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