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1995-04-24 SPECIAL TOWN BOARD MEETING APRIL 24, 1995 4:05 P.M. MTG#26 RES#257-264 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Theodore Turner Councilman Nick Caimano Councilman Carol Pulver (entered meeting 4:25 p.m.) TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Helen Otte, Scott Harlicker, Jim Martin, Sue Cipperly, Paul Naylor, Cathy Geoffroy PRESS POST STAR SUPERVISOR CHAMPAGNE-Called meeting to order. DISCUSSIONS FIREIEMS CONSULTANT Discussion held regarding FirelEms Consultants. Supervisor Champagne spoke to the Board regarding the proposal received from MMA Consulting firm, noted they agreed to be consultants, awaiting proposal to approve plan. Requested board members to look at proposal if all are in agreement will have Attorney Dusek prepare resolution for Monday's meeting. NAMING OF PRIVATE ROADS - SNUG HARBOR/CARPENTER LANE RESIDENTS PRESENT KEVIN TOOMEY, BARBARA TOOMEY, DIANNE BARBER, DICK CUTTING, AND OTHER RESIDENTS MAP OF AREA PRESENTED AT MEETING SUPERVISOR CHAMPAGNE-Read the following letters into the record. April 24, 1995 To: Mr. Fred Champagne and Members of the Board: Re: Carpenter Lane We understand the direction and the urgency of the 911 program. We own approximately 235ft. of an existing right-a-way which is now subject to be re-named. We were surprised to learn that there has been a varied amount of discussion concerning this matter and are confused as to how all this developed. As there has been no contact with us in any form regarding this, we are here at this meeting to express our feelings. There have been numerous variances, none of which, we have ever opposed because we believe that the owners of the property who pay the taxes should be respected and considered. We are here to state that we should have been notified and consulted. Although this should not have become a "large" issue, I had an opportunity to listen to a tape of the last meeting and was surprised that a group of individuals had delegate themselves to re-name this area. The proposed name is not offense, however, the lack of respect is. Any repairs have been necessary from usage by these people. We have attempted since 1955 to live at peace with our neighbors. Although it would seem from time to time that some of our neighbors would like to have the say of what we do with our property. This property was conveyed to us in 1955. The previous owner had paid at least 30 years in taxes. This makes approximately 70 years combined between the Carpenters and the Toomey's. Out of respect for the family and the history of these properties we request that this be left as it has been "Carpenter Lane". Sincerely, Howard, Barbara and Kevin Toomey P.S. Thank you for your time and consideration in this matter. To: Frederick Champagne, Supervisor Mrs. Betty Monahan, Ward 1 Councilman Mr. Theodore Turner, Ward 2 Councilman Mr. Nicholas Caimano, Ward 3 Councilman Mrs. Carol Pulver, Ward 4 Councilman Mr. James Martin, Planning Director From: Mrs. Dianne Barber, Property Owner Carpenter Road/Carpenter Lane As owner of two pieces of property on Carpenter Lane I urge you to retain this historically significant property name. Additionally, I am concerned that as a property owner I received NO phone notification or written correspondence as to these proceedings and understand that there was a meeting held over a week ago with public comment. My family has owned property now belonging to Howard and Barbara Toomey along with other acreage on Carpenter Lane. My rights as a property owner have been disregarded and discounted; I question the intent for procedure to date. As the owner of a significant amount of property on the right way I am questioning why my property rights were not acknowledged and my input not requested. This property has been historically known as Carpenter Lane and is a tribute to: 1. Mr. and Mrs. Carpenter both direct descendants of FOUNDING Queensbury. families of the Town of 2. The Carpenter's who owned and operated a business enterprise known as Carpenter's Pavilion on the southern shore of Lake Sunnyside, and employed 3 generations of the Carpenter family, along with many people who still live in the Lake Sunnyside area. 3. Mr. Preston Carpenter who served as a deputy Sheriff in Warren County. 4. The Carpenter's who donated a parcel ofland for improvement County. of road system in Warren 5. The Carpenter's who sold land for the development of Sunnyside recreational asset to the Town of Queensbury. Par 3 Golf Course-a 6. The Carpenter's who owned and managed a farming business enterprise at Lake Sunnyside, including mile, poultry and an ice harvesting business which served the community. 7. Mr. Carpenter a trustee, and clerk of neighborhood school district. 8. Mr. and Mrs. Carpenter, founders and original owners of Sunnyside Dairy. 9. Three generations of Carpenter descendants that continue to live at Lake Sunnyside. You can send the message to the members of our community that we respect the efforts of our ancestors by retaining the name Carpenter Road/(lane) at Lake Sunnyside. You can send the message to property owners that the property rights of all citizens will be honored; I urge your support on this designation. Thank you for your attention to this detail. SUPERVISOR CHAMPAGNE-Questioned who has the rights for naming a private road owned by an individual. COUNCILMAN CAIMANO-Questioned what were the orders from the State and County? EXECUTIVE DIRECTOR, MR. MARTIN-Noted they want to get the addresses established. They look for the local municipalities to assign names. COUNCILMAN PULVER-Questioned if there was any reference to Carpenter Lane in the deeds. MRS. BARBER-Questioned if they did find reference to that name does that become the name? COUNCILMAN MONAHAN-Noted this is not a private road it is a private right-a-way. Only the people that are given the permission to go over the right-a-way in their deeds can use it. MRS. BARBER-Has been referred to as Carpenter Road on tax notices suggested proceeding along that way. COUNCILMAN CAIMANO-Questioned where on the tax map it was named? MRS. BARBER-Again questioned if she could find it on a tax map that would be the consideration for retaining the name. COUNCILMAN CAIMANO-Noted that was exactly what was said last week. MRS. BARBER-Presented at meeting tax map locations that denote Mr. Cutting's pieces of property are bound by Carpenter Road the Barber property bound by Carpenter Road, noting she acquired information from Warren County. MR. CUTTING-Noted if this had a previous name no one else knows about it. Apologized to Mrs. Toomey for not notifying her. COUNCILMAN MONAHAN-Requested Jim Martin to check into letter that was presented to property owners for clarification purposes. TOWN BOARD-After further discussion it was the decision to discuss this at Monday's meeting to make a decision. WEEKS ROAD Discussion held regarding realignment of Weeks Road. COUNCILMAN MONAHAN-Recommended keeping the road far away from the apartments houses and stockade it. PAUL NAYLOR, HIGHWAY SUPERINTENDENT-Will swing turn as far as they can making it as legal as possible. COUNCILMAN TURNER-Recommended making the old Weeks Road a right hand turn only coming out in order to ease traffic congestion. EXECUTIVE DIRECTOR, MR. MARTIN-Has looked into trying to route the trucks through the parking lot, will not require major redesign work. SUPERVISOR CHAMP AGNE- To see a redesigned road soon from Mr. Schudder. PAUL NAYLOR, HIGHWAY SUPERINTENDENT-Noted the present design meets the qualification of the road. EXECUTIVE DIRECTOR, MR. MARTIN-Noted from a practical standpoint one of the property owners does not want to see reconstruction during the tourist season, noted he wants before Memorial Day or after Labor Day. COUNCILMAN TURNER-Questioned what is going to be done with Sweet Road. COUNCILMAN CAIMANO-Noted no trucks, lower speed limit, stop sign at bike trail. COUNCILMAN MONAHAN-Suggested posting stop signs everywhere where the bike trail crosses, noting Glen Lake Road is a hazard. ATTORNEY DUSEK-Encouraged the board to retain a traffic engineer to give the board recommendations for concerns that have been raised. SUPERVISOR CHAMPAGNE-To bring concerns to Warren County regarding the bike trail on both roads, Glen Lake in particular also to talk to the Glens Falls Transportation Council. CERTIFIED SCHOOL DISTRICTS MS. OTTE, TOWN ASSESSOR-Spoke to the Board regarding certified school districts. Lake George School District has asked the four Town's that comprised the school district which is Lake George, Queensbury, Bolton, and Fort Ann to study the possibility offorming a certified school district. A certified school district is a school district that sets a school tax rate based on assessed value without mitigation by equalization rates. Some of the prerequisites of a certified school districts are that all four of the Town's be assessing at the same level of assessment the same percent of market value. Noted that the Town's are at different levels at the current time equalization rates are very different. We have a potential large shift back to Queensbury if we calculate the tax rate without the equalization rates that would be the main impact on the Queensbury share. Supervisor Champagne formed a committee to look at the situation and offer input to look at the Queensbury side of the issue. SUPERVISOR CHAMPAGNE-Recommended based on the committee's input that at this point the Town reject the idea possibly in the future the Town may want to reconsider. Attorney Dusek to prepare resolution for next meeting. AMENDMENTS TO ZONING CODE Discussion held regarding changes to waterfront residential zone - Section 179. Executive Director, Jim Martin spoke to the Board regarding changes. Changes would include maximum building height and front yard designation. Habitable space and nonconforming structures and uses. Floor area ratio. Discussion of typical lot sizes and possible change in regard to side yard setbacks for pre-existing, undersized lots. Discussion of "guest house" should it be considered a detached part of the principal building or should it be on the accessory use list? Lake Areas and Hudson River typical lot sizes. Executive Director, Mr. Martin, noted if the Board is in agreement with this the next step would be to schedule a public hearing to change the ordinances, Town Board in agreement. P ARlLLO MOBILE HOME OVERLAY EXECUTIVE DIRECTOR, MR. MARTIN-Spoke to the Board regarding Forest Park Mobile Home Park. COUNCILMAN MONAHAN-Requested that where the mobile homes are exposed to the residences that they require landscaping in that area. SUPERVISOR CHAMPAGNE-Noted residents in the area are opposed to expansion of mobile home park in a single family home area. COUNCILMAN PULVER-Questioned the Board what the stipulations were? COUNCILMAN TURNER-Suggested buffering the roadside where the trailers backup to VanDusen Road. COUNCILMAN PULVER-Noted that this would be something the new Compliance Officer could check on with complaints. Recommended having buffering along VanDusen Road. EXECUTIVE DIRECTOR, MR. MARTIN-Questioned what form of buffering the board would want? COUNCILMAN MONAHAN-Noted vegetative where it is appropriate. COUNCILMAN TURNER-Recommended keeping some of the tree covering. EXECUTIVE DIRECTOR, MR. MARTIN-Noted they could set forth limits of clearing. PETITION FOR CITY/TOWN TO ESTABLISH CITIZENS ADVISORY COMMITTEE TO STUDY WATER COOPERATIVE VENTURES SUPERVISOR CHAMPAGNE-Noted that Tom Nace and Ron Stewart have agreed to serve for the Town of Queensbury along with Councilman Pulver, meetings to be set at later date. ETHICS SUPERVISOR CHAMPAGNE-Spoke to the board regarding the ethics update noting he has received seven applications. Interviews to be set for Tuesday, May 2nd, 1995 at 4:30 p.m. COUNCILMAN CAIMANO-Spoke to the Board correcting his statement regarding comments that were published in the newspaper regarding the Ethics Board. POSITION FOR SENIOR CITIZENS COORDINATOR SUPERVISOR CHAMPAGNE-Spoke to the Board regarding job description for senior citizen coordinator. Noted they are going from two part-time people to one full-time person. Met with the Senior Executive Board noted they are in agreement. Town Board in agreement with description and position. SEWER BONDING REFINANCING CATHY GEOFFROY, COMPTROLLER-Spoke to the Board regarding memo on sewer refinancing. Has spoken with Rick McCarthy regarding potential savings. Questioned the Board if they want to move forward? After further discussion the Board was in agreement to move to the next step. RESOLUTIONS RESOLUTION OF APPRECIATION RESOLUTION NO 257, 95 INTRODUCED BY THE ENTIRE TOWN BOARD WHEREAS, the Town Board of the Town of Queensbury has accepted with regret the resignation of Mrs. Betty Eggleston, as Receiver of Taxes for the Town of Queensbury, dated April 30th, 1995, and WHEREAS, Mrs. Betty Eggleston has been a life long resident of the Town of Queensbury and has served this community with distinction, and WHEREAS, Mrs. Betty Eggleston over thirty years ago was named Deputy Receiver of Taxes under then Receiver of Taxes Forest Crannell and as Part Time Bookkeeper under Receiver of Taxes Marie Purchla and then became the Town of Queensbury Receiver of Taxes, and WHEREAS, Mrs.Betty Eggleston is greatly admired by her fellow employees both past and present and by the people of the Town she has served. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the residents of the Town of Queensbury, wish to express it's sincere appreciation to Betty Eggleston for the time, effort and talent that she has generously contributed toward making the Town of Queensbury a "GOOD PLACE TO LIVE". GIVEN under the SEAL of the Town of Queensbury this 24th day of April in the year One Thousand Nine Hundred and Ninety Five. FRED CHAMPAGNE, TOWN SUPERVISOR NICHOLAS CAIMANO, COUNCILMAN BETTY C. MONAHAN, COUNCILMAN THEODORE TURNER, COUNCILMAN CAROL A. PULVER, COUNCILMAN RESOLUTION PROCLAMATION SENIOR CITIZEN MONTH RESOLUTION NO. 258, 95 INTRODUCED BY: MRS. BETTY MONAHAN WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. NICK CAIMANO WHEREAS, the Town of Queensbury benefits from the numerous contributions made by our Senior citizens, which contributions are invaluable to the general welfare of all the citizens of our Town, and WHEREAS, because of the substantial contributions made by our Senior Citizens, it is important that we recognize the elderly as one of our most vital and significant human resources, and WHEREAS, it is traditional in the Town of Queensbury, and in New York State, to set aside a special month in honor of our Senior Citizens, and WHEREAS, government has many programs administered by the State, County and Town which offer opportunities to the elderly and to all our citizens to benefit from the contributions to our society, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the residents of the Town of Queensbury, do hereby proclaim the month of May as SENIOR CITIZENS MONTH in the Town of Queensbury. GIVEN under the SEAL of the Town of Queensbury this 24th day of April in the year one thousand nine hundred and ninety five. FRED CHAMPAGNE, TOWN SUPERVISOR Duly adopted this 24th day of April, 1995, by the following vote: Ayes: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO.: 259,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain departments have requested transfers of funds for the 1995 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 1995 budget: COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-3620-1370 (Asst. Bldg. & Zon. Enf. Officer) 01-8020-4130 (Legal Services) 9,000. 01-3620-4400 (Misc. Contractual) 01-8020-2010 (Office Equipment) 900. 01-8030-4400 (Misc. Contractual) 01-8020-2010 (Office Equipment) 1,000. ASSESSMENT: FROM: TO: $ AMOUNT: 01-1355-1079 (Property Tax Servo Assistant PT) 01-1355-1079-0002 (Property Tax Servo Asst. PT - Proj. Overtime Earnings) 200. and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 24th day of April, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPROVING DEED OF CURTIS S. AND MARlON I. ROWLAND TO THE TOWN OF QUEENSBURY RESOLUTION NO.: 260, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, a Deed has been presented at this meeting which would convey property from Curtis S. and Marion I. Rowland to the Town of Queensbury, and WHEREAS, the purpose of the conveyance is to provide a turn-around area for Town highway trucks and equipment needed as a result of an abandonment of a portion of Fuller Road, previously consented to 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 the Deed conveying the property to the Town of Queensbury and hereby accepts the property with the understanding that there will be no charge for the same, and hereby further authorizes and orders the Town Supervisor to execute any instruments that may be necessary to accomplish the filing of the Deed on behalf of the Town of Queensbury and to place the seal of the Town on said documents. Duly adopted this 24th day of April, 1995 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD COUNCILMAN CAIMANO-Spoke to the Board regarding letter received from Supervisor Champagne regarding a complaint from a citizen concerning theft of services. ATTORNEY DUSEK-Recommended the matter be discussed in executive session under attorney/client counseling regarding the matter. DISCUSSION HELD COUNCILMAN TURNER-Spoke to the Board regarding a letter from Susan Whiting on Glenwood Avenue regarding parking on Glenwood Avenue. Recommended that the road be posted no parking on both sides on Glenwood Avenue. SUPERVISOR CHAMPAGNE-Questioned the status of the FireIRescue? COUNCILMAN CAIMANO- To contact Mike McCarthy. Questioned the Board as to what they would like to do with the resolution from the Glens Falls Chambers of Commerce? SUPERVISOR CHAMPAGNE-Spoke to the Board regarding the extension of the water treatment plant bid. After further discussion the following resolution was passed. RESOLUTION EXTENDING BID DATE WATER TREATMENT PLANT EXPANSION RESOLUTION NO. 261, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby ratifies the actions in moving the bid date for the Water Treatment Plant Expansion Contract to Friday, April 28th, 1995. Duly adopted this 24th day of April, 1995, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne Noes: None Absent:None DISCUSSION HELD COUNCILMAN MONAHAN-Spoke to the Board regarding the letter from the Chambers of Commerce noted that the Town will certainly cooperate in any joint study with the City of Glens Falls. SUPERVISOR CHAMPAGNE-Spoke to the Board regarding an upcoming vacancy in the Building and Grounds Department. Noted they will be moving it to the night shift to advertise for a cleaner. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 262, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss one matter attorney/client privilege and non-union salaries. Duly adopted this 24th day of April, 1995, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Mr. Champagne, Mr. Turner Noes: Mr. Caimano Absent:None COUNCILMAN CAIMANO-I don't agree with that. I think that this is a very public letter. I think that we get hung up on what's attorney/client privilege and what isn't. I think we need to clarify the matter. I give you my word that you can have this letter for that matter that I will not say anything to anyone, but I will not take part in executive session on this matter. If you feel there is something I should know afterwards then that's fine. This is not an executive session if there was a potential litigation we could dream up potential litigation for everything we do here, I'll say that again on the record. This is not potential litigation this is an argument between two citizens and we're liable to get caught right in the middle of it worse than we think. That's the reason I can't participate in it and I vote no. RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 263, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 24th day of April, 1995, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne Noes: None Absent: None Abstain:Mr. Caimano RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 264, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 24th day of April, 1995, by the following vote: Ayes: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None No further action taken. On motion the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury