twenty years down the line.
COUNCILMAN BOOR-Every ten years we do one of these we try, too.
COUNCILMAN BREWER-If we were to take a list of those people that own say a
minimum of twenty five acres and send them all a letter how long do we wait for them to
come in and make comment?
MR. WILD-I don’t know give them three or four weeks give them a chance. Get the
letter out at least notify people that there is going to be a change. That is the fair thing to
do it is democracy you get input from the people. You are not getting input from the
people that are being impacted by this because they don’t know.
COUNCILMAN BREWER-These people you speak of that you talk to about this why
aren’t they here.
MR. WILD-There are some.
COUNCILMAN BREWER-There are some okay.
COUNCILMAN BOOR-Well I hope they get up and speak because to be silent is a curse
upon yourself.
MR. WILD-I agree.
COUNCILMAN SANFORD-This Town has done everything short of begging for
community participation. I actually think we have done that we have actually begged
people to go to these meetings.
MR. WILD-I know I agree. I have been there and I have sat for hours before I have had
an opportunity to make my comment. I have had issues with the mechanics of the
meetings, but at the same time, I truly believe that from a fairness standpoint the board
has the ability to identify the landowners that are going to be affected. I am not sure how
Regular Town Board Meeting 03-05-2007 MTG#8 231
many man-hours it would take to do that it has been done before with the current build
out study. I think you have an obligation at least from a fairness standpoint to notify
those individuals and move forward.
SUPERVISOR STEC-Mike let me interrupt for just a second, add to some of what the
board has said, and then ask a question that I believe I know the answer to of staff. The
public hearing on this has been going on for at least five months. We televise two
meetings a month so that is ten televised meetings. We have not advertised it on part of
the agenda all ten of those, but I will venture to guess half of those ten and numerous
time it is on television. We are the only community in the area that televising its
meeting, Glens Falls just started as well we are on television lord knows the newspaper
cover us. The question I was going ask Stu is earlier on in this process Stu one…of the
stretch that we had heading into all this it may not have been recently, but certainly, we
invited larger landowners; we identified them and invited them.
COUNCILMAN BOOR-Yeah, because Mike Brandt was there.
SUPERVISOR STEC-Right. I remember that a letter went out I don’t know what criteria
we used to identified them.
COUNCILMAN BOOR-Marilyn might have done it Marilyn did it?
SUPERVISOR STEC-Certainly at least back then.
STU BAKER, SENIOR PLANNER-I don’t know that we did one specifically
landowners, but we certainly we did one to developers or those that we knew had
developing interest.
COUNCILMAN STROUGH-We did do a charette for large landowners for the open
space.
SUPERVISOR STEC-Yeah and I thought that was at the high school maybe.
SENIOR PLANNER, MR. BAKER-It was the Open Space Vision Plan then.
SUPERVISOR STEC-It was more recently than that. I will be the fifth person to say that
literally we have begged people to come.
COUNCILMAN BOOR-We are begging right now.
MR. WILD-Thank you myself, also.
SUPERVISOR STEC-We are not acting on this tonight. I don’t want to an open ended
commitment here because the board believe it or not has other business to attend to in the
Town. We have been working on this for two years it is important it is important to the
community. We do need to balance the rights of those that are already here with those
that haven’t built yet, but are paying taxes on their property. I think we are all sensitive
to that to a varying degrees. We’ve asked for people to come not just at these meetings,
but at the PORC Meetings we advertise those they are reported as well in the newspaper I
don’t know what else we could of done to get people to come. Frankly, I interpret that,
as people are satisfied with the status quo in land use. Sure, if you knock on doors and
say would you like less density are you for trees or asphalt you are going to get people to
say I’m for trees and that’s fine. I take the lack of participation as a general overall
satisfaction with both the status quo and what we have been proposing. Maybe not
everyone knows about it, it has been going on for two years. I don’t know what more the
Town Board or staff could of done to let people know that we are doing a comp plan.
MR. WILD-I understand and I thank you for the opportunity to voice my concerns again.
I would really like you to consider my request to notify those landowners that are going
to be affected.
COUNCILMAN STROUGH-Mike my question would be when?
Regular Town Board Meeting 03-05-2007 MTG#8 232
MR. WILD-Tomorrow.
COUNCILMAN BOOR-We haven’t got the zoning.
COUNCILMAN STROUGH-Mike we just went through a very long and lengthily
meetings you, I, and the others about zoning changes. We talked about zoning changes
on Route 9, Quaker Road, Route 149, so the map is not set yet. I have been part of the
process the whole way every single meeting or just about. Some of the zoning we have
come up with I don’t remember hearing at any public hearings. I don’t hear any of the
public state that they thought mix use was good along Bay Road, I didn’t hear that once
from the public. I didn’t hear it once from the public that they wanted to see residential
along Route 9 in the commercial section not one member of the public. However, we
ended up with some zoning types that seem to be the creation of possibly Saratoga
Associates. We tried to convey to Saratoga Associates that we do not think that what you
are proposing is reflective of our community vision and it is not reflective of the
community hearings, it is not reflective of the community input we don’t know where
they came up. Let me to close by saying generally you and I agreed on most things.
MR. WILD-I agree John it is scary sometimes.
COUNCILMAN STROUGH-But, we do. I think there is common ground and a common
sense way of going, but right now, we don’t even have the zoning.
MR. WILD-You brought up a point that I forgot to mention and I am going to say this
very briefly. There is some zoning in there that allows residential above commercial or
retail in some zones of the Town. If we talk about density, I would prefer myself
personally to see more single-family homes than I would see apartments.
COUNCILMAN BREWER-You are talking about Main Street apartments.
MR. WILD-Main Street, commercial corridors. It was mentioned in the plan and as Mr.
Strough mentioned we had some significant discussions about why that needs to be in
there in areas such as Quaker Road. It is even a possibility that it could be intrepreted to
allow that, which we need to discuss some more.
COUNCILMAN BREWER-I got to tell you nothing is going to be perfect.
MR. WILD-I understand.
COUNCILMAN BREWER-There is going to be changes made. I guess there has to
come a point when you say enough is enough.
MR. WILD-The winners win and the losers lose.
COUNCILMAN BREWER-Well, I mean like everybody here has said it has been two
years where are all these people.
COUNCILMAN BOOR-We could do this forever.
MR. WILD-I’m sure you could.
COUNCILMAN BREWER-Do you have a short list.
MR. WILD-My point again today is to try to build more awareness and say get involved
find out. If you own land, it behooves you to pay attention and speak to staff or identify
what might happen to your interest with this plan. Thank you very much gentlemen.
SUPERVISOR STEC-Thanks Mike.
JOHN SALVADOR-With regard to this public hearing about a year and a half ago I
submitted an application to the planning staff for a zoning change. That application has
Regular Town Board Meeting 03-05-2007 MTG#8 233
been relegated to the dustbin of the PORC Committee. There has been no discussion on
it I have raised the issue a couple of times. How much longer are we going to have to
wait my particular situation is this? I own two parcels of land one of them is zoned
waterfront residential the other is zoned three acre rural residential. The three-acre rural
residential is tied by use through a subdivision approval to the activities that go on in the
waterfront zone that are allowed to go on in the waterfront zone. The three-acre rural
residential land has a thousand feet of waterfront technically speaking so it seems logical
to me to have that zoned also waterfront. We are faced with the fact that rural residential
use on that land is virtually impossible. It can’t meet setbacks it can’t meet the
wastewater requirements so it is useless it is useless land as three acre rural residential.
We have been waiting a year and a half and nothing is happening now it looks like we are
going to wait even longer I don’t think its fair I think it is uncalled for. I believe there are
about five or six other applications.
SUPERVISOR STEC-There is about five or six.
COUNCILMAN BOOR-There are four that I am aware of. We have Top of the World.
We have one on Bay Road down here that actually wants to go to professional office,
which Bay Road that is what the Master Plan that’s what the plan says. I feel bad
because along with those and I don’t remember what the other one is, yours is one of
them. We essentially said we are not going to do any rezoning until this is zoned so to
counter perhaps the argument that we should continue to take a lengthily public comment
hurts individuals such as yourself who have been waiting certainly longer than you
should have to for your hearing to go on. There is a downside to spending too much time
on this exercise and you are a perfect case to that there are two sides to every coin. That
is why I would prefer to continue moving expediously.
COUNCILMAN SANFORD-We want to wrap this up John. I don’t why you are saying
we are going to be procrastinating. If it is based on the last conversation, we had with the
prior gentleman that’s not how I am reading it. I am reading that I want to wrap this up
as soon as possible and move into the zoning, okay.
MR. SALVADOR-It doesn’t look like there will be anything done with regard to a
request for rezoning until the zoning plan is completed.
COUNCILMAN BOOR-I don’t think that is going to take that long.
COUNCILMAN SANFORD-In terms of the Comprehensive Land Use Plan.
COUNCILMAN BOOR-We are not rewriting every zone, I hope.
MR. SALVADOR-You’re not.
COUNCILMAN BOOR-I hope not.
MR. SALVADOR-You want to take a look at the production.
COUNCILMAN BOOR-Not until it is ready to looked at. I have looked at ten copies of
the CLUP.
MR. SALVADOR-I have just one other point with regard to the Comprehensive Land
Use Plan.
SUPERVISOR STEC-Yes, sir.
MR. SALVADOR-I would hope when it is finally presented for public comment that you
have a Draft Environmental Impact Statement to be reviewed and commented on by the
public that is required by law. Not that you have just a public hearing on the plan close
the public hearing then do your SEQRA review. I think we should see the Draft
Environmental Impact Statement.
Regular Town Board Meeting 03-05-2007 MTG#8 234
SUPERVISOR STEC-Thank you, John. Anybody else on this public hearing this
evening.
PETER WEIDMAN- I am a resident of the Town of Queensbury I have been for many
years. I have been here from what you may say was the beginning of the housing boom
in the Town of Queensbury twenty-five years ago. I am a builder I rely on the
healthiness of the building industry to provide me with my livelihood. As well as myself,
many people that I employ also rely on the healthiness and the continued construction
industry around the entire area here not exclusively in Queensbury, but Queensbury over
the last twenty years has been the place to be so to speak as a result our population has
grown. I personally don’t see where that has been a determent to the community. We
have actually come a long ways because of the growth we have been able to do things
that perhaps would not have been able to be done if we didn’t have the growth we do.
We have an excellent school system. We have a school system that some people
complain about the cost of. If you look at the cost of our school system here in relation to
the cost of the schools around us you will find that Queensbury is a bargain with the
exception of Lake George that has a….
COUNCILMAN BOOR-A better bargain.
MR. WEIDMAN-A better bargain. If you compare our school system and the cost of our
school system to the taxpayers on an average basis, you will find that our taxes in
Queensbury are very low. The reason they have maintained that level is because of the
continued growth. Some of the other areas around our community that have not had the
growth that we have had have seen their cost of school systems increased faster than their
tax base. So consequently, what happens the taxpayers have to pick up the larger portion
of the load year after year. If you look at some of the other communities around us, they
have had tax increases over the last five years that would knock your socks off. To a
point where the residents a lot of them may have to move out of the community sell their
homes and move out because they cannot afford the taxes we don’t see that in
Queensbury. Again, because we have a good tax base and we have a continue growth I
would like to obviously see that continue. We may not be able to see it continue at the
rate it has, but we would like to see it continue. Our concern is and my concern is not
just for myself I am also President of the Builders and Remodelers Association of
Northern New York. We are a local building trades association we have approximately a
hundred members some builders, some wholesalers, and some retailers. We all rely on
the building industry to make our living and provide our livelihood. Without a healthy
building industry, a lot of people who rely on that industry are going to be without jobs.
If we start to get into a situation where the quantity of building diminishes, it will
definitely diminish with the proposed options that are being presented. We feel that it is
going to create a hardship on our members and our members are very concerned of that
situation. The other concern that I personally have is Mr. Rawson himself who was here
speaking earlier who just found out about the process at the barbershop. I don’t agree
that there has been any quantity of public knowledge out there or public information out
there to let the people know to the degree that this proposal could affect their land and
ownership land. I have a problem with people who live on half-acre lots or one-acre lots
dictating to other people who have owned and maintained larger parcels of property that
they feel that you should not have a right to the same privileges that they do when they
bought their half acre lot. I further have a concern with we are forcing the cost of land to
go. The cost of land in Queensbury at its currently level of one acre zoning is getting to
the point where it is very difficult for the average working person to be able to afford a
piece of land to build a house on. When you start looking at seventy five to a hundred
thousand dollars for a building lot and then put a decent house onto it, you are looking at
a substantial figure you are looking at three to four hundred thousand dollars on an
average house in the Town of Queensbury on a one-acre lot. How far can we push the
price of land and still have the average person who lives and works in Queensbury be
able to afford to live here? That’s the concerns that I have and that our builders
association has. We hope that you will review your plan you will review the proposed
changes and take into consideration the economic effects on the people who live and
work here and also the people have land that may want to be able in the future use that
land to provide them with income for their family or for their retirement. Thank you very
much.
Regular Town Board Meeting 03-05-2007 MTG#8 235
SUPERVISOR STEC-Thank you Peter. Is there anyone else that would like to comment
on this public hearing?
BILL HERLIHY-9 Reardon Road, Queensbury. Listening to all of these different
comments, do you know off hand what the means average cost of a house is in
Queensbury?
SUPERVISOR STEC-The median assessed value in the Town of Queensbury is about a
hundred and fifty five thousand that is the median assessed value for residential property.
MR. HERLIHY-That is right at the current market.
SUPERVISOR STEC-I don’t know if new houses are going for that.
COUNCILMAN STROUGH-The market value is higher it is around two hundred and
thirty.
COUNCILMAN BOOR-Two thirty two forty.
COUNCILMAN STROUGH-As a matter of fact some of the little one an a quarter and
one an a half acres lots around Heinrick Circle there is one going for two forty. So the
size of the lot…
SUPERVISOR STEC-Are you moving next door.
COUNCILMAN STROUGH-Not for those prices. The size of the lot and the price of
the house there is not a strong relationship the market is what is driving it and the market
is driving the home values of Queensbury because it is a desirable place to live out of the
price range of the average Joe, I would guess.
COUNCILMAN BOOR-Like the gentlemen before you said they look at schools
somebody who is coming in from outside the area the look at the quality of the school
system, they look at the shopping, Queensbury has a lot to offer and some people prefer
because of maintenance issue smaller parcels.
MR. HERLIHY-That’s true, but I am just looking at the overall picture. If the plan is to
increase the size of building lots, you are increasing the cost and the cost of a home.
COUNCILMAN BOOR-That’s been touched on and I don’t know if any board members
would agree. I don’t think anybody is trying to make lots bigger or smaller that’s never
been anything I don’t think any of us have ever talked about. When you hear the
speakers you would get the impression that we are taking high density areas and turning
them into large parcels I haven’t seen that and I haven’t heard that.
MR. HERLIHY-You wouldn’t know that until the zoning actually gets approved, which
hasn’t been done yet. Wouldn’t it be a good idea I was listening to Mike Wild speak
earlier and wouldn’t it be at a point when that does become a point of issue to notify the
people that would be affected by that through mail send them a letter.
COUNCILMAN BOOR-Just playing devils advocate would you notify people if it was
the other way. I mean if you are going to notify you should notify everybody what one
person sees as a benefit another one sees as a determent some people don’t like large
parcels.
MR. HERLIHY-Maybe they should send a notice once the zoning is done to everyone.
COUNCILMAN SANFORD-Really the plan has to be looked at in its entirety. That’s
the problem I have when a person makes a generalization and expects it to be actually
relevant to anything. The bottom line is if you look at the Town, there are areas that were
earmarked and make sense to be high density. There are some of your older areas south
of Quaker Road for instance and some of the areas close to Quaker Road they are higher
Regular Town Board Meeting 03-05-2007 MTG#8 236
density. As you move further towards North Queensbury, it just makes sense to have
more of a rural character associated with it the same way when you are closer to
downtown Glens Falls it makes sense to have more of a metropolitan or urban flavor to it.
When you go out more towards West Mountain you are dealing with the aesthetics, and
you are dealing with the slopes, and dealing with that kind of a geography…
MR. HERLIHY-I am not disagreeing with what you are saying.
COUNCILMAN SANFORD-What I am trying to say is really I think what the idea of a
Comprehensive Land Use Plan is to look at it in exactly that way in a comprehensive
manner and do some real planning and think it through that is what has been done for two
an a half years. Then at this particular point in time to come in with general statements
that you know that there is a conspiracy to have very low density is a misnomer. In some
areas, they are encouraging higher density and multi-family houses and things of this
nature, which would work better for people in difference circumstances in their cycle. It
is really not as simplistic as it has been presented here either pro or con development or
builders. It really is a comprehensive process and I think that’s why it took two and a
half years for it to evolve. It is a simple as that and if you have a copy of it or if you
haven’t got a copy of it I suggest you contact the Town and read it.
MR. HERLIHY-I looked at some of the information that has been put out since this
process has started. It wasn’t that, but it was just listening to the fact that you really
can’t make a total decision until the zoning actually comes into play, which isn’t really
going to come into play until a later date.
COUNCILMAN BOOR-Not real late it should be relatively soon.
COUNCILMAN SANFORD-It is the template for the zoning the Comprehensive Land
Use Plan picture it this way it is a blueprint upon which you build your zoning going
back to the example I used. If you do a series, of circles and the further north you go for
instance, the more rural the character becomes then that becomes basically the concept or
the philosophy for how many acres is required for density and things of that nature.
Generally speaking, you are going to have the more rural character out that way. If you
get over Quaker Road and head into that point where it becomes Glens Falls it is going to
look more like Glens Falls it is going to have higher density. The issues of sidewalks,
sidewalks are to be encouraged in those citified areas, but in the rural area, we are not
going to necessarily want to emphasize the need for sidewalks they are costly, high
maintenance, and not necessarily desirable amenity. It really is something that is much
more complicated than the arguments that have been presented by some of the speakers
here, which has been lopsided it has to be incorporated in whole vision of what the plan
is.
MR. HERLIHY-I agree with you. I believe Mike had mentioned the fact to use some
data that is available to maybe accomplish some of what you just said. I don’t know that
it wouldn’t be a bad idea to try to have some input based on your final decision-making.
I just wanted to bring those points up.
COUNCILMAN BOOR-They are good points.
SUPERVISOR STEC-Is there anyone else that would like to comment on this public
hearing before I close it.
PETER BROTHERS-Much of my concern really has to do with the area up by the lake I
have mentioned it before. I just am very concern that there just doesn’t seem to be level
playing field. I think something is wrong when people are thrown to the wolfs for putting
in a four by four gazebo. Where another person say two huge houses going up on
Cleverdale Road across from Mason Road these places are almost full-scale build outs as
mentioned before where you have to wonder is there any room is the septic system or
other facilities for the parcel there. I am really concerned about that because I do feel that
it is certainly having an impact on the lake. I mentioned also with regard to development
in the Town I certainly would like to see more commercial industrial development maybe
professional offices perhaps bring in manufacturers there is light industrial whatever the
Regular Town Board Meeting 03-05-2007 MTG#8 237
case may be I would like to see more emphasis of that. Certainly, I would hope that there
would be some discussion about the lake because I do feel that there is a double standard
really at this point I am very concerned.
SUPERVISOR STEC-Thank you. Anyone else that would like to comment on this
public hearing.
EDWARD CARR, CARR LANE, QUEENSBURY-I said it before along with this plan I
really think you should coordinate with the assessment department. If Ted back there is
going to give to anywhere’s from thirty to sixty percent of his property as open space for
people that live on the half acre lots down the road to enjoy as they drive by I don’t think
Ted should pay the ticket the way it is right now he is paying it.
COUNCILMAN BOOR-Actually Ed it raises an interesting point and it is a little bit of a
misnomer, until something is, subdivided land is not assessed very high. It is only once it
is subdivided into unit parcels do you start realizing an increase in taxes. So, until such
time as Ted decides to do this I don’t want to speak out of hand here, but I would get a
sense that he is probably not paying exorbitant taxes on the vacant land if it is one deed or
two deeds, I think it is probably two if I understood him correctly. Undevelopable land
does not usually carry a very high taxation.
MR. CARR-Probably after seeing the process Ted is going to realize that if you are going
to salvage any rights you are probably going to have to do ahead and subdivide. If you
leave it as a large parcel, it will stay a large parcel and you will lose your rights yeah, you
do.
COUNCILMAN BOOR-Okay.
MR. CARR-I have gone from half acre lot by Queensbury zoning up to ten plus acres
now, so it changes. Thank you.
SUPERVISOR STEC-Thanks, Mr. Carr.
ANGELA CUGINI-Local Real Estate Agent with Realty USA. I represent numerous
builders in the area and developers. I have also developed some property in the area not
directly in Queensbury. I wanted to come up here and talk a little bit about the average
price per house that you touched on. The average price per house in Queensbury if I had
to guess and I have sold enough property in Queensbury over the last five years to say
that the average house in Queensbury probably cost about two hundred and forty
thousand dollars no where around a hundred and fifty five thousand.
SUPERVISOR STEC-I said that was the average assessment.
MS. CUGINI-Okay, I mean, I am just pointing that out as well as also what you had
mentioned about property being more valuable if it was on a ten-acre parcel.
Unfortunately, in this area we do not have people that can afford to buy a house on a ten-
acre parcel. If somebody had a parcel that they could only subdivide into three ten acre
parcels verses ten or fifteen two three-acre parcels there isn’t a market for that here. We
do not have thirty million dollar buyers. We don’t have two million dollar buyers in
Queensbury. Lake George has one point five million dollar, two million dollar buyers for
lakefront property. When you start trying to add that cost on top of construction cost and
so forth you are making it unaffordable for either your first time homebuyers to step up to
another level or for people to be able to come into the Town of Queensbury and buy. It
doesn’t matter how good the schools are. It doesn’t matter how great the Town is. If the
people can’t afford to buy the homes. I do know a lot of people that would be affected by
this. I do understand that you are saying certain areas are going to become higher
density. From what I can tell from the map there are certain areas that are become higher
density there is no property left to develop up in those areas so it is really neither here or
there. The bigger parcels of property that are left to develop are the ones that are going to
be affected the most. You are trying to push people to come in here and talk from the
public. For a perfect example Mr. Rawson came up here and talked because he is
unfamiliar with how this plan actually will affect him and you guys kind of curved balled
Regular Town Board Meeting 03-05-2007 MTG#8 238
him and said, well you are way ahead of the game zoning isn’t done. Density and zoning
is determined off of this map is that correct after the final map?
COUNCILMAN BOOR-I don’t even know what map you’ve got there.
COUNCILMAN BREWER-That’s not a final map.
MS. CUGINI-Off the Comprehensive Land Use Plan am I right saying that you are
zoning will kind of….
COUNCILMAN BOOR-This is the final meeting for that. The Town Board we have had
some input where we sent emails or comments to Stu or Blanche with things that we
knew inheritably we wanted to have in there. There is still going to be input after this
gets closed, we haven’t put the input in yet we haven’t touched really any of this stuff. It
has all been PORC it has been at Saratoga Associates it has been the public. The Town
Board has really kind of had…
COUNCILMAN SANFORD-You are correct in your statement that the zoning will
follow the Comprehensive Land Use Plan it is setting the stage for the zoning. Again, this
is philosophical stuff okay what you just talked about is philosophical. There are a lot of
different trade offs. Do we want to see the population of Queensbury increase by another
fifteen thousand people and provide a whole lot of affordable housing and have greater
traffic concerns. So, that to some degree so that the builders can make more money
maybe not maybe we don’t want maybe that’s a political judgment that the people are
making that might not make the builders or the realtors particular happy. These are the
types of decisions that we are faced with not everybody is going to be happy at the end of
the day that’s what politics is about and that’s what this process is about.
MS. CUGINI-But I also think that it is very important that the people that do own those
larger parcels be notified. There has to be a way that you can say exactly how these
certain people are going to affected and you do know. The density is basically
determined you can notify these people so they actually have the knowledge and let them
know exactly what these different things actually mean directly for them.
COUNCILMAN BOOR-This is where it really gets it is very important and this is a little
bit difficult that’s impossible for us to do. We would have to actually go out and
delineate wetlands. We would have to have a surveyor go out and determine slopes on
every one of these large parcels before we could say here is what you can do with this
property. Quite, frankly with Ted’s property out there I have no idea what he could
legally build under the current zoning even if he has forty two acres zoned one acre there
might be ninety five percent of it that is twenty five percent slope. The notion by simply
delineated somebody’s total acreage this board or anybody sitting up here could tell
somebody what they could do what kind of density they could put on there is impossible.
There is a lot of money that goes into surveying and figuring out these types of things so
it really can’t be done.
MS. CUGINI-But people that may be affected maybe notify them so they just know
what’s going on. I think there are a lot of people out there that just don’t know.
COUNCILMAN BOOR-Well we can certainly run a large ad like a really large ad
saying, you should be aware your property is potentially going to be rezoned. Then they
can come in, speak with somebody at staff, and do it that way.
MS. CUGINI-I think that may be a great idea.
COUNCILMAN SANFORD-Stuart has been advertising in the paper very large ads
telling people to come to all kinds of meetings for the last two and a half years do you
happen to know how much you spent on advertising on those.
SENIOR PLANNER, MR. BAKER-Not off hand.
MS. CUGINI-Not as much as I have.
Regular Town Board Meeting 03-05-2007 MTG#8 239
COUNCILMAN SANFORD-It hasn’t been inconsiderate.
SUPERVISOR STEC-Is there anyone else that would like to comment on this public
hearing? I need people to raise their hands here look lively.
MR. HERLIHY-With all the comments made about spending so much money on the
newspaper I think it would have been cheaper to buy a stamp for each individual in
Queensbury to send information out at that point just to notify them.
SUPERVISOR STEC-Bill we used to have a quarterly newsletter and we don’t anymore.
That was exactly the kind of stuff that was in the quarterly newsletter.
COUNCILMAN BREWER-Yeah you are right.
MR. HERLIHY-Being the fact that this is such a big issue I just think that would be it
would be forty cents or whatever the cost of mail is at this point well spent.
COUNCILMAN BREWER-If you had to come up with a minimum I am just throwing
the question out there I wouldn’t be objective to this what size is the minimum parcel of
land you would want us to identify these people and mail them out. Somebody with
twenty-five acres and above?
MR. HERLIHY-I would say it wouldn’t be that expensive to notify everybody in
Queensbury not to leave anybody out just to notify them of the fact of what the intent is
to do with certain size parcels of property regardless of whether they have a one acre or
ten acre or whatever is. That way at least they can’t say that they weren’t notified and I
think that would be very simple to do.
SUPERVISOR STEC-Fair enough. Thank you Mr. Herlihy.
MR. WILD-Thank you gentlemen I will be very brief. Mr. Boor basically I came up
because of your comment. The computer system that is in the Town of Queensbury
already has delineated steep slopes and wetlands so it is basically just calculations.
MR. BOOR-Do you just have to superimpose the property lines over it.
MR. WILD-All they have to do is basically a computer programmer has to go in and
create some routines to query this database and so addition and subtraction it could be
done on each individual parcel within the Town. The basic mechanics of writing that
program could be done once. The computer could go through every single parcel in
Town without any additional labor. The computer would run longer but no additional
labor would be required to identify that. To go through someone who has two acres and
above or thirty acres and above you could easily do it for every parcel.
COUNCILMAN BOOR-I think it can be done I don’t know how easily it would be.
MR. WILD-It is a programming routine. Actually, I could get into the mechanics I spoke
with Mr. Hilton I spoke with the staff. It would not be an insurmountable task it has an
issue with resources utilization and what they should be working on.
COUNCILMAN BOOR-I think North Queensbury would have like to have known that.
MR. WILD-But it can be done I just wanted to set the record straight that the data is there
and it is not something that makes it impossible to do. You can make some assumptions
some realistic assumptions and easily define this for the public. Thank you.
SUPERVISOR STEC-If there anyone else that would like to comment on this public
hearing.
MR. RAWSON-I’ll make it short and sweet.
Regular Town Board Meeting 03-05-2007 MTG#8 240
COUNCILMAN BOOR-You don’t have too.
MR. RAWSON-I did say that last time. I want to apologize I don’t mean to keep you
people up here I didn’t mean to keep you here for two years. Yes, it is my fault I guess
you could say because I didn’t make myself aware of it. It seems to be the general
consensus if we could be more; you can say you put it on TV 8 if I don’t watch TV 8
every night you know then I didn’t. If I don’t read it in the paper if I don’t buy the paper
then know you are saying well then you should read the paper you should be more
informed.
COUNCILMAN BOOR-It is a great point.
MR. RAWSON-My point is that I have the property and that’s why I am here now
because I found out about it. It is my own ignorance that I didn’t know about this two
years or I didn’t worry about it. To say that a person is a hundred pounds overweight and
their doctor tells them for the last five years you have to lose weight and when the guy
has a heart attack and the doc says I am not going to treat you I told you, you know what
I mean you can’t say that. That’s why when people like me are sitting here voicing our
opinion you can’t say well you had two years what were you doing.
COUNCILMAN BOOR-No you are here god bless you for being here you are doing it.
MR. RAWSON-Right.
COUNCILMAN BOOR-I am concerned with the people that will actually watch this and
then three years from now when they want to do their thing they will come in and be
saying the exact same thing that you are saying.
MR. RAWSON-You are right.
COUNCILMAN BOOR-I have got to wonder it is a lame excuse I’ll admit it up front,
but I have to tell you I’m not sure how we could put something in the mail that wouldn’t
be considered junk by fifty percent of the public.
MR. RAWSON-But, at least you could say I tried.
COUNCILMAN BOOR-Sure we can do it we can do that.
MR. RAWSON-I don’t know I don’t know what the answer is. with your California
property.
COUNCILMAN BOOR-It wasn’t my property I wish it was.
MR. RAWSON-That parcel that I am in the process right now eight point six two acres I
have I am in the process right now of subdividing it. I had it for a year on the market
there is a house sitting on eight point six two and nobody bought it, it is still for sale.
COUNCILMAN BOOR-Foolish them.
MR. RAWSON-Number 2, I have to subdivide now. I want to build a house that is my
ultimate goal for my family so step one didn’t work now I have to move on to step two. I
would have sold it and let that one house sit there on that property I didn’t have a
problem in the world. I don’t have the problem, but I got to do what I can do for my
family. Thank you very much.
SUPERVISOR STEC-Any other comment. I will close this public hearing. Like, I said
we won’t take any action on it tonight. Now that we have completed this public hearing
Stu and the board will work towards compiling comments or changes that we would like
to make based on the public comment that we received both from these public hearings
verbally and any written comment that Stu has taken over the last several months. We
will move expediously towards completing this process having another public hearing
Regular Town Board Meeting 03-05-2007 MTG#8 241
stepping through all the legal hoops that we need to in order to ultimately adopt one so
that we don’t hit the three year anniversary.
COUNCILMAN BREWER-Dan.
SUPERVISOR STEC-What.
COUNCILMAN BREWER-I am just going to throw this out this probably I am going to
get the look, but that’s okay I have gotten it before. How hard would it be for us to put a
message on our water bills we send them out to everybody?
COUNCILMAN BOOR-No we don’t that’s the problem.
SUPERVISOR STEC-Not everyone gets a water bill.
COUNCILMAN BOOR-I agree with you, but you know I don’t get a water bill.
COUNCILMAN BREWER-You don’t need to know Roger.
COUNCILMAN BOOR-That’s true.
SUPERVISOR STEC-The suggestion is we can do a better job in outreach we can look
into that.
COUNCILMAN BREWER-We will look at some ways to notify as many people as we
possibly can.
COUNCILMAN SANFORD-www.queensbury.net.
COUNCILMAN BREWER-Yeah, but not everybody looks at the computer everyday
Richard.
PUBLIC HEARING CLOSED
2.0 CORRESPONDENCE
DEPUTY CLERK, O’BRIEN-Supervisor Report for Community Development –
Building and Codes for the month of February on file in Town Clerk’s Office.
3.0 INTRODUCTIONS OF RESOLUTIONS FROM THE FLOOR
NONE
4.0 PRIVILEGE OF THE FLOOR
JOHN SALVADOR-Spoke to the board regarding Crandall Library noting Crandall
Library is a Town matter noting he receives a tax bill in January and the Crandall Library
District was one of the special district on which he pays taxes.
SUPERVISOR STEC-It is not a district that this Town Board controls.
Mr. SALVADOR-It shouldn’t be on the tax bill. Spoke to the board rebutting Mr.
Richard Merrill’s comments of February 25.
PLINEY TUCKER-Spoke to the board regarding Resolution Authorizing Advertisement
of Bids for Water Pipes and Fixtures to be used on the Town of Queensbury’s Connector
Road Water Project, questioned if the road was going to be let out to bid
COUNCILMAN BREWER-Yes.
MR. TUCKER-Including the water and everything else.
Regular Town Board Meeting 03-05-2007 MTG#8 242
WATER SUPERINTENDENT, BRUCE OSTRANDER-Water Department is going to
put the pipe in.
SUPERVISOR STEC-The asphalt road itself will go out to bid.
Mr. TUCKER-Questioned if they have any prices on someone doing the total job?
SUPERVISOR STEC-It has not gone out to bid yet.
MR. TUCKER-You may save money by letting someone do the whole thing. Spoke to
the board regarding the fire contracts six hundred and thirty thousand dollars for
Queensbury Central asked why this much?
SUPERVISOR STEC-Last year they were at five fifty five the difference is the new
aerial ladder truck that they bought the mortgage payment on that, which is about ninety
grand a year.
MR. TUCKER-That’s included in that.
SUPERVISOR STEC-Yes.
MR. TUCKER-West Glens Falls, four hundred and fifty thousand questioned what it was
last year.
SUPERVISOR STEC-Four thirty, plus they came back for a couple of minor things that
we basically did in kind service than a cash of an additional thirteen thousand.
COUNCILMAN BOOR-Noted it was 2006.
SUPERVISOR STEC-You are looking at four forty three to four fifty.
COUNCILMAN BOOR-They went up seven thousand dollars.
MR. TUCKER-Questioned how much the total went up for all the fire companies from
last year?
SUPERVISOR STEC-I don’t have that number in my head. We budgeted three and a
half percent. The requested verses our budget the requested was higher, but I don’t think
it went much higher than our budget probably on the total for fire maybe four, five
percent.
MR. TUCKER-Asked if the board would be in favor of putting a package together for the
Town of Queensbury for Queensbury having their own library?
SUPERVISOR STEC-Correct me if I am wrong I don’t think there is any interest on the
Town Board to build our own library.
COUNCILMAN BOOR-I am speaking for myself no.
MR. TUCKER-Just remember I asked. Asked if Supervisor Stec has, committed noting
Nick has committed.
SUPERVISOR STEC-This isn’t the time to talk politics this is Town business. The
answer to your question is no I haven’t announced or anything.
GEORGE DRELLOS, 27 FOX HOLLOW LANE- Spoke to the board regarding
Resolution Authorizing Engagement of Industrial & Utility Valuation Consultants, Inc. to
Assist Special Counsel in the Defense of Article 78 and Article 7 Assessment Cases
Commenced by Alexy asked what property they are referring to.
SUPERVISOR STEC-There are two cases our current counsel has identified they had a
conflict we hired special counsel a couple weeks ago to handle these two cases. I think
Regular Town Board Meeting 03-05-2007 MTG#8 243
they are both involving Lake George and Glen Lake properties. One of them is a group
of people and one is just a single entity.
MR. DRELLOS-Questioned what an Article 7 is?
COUNCILMAN BOOR-That’s where you challenge your assessment.
MR. DRELLOS-Questioned what is Article 78?
SUPERVISOR STEC-A zoning or planning decision.
MR. DRELLOS-Asked what it is going to cost?
SUPERVISOR STEC-The special counsel and our Assessor in conjunction with the Lake
George School District they said it would be two hundred and fifty dollars an hour ten
hours so twenty five hundred is what the resolution says.
MR. DRELLOS-Questioned if the school is going to pay a percentage?
SUPERVISOR STEC-The school shares a certain percentage of it.
5.0 TOWN BOARD DISCUSSIONS
COUNCILMAN SANFORD-Spoke to the board regarding Mr. Drellos’s concern
regarding Resolution No. 6.8 noting he was concerned with this, too wanting to make
sure the costs were justified. Spoke with Ted Bigelow in the Assessors Office originally
there were sixty-eight parcels put together under the Alexy suite since then some have
dropped out because they sold their property. It is still a very material assessment issue
that can easily justify the commitment of that level of dollars. Spoke to the board
regarding Fire Districts noting he would like to have the public hearing and then see
where to go from there. Thinks the board is willing to let them have their hearing then
decide whether there is interest to move forward at all. We can do it almost concurrent
we could have the public hearing then depending upon the public hearing if necessary we
could go into SEQRA. If there is no interest maybe, we don’t have to go down that road.
Would like to afford these people a prompt opportunity to air their concerns.
COUNCILMAN STROUGH-Spoke to the board regarding Fire Districts noting he has
written an eight-page report that deals with this gave brief outline of report.
?
Changing dynamics of Town in the past fifty years.
?
Fire company boundaries that were established over fifty years are those
boundaries still valid.
?
North Queensbury’s attempt to go at a Fire District listed criticisms in report.
?
Benefits of looking at one Town-wide Fire District
?
Explains the difference of what is a Fire District and a Fire Protection District
report analysis the advantages of each
?
Concludes report by recommending investigating all possible fire service
arrangements
SUPERVISOR STEC-Spoke to the board regarding the announcement that was put out
regarding a grant award. Warren County faired exceptionally well amongst all the soil
and water districts throughout the state not only did the County fair well, but in particular
the Town of Queensbury did very well in that funding round. That is really a tribute and
testimony to the Warren County Soil and Water District in particular Dave Wick. One
was for pursuing up to three septic management district the Rockhurst, Assembly Point,
Cleverdale area. The septic management we have been looking at is in the Rockhurst
area. The other two are storm water related the most expensive one and the largest grant
we received was for putting storm water infrastructure in on Route 9 where Halfway
Brook crosses Route 9 on the Enterprise Rental Car property across from Price Chopper.
The third grant that we received is for storm water work along Glen Lake for those three
in total they were almost a half a million dollars. Thanked Glens Falls National Bank and
TV 8. reminded people of the Towns website www.queenbury,net.
Regular Town Board Meeting 03-05-2007 MTG#8 244
6.0 RESOLUTIONS
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FOR
EMERGENCY FILTRATION/CHLORINATION SYSTEM REPAIRS
AT GURNEY LANE POOL
RESOLUTION NO.: 117, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board established a Capital Reserve Fund
known as the Recreation Assessment Reserve Fund #61 (Fund No. 61) for future
recreational needs, and
WHEREAS, by Resolution No.: 124,2006, the Town Board authorized
establishment of Capital Project Fund #157 to fund expenses associated with development
of a Park Master Plan, reparation and upgrade of pool, construction of shade structures and
an additional pavilion, and
WHEREAS, the Director of Parks and Recreation has advised the Town Board that
emergency repairs are needed at the Gurney Lane Pool and has requested Town Board
authorization to transfer funds for filtration/chlorination system repairs for an amount not to
exceed $75,000, and
WHEREAS, the Town Recreation Commission has been apprised of the necessary
repair work, agrees with the repair work necessary in order to operate, and has directed the
Director of Parks and Recreation to take steps to gain Town Board approval, and
WHEREAS, Clardon Pools has begun the emergency repairs as outlined below:
?
New plumbing and valves for filtration system;
?
New 5 hp trash pump (backwash pump);
?
New 15 hp, three phase electric circulation pump;
?
3 New main valves – (1) eight inch gate pump and (2) ten inch gates with related
plumbing;
?
New chlorination system with two 100 gallon self-contained, poly storage tanks;
?
2 new chlorine pumps (one per tank) with controller unit; and
Regular Town Board Meeting 03-05-2007 MTG#8 245
WHEREAS, the repair costs include all necessary materials (including welding
supplies for stainless steel application), labor to install, restart and check of both systems for
proper operation and staff training, with all workmanship guaranteed by Clardon Pools for a
period of one (1) year,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the
filtration/chlorination system repairs at the Gurney Lane Pool are emergency repairs needed
to best serve the Town’s residents and such repairs should be completed as soon as possible
in order to operate during the 2007 summer season, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and directs
engagement of Clardon Pools to complete the emergency filtration/chlorination system
repairs at the Gurney Lane Pool for an amount not to exceed $75,000, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
transfer of funds in an amount not to exceed $75,000 for the actual filtration/chlorination
system repair costs at the Gurney Lane Pool, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 61
in the amount of $75,000 to fund such Project, such funds to be placed into the Capital
Project Fund No.: 157 established in accordance with Resolution No.: 124,2006 and the
Town Board further directs that in the event there are funds remaining in such capital project
fund after completion of the Project or in the event that the Project is not undertaken, the
moneys in the capital project fund shall be returned to the capital improvement fund, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby establishes appropriations in Expense
Account No.: 157-7110-2899 in the amount of $75,000 – Capital Construction, and
BE IT FURTHER,
Regular Town Board Meeting 03-05-2007 MTG#8 246
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Director of Parks and Recreation and/or Town Fiscal Manager to take such
other and further action necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in
accordance with the provisions of Town Law Article 7 and the Town Board hereby
authorizes and directs the Town Clerk to publish and post such notices and take such
other actions as may be required by law.
th
Duly adopted this 5 day of March, 2007, by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
ABSENT:None
RESOLUTION AUTHORIZING ENGAGEMENT OF BARTON &
LOGUIDICE, P.C., FOR ENGINEERING SERVICES RELATED TO
EMERGENCY REPAIR OF SANITARY SEWER FORCE MAIN
ALONG BAY ROAD
RESOLUTION NO.: 118, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury’s Wastewater Director has advised the
Queensbury Town Board that the current 12” ductile iron force main along Bay Road
between Lexington Avenue and Duke Drive is severely deteriorated and leaking and the
Town has twice repaired the main in recent weeks, and
WHEREAS, it is therefore necessary for the Town to replace such main under an
emergency contract, and
WHEREAS, Barton & Loguidice, P.C. (Barton) has offered to provide engineering
services related to the design and construction administration of such sanitary sewer force
main replacement including the development of specifications, and
WHEREAS, Barton has offered to provide such services for an amount not to
th
exceed $35,800 as more fully set forth in Barton’s February 20, 2007 letter to the Town’s
Wastewater Director and presented at this meeting, and
Regular Town Board Meeting 03-05-2007 MTG#8 247
WHEREAS, the Central Queensbury Quaker Road Sewer District will therefore
incur costs greater than originally budgeted for, and
WHEREAS, the Central Queensbury Quaker Road Sewer District has sufficient
surplus fund balances and has met New York State Comptroller's requirements for the
appropriation of fund balance during the fiscal year, and
WHEREAS, the Town Board wishes to therefore increase appropriations and
appropriated fund balance in the Central Queensbury Quaker Road Sewer District Fund,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the repair of
the 12” ductile iron force main along Bay Road between Lexington Avenue and Duke
Drive is an emergency repair needed to best serve the Town’s residents and such repairs
should be made as soon as possible, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
engagement of Barton & Loguidice, P.C. (Barton) for the provision of engineering services
related to the design and construction administration of such sanitary sewer force main
replacement including the development of specifications for an amount not to exceed
th
$35,800 as more fully set forth in Barton’s February 20, 2007 letter to the Town’s
Wastewater Director, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves, authorizes and
directs that the 2007 Budget be amended by increasing appropriations and increase
Appropriated Fund Balance in the Central Queensbury Quaker Road Sewer District Fund -
Account No.: 32-8120-2899 in the amount of $35,800 to provide for payment to Barton,
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town's Fiscal
Manager to make any necessary adjustments, transfers, or prepare any necessary
documentation to provide for such payment, and
BE IT FURTHER,
Regular Town Board Meeting 03-05-2007 MTG#8 248
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Wastewater Director and/or Town Fiscal Manager to take such other and further
action as may be necessary to effectuate the terms of this Resolution.
th
Duly adopted this 5 day of March, 2007, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES: None
ABSENT:None
RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR
IMPROVEMENTS IN MEADOWBROOK ROAD AREA WITHIN
THE QUEENSBURY CONSOLIDATED WATER DISTRICT
RESOLUTION NO.: 119, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No. 493, 2005 the Queensbury Town Board authorized
engagement of C.T. Male Associates, P.C. for engineering and survey services concerning
the replacement of water mains along Meadowbrook Road, Sargent Street, Wilson Street
and Cline Avenue in the Town of Queensbury (Project), and
WHEREAS, by Resolution No.: 175,2006, the Town Board authorized engineering
services outside the original scope of C.T. Male’s Services due to Project changes, and
WHEREAS, by Resolution No.: 308,2006, the Town Board authorized such
Project, and
WHEREAS, C.T. Male prepared bid documents and specifications to advertise for
bids for the improvements authorized by Resolution No.’s: 493,2005 and 175,2006, and
WHEREAS, by Resolution No.: 404,2006, the Town Board authorized such
advertisement for bids and bids were opened, and
WHEREAS, by Resolution No.: 498,2006, the Town Board rejected the received
bids as they were higher than expected, and
WHEREAS, the Town’s Water Superintendent and C.T. Male have recommended
that the Town Board authorize the readvertisement for bids, and
Regular Town Board Meeting 03-05-2007 MTG#8 249
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids
and award the bid to the lowest responsible bidder meeting New York State statutory
requirements and the requirements set forth in the Town’s bid documents and specifications,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town Purchasing Agent and/or C.T. Male Associates, P.C., to again post and publish an
advertisement for bids to be prepared by C.T. Male Associates, P.C., for the Meadowbrook
Road Area Water Main Replacement Project and receive all bids, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town’s
Purchasing Agent to open all received bids, read them aloud and record the bids as is
customarily done and present the bids to the next regular or special meeting of the Town
Board.
th
Duly adopted this 5 day of March, 2007, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT:None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR
WATER PIPES AND FIXTURES TO BE USED ON THE TOWN’ OF
QUEENSBURY’S CONNECTOR ROAD WATER PROJECT
RESOLUTION NO.: 120, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury Water Superintendent wishes to advertise for
bids for the purchase of water pipes and fixtures to be used on the Town of Queensbury’s
Connector Road Water Project as set forth on bid specifications presented at this meeting,
and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids
and award the bids to the lowest responsible bidder(s) meeting New York State statutory
requirements and the requirements set forth in the Town’s bidding documents to be prepared
by the Town’s Purchasing Agent and/or Water Superintendent,
Regular Town Board Meeting 03-05-2007 MTG#8 250
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town’s Purchasing Agent to publish an advertisement for bids in the official newspaper for
the Town of Queensbury concerning the purchase of water pipes and fixtures to be used on
the Town of Queensbury’s Connector Road Water Project, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Purchasing
Agent to open all bids received, read the same aloud and record the bids as is customarily
done and present the bids to the next regular or special meeting of the Town Board.
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Duly adopted this 5 day of March, 2007, by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES: None
ABSENT:None
RESOLUTION AUTHORIZING COST OF CLEAN-UP OF
PROPERTY TO BE ASSESSED AGAINST PROPERTY OF DEBRA
SAWN
RESOLUTION NO.: 121, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Town of Queensbury appeared in Town Court in the matter of the
Town of Queensbury against Debra Sawn, whereby Ms. Sawn admitted to three counts of
violating Queensbury Town Code §102-3 by unlawfully depositing junk motor vehicle
parts, debris and garbage on the premises known as 24 Rhode Island Avenue in the Town of
Queensbury (tax map no.: 309.13-1-33), and
WHEREAS, the Town provided Ms. Sawn with waste disposal assistance at such
property at a cost to the Town, and the Town Court ordered Ms. Sawn to pay the Town
restitution for such clean-up assistance in the amount of $2,900, and
WHEREAS, Ms. Sawn agreed that such amount could be levied against the property
as taxes, and
Regular Town Board Meeting 03-05-2007 MTG#8 251
WHEREAS, a copy of the Judgment whereby the sum of $2,900 may be assessed
against the property and collected as real property taxes is presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs that
the $2,900 in expenses to clean-up the Debra Sawn property located at 24 Rhode Island
Avenue in the Town of Queensbury (tax map no.: 309.13-1-33) referenced in the preambles
of this Resolution shall be attached to the taxes due upon this property as an omitted tax in
order to fairly reimburse the Town of Queensbury since its residents’ taxes have paid for
this clean-up, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Clerk, Tax Receiver and/or Town Fiscal Manager 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 5 day of March, 2007, by the following vote:
AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT:None
RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO
ST
CONDUCT 21 ANNUAL SHAMROCK SHUFFLE ROAD RACE
RESOLUTION NO. 122, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Adirondack Runners Club has requested authorization from the
st
Queensbury Town Board to conduct its 21 Annual Shamrock Shuffle Road Race as
follows:
SPONSOR : The Adirondack Runners Club
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EVENT : 21 Annual Shamrock Shuffle Road Race
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DATE : Sunday, March 18 2007
Regular Town Board Meeting 03-05-2007 MTG#8 252
PLACE : Beginning and ending at Glens Falls
High School and going through the Town of
Queensbury
(Letter and map showing course is attached);
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of
st
proof of insurance from the Adirondack Runners Club to conduct the 21 Annual Shamrock
Shuffle Road Race partially within the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this event subject to approval
by the Town Highway Superintendent, which may be revoked due to concern for road
conditions at any time up to the date and time of the event.
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Duly adopted this 5 day of March, 2007, by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
ABSENT:None
RESOLUTION APPOINTING FIRE MARSHAL AS TOWN OF
QUEENSBURY’S FIREWORKS PERMIT AUTHORITY
RESOLUTION NO. 123, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, from time to time, the Town of Queensbury receives requests from
certain entities to conduct fireworks displays within the Town, and
WHEREAS, in accordance with New York State Penal Law §405, the Town
Board may designate a Town officer as the Town’s “Permit Authority” to authorize and
issue fireworks permits on the Town’s behalf, to such entities for the conduct of such
fireworks displays, and
WHEREAS, the Town Board wishes to designate its Fire Marshal, Michael
Regular Town Board Meeting 03-05-2007 MTG#8 253
,
Palmer, as the Town’s Permit Authority
NOW, THEREFORE, BE IT
RESOLVED, that in accordance with New York State Penal Law §405, the
Queensbury Town Board hereby authorizes and directs the designation of Michael
Palmer, Fire Marshal, as the Town’s Permit Authority and person responsible for the
issuance of fireworks permits within the Town so long as all requirements of such New
York State Penal Law §405 are complied with, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town
Supervisor, Town Clerk and/or Fire Marshal 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 5 day of March, 2007, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES : None
ABSENT:None
RESOLUTION AUTHORIZING ENGAGEMENT OF INDUSTRIAL
& UTILITY VALUATION CONSULTANTS, INC. TO ASSIST
SPECIAL COUNSEL IN THE DEFENSE OF ARTICLE 78 AND
ARTICLE 7 ASSESSMENT CASES COMMENCED BY ALEXY, ET
AL.
RESOLUTION NO.:124, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
,
WHEREAS Alexy, et al., has commenced litigation against the Town of
Queensbury regarding real property tax assessments for the years 2005-2006, and
WHEREAS, Industrial & Utility Valuation Consultants, Inc. is uniquely qualified
to provide consulting services regarding tax assessment matters, and
,
WHEREAS the Town Assessor and the Town’s Special Counsel recommend that
the Town Board engage the services of Industrial & Utility Valuation Consultants, Inc.
on an ongoing basis to assist the Town with the defense of these cases and with trial
preparations, and
Regular Town Board Meeting 03-05-2007 MTG#8 254
WHEREAS, IUVC’s fee for time spent on settlement negotiations and trial
preparation is $250 per hour and such services will take approximately 10 hours,
NOW, THEREFORE, BE IT
,
RESOLVED that the Queensbury Town Board hereby authorizes engagement of
the services of Industrial & Utility Valuation Consultants, Inc. to assist the Town in the
defense of and trial preparation for the Article 78 and Article 7 tax assessment cases
brought by Alexy, et al., with IUVC’s fees for such services to be $250 per hour for
approximately 10 hours with a total fee not to exceed $2,500 without further Town Board
approval, such services to be paid for from Account No.: 001-1355-4740, and
BE IT FURTHER,
RESOLVED, that the Town Board directs the Town’s special Counsel to discuss
potential cost sharing of the fees of Industrial & Utility Valuation Consultants, Inc. with
the Counsel to the Lake George Central School District and the Queensbury Central
School District, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Assessor, Town Fiscal Manager and/or the Town’s special Counsel to
take any action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 5 day of March, 2007, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT :None
RESOLUTION TO AMEND 2006 BUDGET
RESOLUTION NO.: 125, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
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 Fiscal Manager and/or Accountant,
Regular Town Board Meeting 03-05-2007 MTG#8 255
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town’s Accounting Office to take all action necessary to transfer funds and amend the
2006 Town Budget as follows:
FROM: TO: $ AMOUNT:
036-9710-7010 036-8130-4425 8,343.77
(Serial Bond Interest) (Sewage Treatment Glens Falls)
th
Duly adopted this 5 day of March, 2007, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES: None
ABSENT:None
RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR OF
COMMUNITY DEVELOPMENT, LAND USE PLANNER AND
ZONING BOARD OF APPEALS CHAIRMAN TO ATTEND 2007
AMERICAN PLANNING ASSOCIATION CONFERENCE
RESOLUTION NO.:126, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Town of Queensbury’s Executive Director of Community
Development has requested authorization for her, the Zoning Board of Appeals Chairman
and the Land Use Planner to attend the 2007 American Planning Association (APA)
National Planning Conference, and
WHEREAS, the Queensbury Town Board has authorized allocation of funds for
conference expenses within the Planning Department’s 2007 budget, and
WHEREAS, in accordance with Town Policy the Queensbury Town Board must
authorize out-of-state travel by Town employees,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Executive
Director of Community Development, the Zoning Board of Appeals Chairman and the
Regular Town Board Meeting 03-05-2007 MTG#8 256
Land Use Planner to attend the 2007 American Planning Association Conference to be
held in Philadelphia, Pennsylvania in April, 2007, and
BE IT FURTHER,
RESOLVED, that all necessary and reasonable expenses incurred by the
Executive Director of Community Development, Zoning Board of Appeals Chairman and
Land Use Planner at the conference are proper Town charges and that all expenses shall
be paid for from the appropriate Town Account.
th
Duly adopted this 5 day of March, 2007 by the following vote:
AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT:None
RESOLUTION AUTHORIZING ENGAGEMENT OF CUSACK &
COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT
STATEMENTS OF CASH RECEIPTS AND DISBURSEMENTS FOR
FISCAL YEAR ENDING DECEMBER 31, 2006
RESOLUTION NO.: 127, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, by Resolution No.: 619,2006, the Queensbury Town Board authorized
engagement of the services of Cusack & Company, CPA’s (Cusack) to audit the Town of
Queensbury’s financial statements for the fiscal year ending December 31, 2006, and
WHEREAS, the Town has been pleased with the services of Cusack, and
WHEREAS, Cusack has offered to audit the Town’s statements of cash receipts and
disbursements for the fiscal year ending December 31, 2006 for the Town of Queensbury
Town Clerk, Receiver of Taxes, Town Courts, Transfer Station, Water and Wastewater
Departments and Parks and Recreation Department at a cost ranging from $2,500 to $3,000
for each department audit as more specifically set forth in Cusack’s letter-form proposal
th
dated February 19, 2007 and presented at this meeting,
NOW, THEREFORE, BE IT
Regular Town Board Meeting 03-05-2007 MTG#8 257
RESOLVED, that the Queensbury Town Board hereby authorizes engagement
Cusack & Company, CPA’s to provide cash receipts and disbursement auditing services to
the Town of Queensbury for the year ending December 31, 2006 as described in the
preambles of this Resolution at a cost ranging from $2,500 - $3,000 for each department
th
audit as more specifically set forth in its letter-form proposal dated February 19, 2007 to be
paid for from the appropriate account(s) as will be determined by the Town Fiscal Manager,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Fiscal Manager to sign any documentation and take any and all
action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 5 day of March, 2007, by the following vote:
AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT:None
RESOLUTION APPROVING AUDIT OF BILLS –
TH
WARRANT OF MARCH 5, 2007
RESOLUTION NO.: 128, 2007
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 Warrant with a run date of March 1, 2007 and a payment date of March
th
6, 2007,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a
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run date of March 1, 2007 and payment date of March 6, 2007 totaling $502,729.37, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Fiscal Manager and/or Accountant to take such other and further action as
may be necessary to effectuate the terms of this Resolution.
Regular Town Board Meeting 03-05-2007 MTG#8 258
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Duly adopted this 5 day of March, 2007, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES : None
ABSENT:None
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 129, 2007
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 5 day of March, 2007 by the following vote:
Ayes: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
Noes: None
Absent:None
Respectfully Submitted,
Darleen M. Dougher
Town Clerk
Town of Queensbury