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1993-07-06 TOWN BOARD MEETING JULY 6,1993 7:00 p.m. MTG.#50 RES. 386-394 TOWN BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Betty Monahan Councilman Susan Goetz Councilman Nick Caimano Councilman Pliney Tucker PLEDGE OF ALLEGIANCE LED BY SUPERVISOR MICHEL BRANDT PUBLIC HEARING NOTICE SHOWN Supervisor Brandt-Requested that Mr. Mike Shaw lead us through the public hearing, what the background IS. Director of Wastewater Mr. Mike Shaw-This public hearing is for the sale of sewer pipe currently owned by the Town of Queensbury. This sewer pipe is currently on the property of Queensbury Factory Outlet Plaza owned by Birnbaum's solely to service the Birnbaum Plaza. There is 150' of 8", SGR 35" sewer main, sanitary sewer main and a manhole. The reason t11is has come up for sale it was discovered last year when the Birnbaum Plaza was reorganizing they wanted to build a building within five foot of the sewer mains and I told them, that was not acceptable. I was checking the easements and I found out that there was not a easement obtained by the Town of Queensbury for the maintenance or repair of that sewer main. I approached Birnbaum about the possibility of purchasing that because it solely services their plaza and it was agreed upon a price to sell that through c.T. Male of a price of $4250.00. Supervisor Brandt-This has been legally advertised. Town Clerk-Darleen Dougher-Yes it has. Supervisor Brandt-I will declare the public hearing opened if there is anyone who wants to speak on t11is matter, the time is appropriate right now. Councilman Caimano-$4250.00? Mr. Shaw-That is correct. Supervisor Brandt-How did you come to that figure. Mr. Shaw-I negotiated with c.T. Male but basically the man hole itself is worth $1250.00 and the sewer main the 8" sewer pipe the going rate is $20.00 per foot for an 8" sanitary sewer main, that was 150' which comes to $3,000. Supervisor Brandt-It has a rational basis and that... Mr. Shaw-That is right and we have an engineering opinion on that. Councilman Monahan-But Mike you did not figure anything for the labor that was used to install that. Mr. Shaw-No, we the $20.00 per foot is installed, pipe installed the only thing that wasn't figured in there was blacktop and originally there was blacktop on the property and was tore up and was just replaced. Supervisor Brandt-Any input from the public whatsoever? Unknown-How was it ever put in if there was not an easement? Mr. Shaw-I do not know, there was a number of easements that were obtained on different properties, how it was put in without the easement being signed I do not know, it was prior to me, I discovered that there was not an easement obtained. Supervisor Brandt -Probably the kind of thing that led to the establishment of a full time Attorney for the Town of Queensbury and I t11ink it is a good thing. There is a awful lot of little t11ings that occurred that shouldn't have because someone did not have the time to review them and I will have to admit in our administration 14 years ago or whatever it was those kinds of t11ings happened because you just did not have an Attorney to advise you like we do today. You pick up the pieces as best you can when they happen. Any comments? I am going to close the public hearing. RESOLUTION TO ACCEPT BID OF $4,250.00 FROM ESTATES OF BERNARD BIRNBAUM AND SAUL BIRNBAUM (QUEENSBURY PLAZA) FOR THE SALE OF 150' OF PIPE RESOLUTION NO. 386, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Central Queensbury Quaker Road Sewer District owns a sub-surface sewer pipe located in the Queensbury Plaza owned by the Estate of Bernard Birnbaum and the Estate of Saul Birnbaum, and WHEREAS, the aforenamed owners are now in the process of redeveloping the Queensbury Plaza and will require modifications to the existing sewer line, and WHEREAS, the Town Board of the Town of Queensbury has determined that the aforesaid sewer line consisting of approximately 150' and one manhole are no longer needed for sewer district purposes, particularly in light of the fact that the same were intended to service the Plaza and that the developer of the Plaza will be arranging for sewer service to the Plaza through t11is and other sewer pipes installed in the Plaza, and WHEREAS, in order to effectuate the redevelopment of the Plaza, and in light of the fact that the aforesaid sewer pipe is no longer needed and will no longer be of benefit to the Central Queensbury Quaker road Sewer District, the Town Board is desirous of selling the same to the developer for the sum of $4,250.00, and NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury agrees to accept the sum of $4,250.00 after discussion with the Wastewater Supt. Mike Shaw and be it further RESOLVED, that the sale will include Manhole Number 637 and be it further RESOLVED, that the funds will be credited to the Central Queensbury Quaker Road Sewer District in accordance with provisions of the Town Law. Duly adopted this 21st day of June, 1993 by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None DISCUSSIONS Members of the Board of Assessment Review Mr. C. Mathew Yasko and Mr. Matthew LudemamI Discussion held regarding payment to Members of the Board of Assessement Review...Mr. LudemamI, traditionally the Board has been paid $50.00 per session per member, it has been fuzzy as to what a session comprised....noted a minimum is 3 hours...in the past there was sometimes payments for training sessions and also the preliminary meeting before grievance day that the Board would normally have to conduct, some preliminary information, elect a chairman, elect a secretary, meet with the assessor informally to discuss the areas that they expected a lot of people to have grievances about, last year that was removed and was limited to the sessions when we were hearing grievances and make determinations. Noted Dr. Hauser has been working on a computer program, used by the Assessor's Office and our Board ...it is a lot better than the State Program... It was noted there was confusion over the time sheets whether it meant hours or sessions...it was decided to have new time sheets designed for the Boards (Planning, Zoning and Assessment Review Board...Mr. Y asko- Thanked Dr. Hauser for all his work on the computer program... RESOLUTION AUTHORIZING PAYMENT TO BOARD OF ASSESSMENT REVIEW MEMBERS RESOLUTION NO. 387-93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there has heretofore been established a Board of Assessment Review for the Town of Queensbury and previously the Board has been paid for services at a rate of $50.00 per session NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes payment per session per member for each session held by the Board of Assessment Review with the session to be defined as those sessions actually held to hear complaints filed in connection with the assessment role or conducting hearings or workshops or determining grievances regarding those complaints and with sessions to be further defined as those instances where at least a quorum of the members are present and conducting business for a period not to be less than three hours, and BE IT FURTHER RESOLVED, further that the Town Board agrees that the $50.00 fee will be paid to each member who attends the amIual training session sponsored by the State of New York. Duly adopted this 6th day of July, 1993 by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO.: 388,1993 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, certain departments have requested transfers of funds for the 1993 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1993 budget: SUPERVISOR: FROM: TO: AMOUNT: 001-1990-4400 (Contingency) 001-1355-1002 (Assessment, Misc. Payroll) $10,000.00 and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 21st day of June, 1993, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES None ABSENT: None DISCUSSION MEMO-BAY ROAD SEWER DISTRICT Mr. Shaw-I have met with Quentin Kestner we talked last time around and we went over it and it was his opinion it looked feasible to do the east side of Bay Road from the College down because of recent developments of Guido Passarelli Subdivision and so on. He feels the next step would be to hire an engineering firm for a map, plan and report to get cost figures...noted two problems Mr. Passarelli would like to move ahead and ACC-treatment plant is beyond its life expediency of 25 years, they feel at any time it can quit... Councilman Monahan-requested something in writing that ACC wants to hookup to the Sewer System...Councilman Tucker-Who is interested in the sewer extension? Mr. Martin-Mr. Passarelli, The College, Mr. John Hughes, Mr. Valantee was promised that when he originally built, Old Coach Manor Apartments, and Canterbury Woods was interested...Councilman Caimano-Also requested that the persons interested in sewer hookup should notify the Town in writing. Councilman Goetz-Noted she felt there we mixed messages from ACC. Mr. Shaw-Noted that he had spoken with ACC and that their costs of operations are high. Mr. Tucker-Noted if we are forming a sewer district it has to be able to support itself, if everybody isn't interested on Bay Road it is not going to fly, we do not want to spend money for a map, plan and report... Councilman Monahan-noted that there was talk about an extension of the district...Mr. Daniel Valentee- I am not interested in the sewers if we have to put a new sewer district in, the reason I am not is because our economy and what I see in the future it is not cost effective. I would not be for it at t11is time...Councilman Monahan-The next step is commitment in writing from people. Mr. Shaw-If you want a report from Mr. Kestner I will ask for one to be directed to the Town Board of his findings... Supervisor Brandt-What it gets down to is dollars and cents...we will ask for preliminary input from Kestner, lets finish that work and re-evaluate it...Councilman Goetz-In the Quaker Road Sewer Dist. the variances that were granted to June 30th, where are we now? Mr. Shaw-There is all but two that look like they are connecting now, one is Mr. Mihindu I am waiting for feed back from them and Rita Frasier, she has money problems and she is trying to work them out. I am waiting until the Attorney gets back from vacation and then we will move ahead. RESOLUTIONS RESOLUTION APPROVING AND ADOPTING REVISED INVESTMENT POLICY FOR THE TOWN OF QUEENSBURY RESOLUTION NO.: 389,1993 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury has heretofore, by Resolution No. 130, dated July 28, 1987, adopted an Investment Policy for the Town of Queensbury, and WHEREAS, since the time that said Investment Policy was adopted, revisions have been made to the General Municipal Law concerning, among other t11ings, Investment Policies for local governments and collateralization of bank deposits, and WHEREAS, the Office of the State Comptroller has also, more recently, developed a model Investment Policy for use by municipalities, and WHEREAS, the Town Board of the Town of Queensbury, after reviewing the model Investment Policy provided by the Office of the State Comptroller, has determined that it would be appropriate for use by the Town of Queensbury, and WHEREAS, the model Investment Policy forms have been completed and have been presented to this meeting for consideration of approval and adoption by the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and adopts the Investment Policy for the Town of Queensbury, as presented at t11is meeting, a copy of the same to be kept with the Minutes of this meeting, with the Town Board of the Town of Queensbury also acknowledging, approving and authorizing such delegation of authority to the Town Supervisor and/or other Town Officials that may be set forth and/or authorized in the aforesaid Investment Policy, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby directs that a copy of the Investment Policy be distributed to the Town Supervisor, the Director of Accounting Services, and such other officers and staff of the Town of Queensbury as the Town Supervisor may determine appropriate or necessary in discharging the duties and responsibilities set forth in the Investment Policy document, and be it further RESOLVED, that the Town Board hereby directs that in Investment Policy Appendix A Schedule of Eligible Securities (i) through (xi) be marked with an X. Duly adopted this 6th day of July, 1993, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES None ABSENT: None Discussion held re: Investment Policy and Third Party Custodian Agreements-E.J. Christensen reviewed Option A & B for the Board...suggested that Option B be selected... Supervisor Brandt-noted taking Option B with modification as negotiated by the Attorney. Discussion Exhibit B Schedule of Eligible Securities for Glens Falls National Bank select all i-xi Exhibit B Schedule of Eligible Securities for First National Bank used as selected by bank i, iii, iv, v... Noted that the State has said any of these are acceptable to guarantee a Towns money. Councilman Tucker-By doing t11is they protect all our money, whatever amount and we do not have to tell them. E.J. Christensen-Option B gives us better protection. Councilman Caimano-I do not see Option Bin this resolution by on the record it is my intent and I suspect the intent of the Board to accept Option B and the Town Attorney can rewrite t11is thing anyway he wants, I want to get it on the minutes that we are accepting Option B. Supervisor Brandt-That is what I understand and ... Councilman Caimano-Option B as described by the Town Accountant is the fact that the Banks have collateral to whatever level we need at any given time as opposed to... Supervisor Brandt-They have the responsibility of monitoring them. E. J. Christensen-It is a joint responsibility, they have the obligation of collateralize but we also have the responsibility to watch them to make sure they do it. Councilman Caimano- The point is that they have the collaterilization for all of the dollars that we need as opposed to fighting it under Option A. Councilman Tucker-It is the Banks responsibility iffor some reason you guys do not keep track of it and they don't either is it their responsibility irregardless? E. J. Christensen-We have a contract right now with First National that specifically says that they will monitor the colleratal, if they do not do it then...Councilman Tucker-They are still responsible...E. J. Christensen-Yes. Ultimately we are responsible, if it came down to a Bank going under and we had more money on deposit then they had colleteralized it would be tough to get the difference because the bank would go under and would have nothing to back it up with. Supervisor Brandt-That is an obligation of us to watch this closely when we know we have a lot of money going into the banks, say at the time of sales tax payment comes in we have to notify the Bank a day in advance of approximatley what we think is coming in. E. J. Christensen-It is not required but we intend to do that if we can. Councilman Tucker-What does that do if the Bank goes under. E. J. Christensen-That is the idea of colleteral. Supervisor Brandt-It puts you in a position where there is colleteral to cover you. Councilman Goetz-Questioned the contract with First National it is a certain time period? E. J. Christensen-Right now we have a year left on our current contract. Supervisor Brandt-It is a good size job to rebid it out again, we looked at that, a separate issue, we came to the conclusion that we did not have the time to do it and do it correctly and we had a very good interest rate, far to our advantage not to bid it again but to extend the second year option that we had so we took that option. RESOLUTION AUTHORIZING THIRD-PARTY CUSTODIAN AGREEMENTS RESOLUTION NO. 390, 1993 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the General Municipal Law of the State of New York provides that the governing board of every local government shall designate one or more banks or trust companies for the deposit of public funds received by the Chief Fiscal Officer or any other officer authorized by law to make deposits and the disposition of which is not otherwise provided by law, and WHEREAS, the General Municipal Law of the State of New York also provides that all public deposits in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured by a pledge of eligible securities, eligible surety bonds or eligible letters of credit, as the same are more specifically defined under General Municipal Law, Section 10, and WHEREAS, Third-Party Custodian Agreements, with Addenda, between the Town of Queensbury, First National Bank of Glens Falls and M&T Bank, and between Glens Falls National Bank, the Town of Queensbury and M&T Bank have been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury, after reviewing the Third-Party Custodian Agreement and Addendum thereto, the Schedule of Eligible Securities and the Certificate of Authorized Persons, as well as the letter form commitment by M&T Bank (who will provide third-party custodial services in connection with both agreements), approves and authorizes the Third-Party Custodian Agreement with Glens Falls National Bank & Trust Company, the M&T Bank and also the Agreement with the First National Bank of Glens Falls and M&T Bank and hereby authorizes the Town Supervisor to execute the same on behalf of the Town of Queensbury, to arrange for the seal of the Town to be placed on the said Agreements (if necessary) to execute the form letter provided by M&T Bank and to take all other steps that may be necessary to arrange for the execution and implementation of the Third-Party Custodian Agreements, and be it further RESOLVED, that the Town Board hereby directs that in the Third Party Custodian agreement for Glens Falls National Bank and Trust Company, Exhibit B Schedule of Eligible Securities (i) through (xi) be marked with an X and in the Third Party Custodian agreement for The First National Bank of Glens Falls Exhibit B Schedule of Eligible Securities be left as the Bank has marked it items (i), (iii), (iv) and (v) with an X. Duly adopted this 6th day of July, 1993, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES None ABSENT: None Discussion held before vote: Councilman Caimano-Why does First National only have four checked? E. J. Christensen-They have made it more restrictive than the State says you have to, I am not sure why. Councilman Caimano-Is it your recommendation that you check all under Glens Falls? E. J. Christensen-It would not hurt. Councilman Monahan-Questioned the use of Puerto Rico? Supervisor Brandt-If the State Comptroller says there's quality I am not going to try and out guess the State Comptroller. E. J. Christensen-They are extremely conservative. Councilman Caimano-I would suggest that we go with what is recommended. Also again on the record, there is not11ing in here that talks about Option B I want to make sure that, Option B is what we are going to take. Supervisor Brandt-With the modification that the Attorney negotiated. Councilman Caimano-Right. RESOLUTION APPOINTING MEMBERS TO THE ADVISORY COMMITTEE ON ENVIRONMENTAL ISSUES RESOLUTION NO. 391, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury has in existence a Citizens Advisory Committee on Environmental Issues, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints the following persons for a term on the Citizens Advisory Committee on Environmental Issues, to expire on December 31, 1993: David Hodgson Thomas Jarrett Charles H. Maine Ralph Nestle Richard Sage Stephen Traver Dr. David Welch Duly adopted this 6th day of July, 1993 by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO.: 392,93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, certain departments have requested transfers of funds for the 1993 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1993 budget: BUILDING & CODES FROM: TO: AMOUNT: 001-3620-4400 (Miscellaneous Contractual) 001-3620-4050 (Books, Publications & Subscriptions) $400.00 PINE VIEW CEMETERY FROM: TO: AMOUNT: 002-8810-2012-11 (Miscellaneous Crematory Equip.) 002-8810-4400-11 (Miscellaneous Crematory Contractual) $300.00 and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 6th day of July, 1993, by the following vote: AYES : Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO AMEND RESOLUTION NO. 378 OF 1993 RESOLUTION NO. 393-93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, Resolution NO. 378 established a committee to Study the North Queensbury Sewer District, and WHEREAS, said Resolution designated John Salvador as the representative of the DunlIam's Bay Association, and WHEREAS, the Town Board of the Town of Queensbury wishes to amend said Resolution NO. 378 and designate John Salvador as representing the All County Taxpayers Association, NOW, THEREFORE BE IT RESOLVED, that Resolution No. 378 is amended to state that John Salvador is representing the All County Taxpayers Association on the Committee to Study the North Queensbury Sewer District. Duly adopted this 6th day of July, 1993 by the following vote: AYES: Mr. Tucker, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: Mrs. Monahan ABSENT: None DISCUSSION A. New Postion DCO-Mr. James Martin requested permission to post a job description for Animal Control Officer which also combines with elements of Assistant Building and Codes Officer position, zoning enforcement and sign regulation enforcement, the intent to take a little of the enforcement responsibility offfrom Dave Hatin freeing him up to do more Building Inspection work...the next step to advertise in the paper and suggested that he would conduct the preliminary interviews and come back to the Board with three recommendations that the Board would then in turn interview. The Board agrees to have an ad placed for the new position-Mrs. Monahan-yes Mrs. Goetz-yes Mr. Caimano-Abstain Mr. Tucker- yes Mr. Brandt-yes B. Responses on RFP that was issued for technical assistance in review of the Draft and Final Environmental Impact Statement for the proposed Hudson Pointe PUD as well as assisting in the preparation of the statement of findings which represents the culmination of the Seqra Process. Three responses-four went out to Haanen Eng., Eugene Christensen, Morse Engineering and Rist Frost...Three back Eugene Christensen he indicated verbally he was not interested, Rist Frost responded with a one page letter and Morse responded and Haanen we did not hear back from, and Frasier Associates which has joined in partnership so to speak with Roger Murman saw the ad in the paper...Mr. Martin-I would recommend Morse Engineering based primarily on their involvement to date with the project in developing the scoping document...price also a consideration...Councilman Tucker-Is t11is a total charge to the developers? Mr. Martin-Yes. Alan Oppenheim has seen highlights of these he will be getting a full set he was in agreement also with Morse Eng. Board requested time to look at the documents... OPEN FORUM DR. GEORGE WISW ALL-My name is George Wiswall, I live at 68 Glenwood Avenue, I appeared before this Board on the 6th of October 1992 to have some relief with our sewer assessment which is now a tax. I gave each of you a map of the property that I am referring to and where the sewer is installed on Glenwood Avenue, and where it ends. This land if basically farm land, I took a couple of pictures today and brought them with me in case you would like to look at them Farmers haying it down there today and cutting hay putting it up and bailing it and taking it to feed his cows next winter. In the picture I also included my garden where we raise vegetables to sustain us during the summer and fall. This originally was an assessment 23 something acres and we have already paid assessments of over twenty thousand dollars on this piece of vacant farm land. We have some relief come because it is a tax and we can, under the new formula, for so much per acre but when I spoke to you last fall in October, the 6th of October you all seemed to agree that it really wasn't fair the way this land was being assessed and now taxed. I spoke with Helen Ot, the Assessor, Otte about this and I spoke with Mike, Mike is still here, I spoke with Mike Shaw and they both told me that the only body that could change t11is situation would be the Town Board. Now, they sympathized with me. When we first paid our first assessment on t11is property I paid under protest and Betty Eggleston when I cried about it she sympathized with me but and that first assessment was, we paid in 1989 was five thousand five hundred and t11irty four dollars just on that one parcel of vacant land, not our home and not the land across the road which is on the sewer but this one piece. In 1990 it was thirty eight hundred and fifty seven dollars and every time I wrote the check and gave it to Betty I told her I was paying under protest. I have not hired an Attorney or done anything radical about it, but the new formula now the, if this was considered as wetlands or land locked which it is not, landlocked is questionable exempt from per acre would be a one fifth of a point, two tenths of a point. Weare being charged one point per acre on this whole piece of land. I do not know if there is another piece of farm land in the Quaker Road Sewer District. I guess I must have been asleep at the switch when I let them put the whole t11ing into the sewer district, but without fighting it. They drew an arbitrary line out around our back border and we are in. Now, is there anyway for us to get out I do not mind paying the point two tax but I do not think it is fair to tax us at one point, one point per acre. It makes a difference of this 1993 at one point per acre at one hundred and twenty five dollars we paid three thousand and fifty nine dollars and if it had been at point two tenth per acre it would have been six hundred and eleven dollars. So, t11is land has been used for crops in the past it is hay land now, and it is pasture land, garden, we also produce oxygen from the grass and the trees out there, as there is more development here in Queensbury there is more need for oxygen. We have no plans for development t11is map that I gave to you and it is in the files of the Town Clerk, I checked t11is out last week, was a survey that I had done a few years ago just to find out where the corners were. I kind of get a little kick out of you rezoning that land that belongs to oh, the two guys in back of us there, the lawyers, Ron Newell and his partner. If there is any land that ought to be in the sewer district it is that land, we know what the water table is in that area and you are talking about extending the Bay section of the sewer it should be extended anyplace that there is development. It's eventually it has got to come and I do not. Councilman Goetz-George, how is that land that you are describing zoned right now? Dr. Wiswall-It's you asked me this question last time, MR-5 it was UR-5 and the last time you were on the Zoning Board you folks changed it to one acre residential and I wrote a letter and it was left as it was UR-5 to MR-5. Councilman Goetz-Because, I t11ink the Board that you are t11inking of is the Land Use Advisory Committee that recommended to the Town Board and then they adopted whatever the recommendations were. You came to one of those meetings. Dr. Wiswall-No Councilman Goetz-The land use advisory committee meetings. Dr. Wiswall-I do not t11ink so. Councilman Goetz- I think that I remember that you did. I just wondered when it was, because I had all the minutes. Dr. Wiswall-I have been waiting all the spring and the fall to come and talk to you and I know you are very busy and tonight maybe you have got time to listen for a few minutes. When we bought that land there was no zoning in the Town of Queensbury. We bought a little farm there, thirty three acres it included what is now where Grossman's is where the Quaker Road is and the power lines. We bought it to zone ourselves to keep people away from us so they would not be complaining about dogs barking and odors and everything else. We never had any intentions of selling any of it after the Quaker Road went through we had to sell a right of way through there I t11ink we got three dollars a foot for that right of way through there it amount to about a thousand dollars for that big wide right of way. We did sell off where Grossman's is and the rest of it we have not sold any. Now, then zoning came in and anything within 500' of the Quaker Road was automatically zoned commercial. So the land across from our home is commercial, automatically commercial. One time the Zoning Board, Dick Roberts, Hilda MamI and I don't remember who else was on the Board they decided that, they would zone that residential so I did go to that meeting and protested and you know that is ridiculous you know, it lays along the brook and along Quaker Road is anything but residential area who would build a house there? So, I went to the Board and complained and you know what's our t11inking, well Dick says ah, we want to keep some open green spaces here in Queensbury and that is a nice piece along the brook there and we would like to keep that open, so we are zoning it residential because we know that won't anybody build anything there. Now, that was the thinking. Dick is a good friend of mine, he was a client and everything but that was the t11inking of those people on that Zoning Board and I suspect that this has been the thinking all the way along over the years with Zoning Board. Councilman Goetz-That was the Planning Board, because I was on the Zoning Board I would rather have the Planning Board take the blame. Dr. Wiswall-I am a little confused I do not go to all these meetings and know all of the, you got so many boards that, but, I will tell you another little story. So, the next morning, when I sat at the breakfast table I am looking across at Grossman now thank goodness they finally painted that building white but all these years I have looked at those up and down stripes. I see Dick driving along, very slow, in his farm truck I knew the truck well and Dick was looking the land over there and I see Hilda the next day or two and they both agreed with me that wouldn't anybody build anything there unless it was commercial so they put in back into commercial and it is commercial land there now, we are paying the full shot on it because the sewer runs right along there. Can't build much of anything there because they keep setting back the set backs from the brook, first it was twenty five feet, and then it was fifty feet and seventy five feet and I am not sure it might be one hundred feet now. There is room there for one building, and we had people looking at it but, we have never put it on the market, we would sell it if it was the right purpose and the right neighbor but we do not have to, so we would rather keep it. So, to get back to these various boards, I retired, it will be nine years in October and people ask me and friends ask me what I am doing now that I am retired. I tell them I am into research, and they are quite impressed, when you say you are in research, I do not tell them the whole story somedays I research the True Value Hardware Store, somedays the golf course and right now I am researching Queensbury Government and I guess I have taken enough of your time, but what can you do? Supervisor Brandt-I t11ink George the real question is, if you are in that sewer district you have a commitment from that district to provide sewering to that land if it is ever developed and if you are taken out of that district they no more have the obligation to provide sewer. If the capacity of the sewer are used somewhere else you could be left with a sewer out front but no capacity for your land. If effect a tax is there as a commitment, you are paying for the right to have sewering if you want it. If you do not want it that is another consideration and we can look at, but you will be giving up the right to hook into it if that happens. Councilman Caimano-It seems like the last time we looked at t11is there was some question whether or not the land could be hooked up from Woodvale anyway. Councilman Monahan-The sewer only went to one little portion of his land. Supervisor Brandt-But, if it is in the district we have got to extend if they ask for service then we really have to extend it to give them service, that is why they pay taxes. Councilman Caimano-I see what you are saying. Dr. Wiswall-I do not t11ink its laid out to extend it up Woodvale. Councilman Caimano-No but he, what your nodding you head about is that you would have to if he want to. Mr. Mike Shaw-That is right, if you are in the district and paying taxes, which you are and you require sewer service its the Town's responsibility to run the main to your parcel, for service. Councilman Monahan-I am not sure of that, ifhe started a development in there we also have a rule on the books that says that if you are within so many feet of a sewer line that is there the developer has to run it. Mr. Mike Shaw-He has to run his lateral. What the difference is you have to run your lateral, you are responsible for running your lateral, if you have house that sit back within 250 feet. Councilman Monahan-No, no, a developer has to hook up to the sewer line if he is wit11in so many feet and I t11ink in t11is case he might get stuck for the whole price. Unknown-If you are in the sewer district or in the water district and you are on a well, it happened on Country Club Road, a little house there asked for water, they had to run a water main about 300 feet for one house or 400 feet right off the end of Bay Road there, Country Club Road, they had to run that all the way down, because she decided she did not want a well anymore. Mr. Mike Shaw-If they are in the district it is up to the Town to run the main to their property line. Councilman Monahan-There was one guy in that district for years was trying to get water and he could not get it, in Glen Lake. Councilman Tucker-We had it on Columbia Avenue. The guy wanted water and they had to run it. Supervisor Brandt-This gets right back to the original discussion that we were into about expansion and the total evolution of the sewer district. If, does it have capacity can we add more pumping capacity. The city certainly has capacity to treat a lot of sewage, and the questions get down to the connections between our district and them and what is cost effective to build. We have one connection right now off from Meadowbrook Road to them and we are looking at other possible connection. The point is this, that you are in the district if you choose to hook up we have to take the sewage and we have to serve you, if you are out of that district we do not have to, it is a very important t11ing because it changes the value of your land alot. You should look at it, it is a legal question, it is an engineering question but it is a question you have to resolve in your mind if you really want to be out of it and lets say the sewage capacity gets used up and you want to get hooked up later on and get an extension and it does not work for the Town to do that they are not obligated to do it. Dr. Wiswall-I am not asking to get out of the sewer district because I do not t11ink it is possible, I have talked to Mike Shaw about t11is, but I am asking for relief to be charged at one fifth a point per acre instead of one point per acre which makes a, I do not mind paying some tax but I think it is, I do not think it is fair to tax that back land at the same rate that, now we have an acre on Glenwood Avenue we do have one hundred and ninety feet on Glenwood Avenue that could be sold off for a building lot and we are paying the hundred and and twenty five dollars per acre one point break on that acre but to pay it on all that back land that is some of it is not even buildable on because of ledges up through there and some wet places and like that. I do not think it is fair. Councilman Goetz-Mike, how does this situation compare to Ridge Road where they had land in the back? I forget her name, Barbara Pallozzi is Mr. Shaw-Barbara Pallozzi Councilman Goetz-Is this a similar situation? Brian Harrison Mr. Shaw-He has a substantial more land, he is talking about a piece that is twenty three acres. Councilman Goetz-I am familiar with the land. Mr. Shaw-Barbara is talking about, piece I do not know, I t11ink she has maybe five acres. Councilman Goetz-What about Brian Harrison, he is up there too. Mr. Shaw-He has a few, a couple, three acres too. But they are in the same classification, they are vacant residential, which is one point per acre, the only problem is in creating different class every time you create a different class and lower the points wit11in the district you are actually raising the rate per point and raIsmg Councilman Goetz-For everybody else because it get distributed, differently. Mr. Shaw-Right. Councilman Goetz- I just t11ink we need to be consistent and that would be my question is, it sounds like you are just saying the amount of land that the owner has in t11is case verses those other people we just mentioned its a difference. Is that valid or doing it? Councilman Tucker-How about Greens over on Meadowbrook Road, they have a farm? Mr. Shaw-Where abouts? Councilman Tucker-Greens Mr. Shaw-They are out of the sewer district. They are not in the sewer district. Councilman Goetz-On Meadowbrook? Councilman Tucker-On Meadowbrook? Mr. Shaw-That is correct, the Greens and there is another house in there that's they are not in any sewer district. Councilman Tucker-How can they not be in the sewer district? Mr. Shaw-They are in no mans land, they are right between two sewer districts, between Hiland Park Sewer and between Quaker Road Sewer District. That is the way the boarders were originally drawn and I cannot tell you why. Supervisor Brandt-The point there is that if they want sewer service and we do not have the capacity they cannot get it. We are not forced to take care of it. Councilman Tucker-But, doesn't the sewer run right by their place? Supervisor Brandt -Yes, it does. Councilman Monahan-But for Hiland, and Hiland did not have to make provisions to service anybody else but themselves. That is why. Supervisor Brandt-If they petition us and ask to get into the sewer district then you have to look at whether it pays for us to expand and do that. Councilman Tucker-I know Dr. Wiswall was asking if there was any and that is a pretty good piece ofland or a good size piece of land over there and I was just wondering if there was anything we could compare it with. Dr. Wiswall-I tell you another little story, I came to Glens Falls in the fall of 1941 and I was single and I lived with the Hovey family over by the ice pond and Fred Hovey used to own the ice business and I had my board, room use of their telephone, use of the scale house where they weighed the ice for my office all for ten dollars a week. Fred had lot of time to visit because I did not have a lot of business to start with and Fred told me so many times, when he went on calls with me, George, don't ever get involved in a real estate development. All the land that's North Road, Garrison Road, Fort Amherst Road over Fire Road over the other side of the ....was part of the Hovey Farm and he developed it in the 20's, late 20's, put in streets, street lights, trees did everything first class and when I lived there they looked forward to that ten dollars every week to buy their groceries. If they sold five dollars worth of ice they had to take the five dollars down to the First National Bank in an envelope and give them the money. So, we, that land will not be developed in our life time it will be someday after we kick off, probably the kids will sell it and spend the money but we have no intentions of developing that land. I know you would like to see a lot of developments here in Queensbury but there are a lot of people that enjoy seeing open spaces, they like to see the deer out there and we had a lynx this winter we had a coyote out their last sununer that killed off all the woodchucks, they will come back, but we enjoy that land, it is not for sale. When you talk about adding to the value you know this has been thrown in my face, by your predecessor on the Board here, how much it increase the value of our land to have the sewer district put in. Well the land is worth about one fifth now, what it was when the sewer district was put in. Not because the sewer district was put in and the sewers were put in but just the economy. So, we have considered someday we might give it for a park or whatever but, right now we have no intentions of doing anything except keep it mowed and keep the brush down so people can enjoy it. So, thanks for listening. Councilman Caimano-So, you are asking for a change in the rate you are not asking to get out of the district. Dr. Wiswall-Right. Councilman Caimano-Ok. Dr. Wiswall- From one point to point two. Supervisor Brandt-I am certainly willing to look at that. Dr. Wiswall- That piece of land that is on Glenwood Avenue it is one hundred and ninety feet frontage and I would say two hundred feet deep, I t11ink the fair thing to do would be to leave that at one, the rate of the full rate of an acre. If we sold that off the rest of our land would be landlocked because there is no sewer ends you probably do not remember the map but you all had. Supervisor Brandt-I t11ink so yea. Councilman Ciamano-What do you want to do? Supervisor Brandt-What I would like to do is look at this t11ing in the question of what we were talking to Kestner about. What was the original design, he was there and the whole thing, what is the logical was to expand it and what is the cost and how are we going, one of the problems we have is the sewer tax is too danm high we know it, the cost of that sewer system exceeded what anyone expected and so the tax burden is terrible. We hope that growth occurs and picks up some of those costs so it gets less expensive to be in the system. Councilman Caimano-Well, I t11ink the final thing to your t11ing, is what is fair? Supervisor Brandt-What's fair and fair to both you and to the Town. We have got to look at both sides. Dr. Wiswall-You take across the road I am talking about across the street on Glenwood Avenue this land that is low it could be filled. Supervisor Brandt -On the south side. Dr. Wiswall-On the south side of Glenwood Avenue, we own from the, I tell people we do not really own this land, we are just taking care of it while we are here on earth. Supervisor Brandt-And paying the taxes. Dr. Wiswall-And paying the taxes, but from the accounting firm, you know where the accounting firm is in there, from there to the railroad tracks we own that land, that strip of land is eight hundred feet or something like that, there is place there for about one commercial building about forty by eighty with parking. The rest of it is too close to the brook it is too close to the highway, too close to the power line, the power line owns a strip down through there so that and I don't even have, I did not bring the figures with me to bore you with them, that is commercial land we are paying the full rate of sewer assessment on that land and we are not asking for any relief on that. I am only asking for relief on that back farm land. Supervisor Brandt -On the back in those open fields. Councilman Caimano-Off W oodvale. Supervisor Brandt-And let me tell you something else George, its not the policy of this board an adopted policy or even a it has never been stated that we want to cause development, that is not what, we are here to accommodate it, we react to it as it happens we hope that we can plan for it better then we have in the past but we are not trying to cause you to develop that. Helen Otte said something like that to the newspaper, that is not this Board's policy we have never said that, in fact there has been concern raised by members of this board that we do keep open space and we have discussed how to do that and be fair with the landowners we do not know the answers to that but we are searching for them. Certainly it is related to taxes there is no question of that. Dr. Wiswall-(showed pictures to the Board) the farmer was out there today...t11is is the horse, I ride with the Oriental Temple Shriners..I rode there on Saturday in Argyle, on Sunday in Ticonderoga and that is a real thrill to ride a horse in a parade on the 4th of July in Ticonderoga. You never saw so many kids in your life as they got up there and they are all there clapping and...this was the parade in Glens Falls here, Polly get big pleasure out of me riding in a parade. Thanks again, I did not plan in spending over five minutes, but I have taken a lot of your time. Supervisor Brandt -See if we can't move this along and we will get back into discussion with Kestner and get up to date on where we are. Spoke to the Town Board regarding a lawn sprinkler system for the water department, and I am not sure, I do not want to sign it without the Board's approval. Councilman Caimano- What is it. Supervisor Brandt-It is a lawn sprinkling system for the water department's property and its six hundred and some dollars and I was asked to sign a purchase order for it and I do not want to do that without a discussion with the Board. Councilman Goetz-Why do you have to sign the purchase order? Councilman Tucker-They want to spend the money. Councilman Goetz-That way it is on the audit? Supervisor Brandt -Yea, if I sign the purchase order then they can buy it then you have to approve payment at the audit. I do not have direction from the Board to tell me that is where you want to spend the money and it has raised a red flag with me and it is just something I refuse to do on my own. Councilman Goetz-Is it an in the ground one? Councilman Caimano-I presume so. Supervisor Brandt-Why don't you each look at it and we can bring it up at a later time and move it one way or the other. RESOLUTION TO ADJOURN RESOLUTION NO. 394, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz: RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns. Duly adopted by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury