2005-04-25 MTG19
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 212
REGULAR TOWN BOARD MEETING MTG#19
APRIL 25, 2005 RES#196-215
7:05 P.M. B.H. 11
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ROGER BOOR
COUNCILMAN THEODORE TURNER
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN COUNSEL
ROBERT HAFNER
TOWN OFFICIALS
EXECUTIVE DIRECTOR, COMMUNITY DEVELOPMENT, MARILYN RYBA
DIRECTOR OF BUILDING & CODES, DAVE HATIN
DIRECTOR OF WASTEWATER, MIKE SHAW
SENIOR PLANNER, STUART BAKER
PRESS
POST STAR
TV 8
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER
SUPERVISOR STEC-Opened meeting
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 195, 2005
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Roger Boor
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular
Session and enters into the Queensbury Board of Health.
th
Duly adopted this 25 day of April, 2005, by the following vote:
Ayes: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
Noes: None
Absent:None
PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT &
VICTORIA GLANDON
OPENED
NOTICE SHOWN
AGENT DENNIS MAC ELROY FROM ENVIRONMENTAL DESIGNS & MR. & MRS.
GLANDON PRESENT
DENNIS MAC ELROY-I’m Dennis Mac Elroy from Environmental Design
representing Bob and Vicky Glandon property owners on Knox Road, Assembly
Point with an application for a variance from the Sanitary Ordinance related to a
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 213
setback from the absorption field to a dwelling. I’ll give you a little summary of
the system. This is a replacement system for a septic system that it is the range of
sixty years old. The Glandon’s are new owners to the property and one of their
first priorities is to upgrade the septic system to compliant components with the
Town and Health Department regulations. In doing that and replacing absorption
field on the site there is a requirement to be closer to the dwelling than the twenty
foot standard. Bob can give you an explanation of the background of the
ownership then I’ll explain where the existing system is.
BOB GLANDON-We bought the house a year ago December from Carol Hurst, I
think she had lived there thirty-five plus years in that area. When we started
looking the realtor showed us this listing, but before even taking us there said; here
is what they are asking for it and you better factor in a new septic system at the
same time. It was explained to us as being old and kind of limping along. The
prior owner was a single person that lived there throughout the summer. After we
bought it I think she was turning over keys and we were buying her couch from her
and stuff like that she started to give us more background on it. She was taking
showers at the house once a week, using the gym or swimming and stuff. The idea
of flushing the toilet once a day, so we limped along with it last summer, I think
limp is the right word. In talking to the next-door neighbor he pointed out that the
area where the leach field is in his property he said that it is interesting that the
grass is really always greener between your tank and the lake. As far as we know
everything is still okay, but the tank is old and we planned on it and wanted to just
get it replaced. I, now have three grandkids they live in Indiana another daughter
on the fly someplace right now so we’ve got one or two weeks of summer where
the family and grandkids are up. The kids are swimming in the water there and I
want to make sure it is as clean as possible plus our drinking water comes from just
off shore that’s why we wanted to fix it.
MR. MAC ELROY-Let me continue and just explain where the existing system is.
We’ve done some research with some historical records that I got through the Park
Commission and this was related to the 1973 Sanitary Survey that was an
inventory of all the watershed properties within Lake George. I happened to be
involved in that as a college student at the time so I’m pretty familiar with it. That
record shows that there is a septic tank on the north side of the house as shown on
the plan. With an indication of two tile lines which have to extend into the
neighboring property. On the southerly side of the house there is a drywell of
some sort a seepage pit of some sort that takes the discharge from the kitchen sink
and a washing machine in the kitchen. What we would propose is to combine
those flows with a pump unit to pump to a septic tank and then gravity feed two
elgen runs as shown on the plan. It is a system that is compliant with today’s
standards. Certainly systems that were built fifty and sixty years ago don’t comply
with today’s standards. We did excavate to the top of the septic tank and
determined that it’s a metal tank with a wooden cover. Bob had spoken to a
seepage hauler that had serviced that tank in the past found that from his
explanation that the metal cover had deteriorated and that the owner had previously
or someone for the owner had put a wooden top on it; so that in itself is a less than
desirable situation again, we want to propose a replacement to today’s standards.
I’ve done test pits and perk tests on the site test pits originally back in December.
We’ve repeated those recently during this time frame of April when the high
seasonal groundwater would be expected we witnessed that and there is no
groundwater condition in that area, as I didn’t expect anyway because of the nature
of the soils and the land. Perk test were done in the beginning of April and came
out actually a little bit better than the estimate than I had originally made we all in
within proper standards for soil. The one thing that we are looking for is the
setback to the dwelling five-foot relief.
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SUPERVISOR STEC-I’ll declare the public hearing opened. I will first ask if the
board members have any questions that they would like to ask the owner or Mr.
Mac Elroy before we take public comment.
COUNCILMAN BREWER-Dennis are there plans or expectations of removing the
house and starting over.
MR. MAC ELROY-I’ll let the owner answer that.
MR. GLANDON-I’m not currently playing the lottery, I think the answer is no we
bought the place as an old style camp. As a kid I used to live up in Michigan these
are the places around me. It’s fine for us and it fits our family when they come.
COUNCILMAN BREWER-You have no intention of redoing the house?
MR. GLANDON-No. I have to be cautious at some point, I would hope to retire
and when that happens, I might want to insulate some of it so I wouldn’t be quite
as cold as last night.
COUNCILMAN BREWER-I understand that. I guess some of the conversations
we’ve had are a fear that we are going to approve this variance and then all of a
sudden you are going to be back looking at demolishing the camp and rebuilding a
new home. Some of our fears are that we are going to let you build a system that’s
going to be more than adequate for this then you’ll be able to do the bigger home,
etc.
MR. GLANDON-We have no plans to do that. We stretched ourselves to get in
here.
COUNCILMAN BREWER-I understand. I just have to ask the question that’s all.
MR. GLANDON-I like what’s there. I don’t necessarily love some of the new
things that are going in.
COUNCILMAN BREWER-I understand that.
SUPERVISOR STEC-Any other Town Board questions at this point? Any
members of the public like to comment and like to questions about this hearing? It
is a sewage disposal variance 63 Knox Road. The relief being sought is five feet
from the required twenty feet setback from the dwelling. Fifteen feet instead of
twenty feet that is in fact the only variance being sought, any members of the
public?
JOHN SALVADOR-Good evening gentlemen. The Glandon application and its
supporting design details manifests a continued effort to set the stage for the
conversion of an already over-developed seasonal recreational used into a multi-
seasonal, if not a year-round residential use which will in all likelihood be equally
over-developed. All of this is being furthered on a substandard lot in a Critical
Environmental Area. The CEA was established along the shores of Lake George
almost twenty years ago. The over-developed of which, I speak is basically that of
a century old two-bedroom camp including a non-compliant add-on which has a
loft feature. Add to this more than a few accessory structures one a cabin, with a
deck, the other a detached garage and you have the over development picture on a
long and narrow ten thousand square foot lot. There can be no question that the
dilapidated state of the affairs related to the handling and treatment of wastewater
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 215
required immediate remediation. However, there is no cause to create a situation
whereby the intensity of development on this non-conforming lot will be allowed
to ratchet up once more. This board should not turn a blind eye to the practical
difficulties inherent in the use of the Eljen In-Drain units, as these difficulties have
been imposed by the Eljen Corp in the form of recommendations associated with
the design and installation of on-site wastewater systems of which the In-Drain
units are only one component. Day-to-day household use restrictions are
obligatory in order to satisfy the Eljen Corporations warranty requisites. I believe
there are suitable wastewater disposal alternatives to this misadventure in land use.
At the same time the intent of Section 136-18 as is stated in its prelude can be
satisfied. Quote. “The local Board of Health may vary from the requirements of
this part if unnecessary hardship would deprive the owner of the reasonable use of
the land involved.” Concurrently you are bound by the same Section 136-18 A (3)
to find that in granting any variance, that it be the minimum variance allowed and
still achieve the purposes of the Code. First this Board has to come to grips with
what reasonable use it might consider appropriate all circumstances considered.
After that, the minimum allowable variance should easily fall into place. The only
variance being sought tonight is that of separation distance from the seasonal
dwelling being served to the proposed absorption field. This is an
oversimplification of the relief required to satisfy the relevant codes. It appears
that a variance from the requirements of Section 136-7 A has been overlooked.
The proposed design does not conform of the compliance standards of Town Code
Chapter 136 Section 136-7 A and, therefore, can only be permitted as an alternate
system per Section 136-7 B. As an alternate system it must conform to the
requisites for a fill system as specified in Section 136-10 or an application to the
DOH or even the DEC is necessary per Section 136-7B. I am not aware that such
applications have been made. What is this all about? Section 136-10B (2) states in
relevant part the maximum allowable existing natural ground surface slope for a
built-up system shall be ten percent. I assume a built-up system is the same as a
fill system. The manufacturer of the Eljen In-Drain units, which is a non-standard
fill system, implies that a maximum site slope of ten to fifteen percent not be
exceeded. The Glandon site on Assembly Point has a fairly uniform topography,
which actually slopes twenty to twenty five percent down hill towards the
waterfront. This characteristic along renders a fill system, which is not a
conventional system and particularly an Eljen System which is a modified fill
system, as incompatible with site conditions. As the site slopes exceed twenty
percent they are at least a hundred percent more than the constraints of Section
136-10B (2) of the Town Code Chapter 136. Deviations of such a magnitude are
considered substantial and are unthinkable in a Critical Environmental Area in
close proximity to a drinking water reservoir. Even if the applicant can obtain a
waiver to exceed the maximum slop limitation, they have failed to meet the criteria
necessary for the excavation of five feet below the elevation of the infiltration
structure. The drawing shows that the depth of that structure to be thirty inches,
five feet. On top of thirty inches is ninety inches and they only went down
seventy- five. There may be good reason for this shortcoming. If so, it should be
stated on the drawings. This could lead to the realization that bedrock removal is
necessary for the installation of the septic tank. There is another seasonal use
dwelling on the premises called a cabin. The separation distance from it to the
proposed adsorption field has not been delineated on the site plan. Presumably, the
cabin has sleeping quarters and at least an Adirondack shower bath. Where does
any wastewater generated from this unit discharge? If there is another absorption
field on this site, it should be mapped and the sensitivity of two dissimilar
absorption fields less than 30 ft. apart analyzed for their impacts on each other.
Without rehashing the limiting conditions and prohibitions on the use of Eljen In-
Drains, I believe these In-Drain units are suitable for non-residential dwellings
where soils are relatively good, the terrain relatively flat, recommended separation
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 216
distances can be met and that it services a summer seasonal cabin or cottage where
the need for water conservation is appreciated and practiced and, most importantly,
there is no other alternative. There are at least two other solutions available. One
necessary in the short term and the other feasible in the long term. Based on the
evidence before you tonight, the short-term solution is for this seasonal use facility
to be placed on a holding tank before occupancy is allowed this season. Such an
action would be within the Board’s powers stated purpose of Chapter 136, which
reads. The purpose of this part is to promote the health, safety and welfare of the
community by ensuring, through the location, construction, and use of properly
designed facilities, that sewage and other wastes are disposed of in a manner that
will not create a health hazard, adverse affect on the environment or impair the
enjoyment or the use of the property. The Glandon’s seasonal use of the holding
tank would not breech the prohibition of Appendix 75-A, (Public Health Code). In
addition, and because you are not dealing with a long-term use for a year-round
new home construction, this Board can rely on the very narrow window of
approval given by the NYS DOH via the interpretive letter to Counsel Mark
Schachner, dated June 8, 1998. Quote “When and existing subsurface treatment
system fails and site conditions are unsuitable for construction of a replacement
system, local officials may authorize installation of a holding tank to address the
problem.” The authorization for the use of a holding tank in this instance can be
accomplished within the powers given the officer assigned to enforce Chapter
reads in relevant part. “An individual sewage disposal system shall be deemed to
have failed if groundwater or surface water is shown to contain sewage which has
leached from the system. The enforcement officer, in his sole discretion, may
conduct or cause to be conducted further testing, including water sampling or
excavation, to determine what has caused the failure and how it should be re-
mediated.” Call it hardball if you will, but I have observed “hard-ball” tactics
employed elsewhere in this Town. In the long term there is probably area available
to the rear of the site for a conventional wastewater infiltration system if the cabin
is removed. This would allow the Glandons to proceed with an ecologically sound
project even if it does involve the building of a three bedroom year-round
residential dwelling on a sub-standard lot. Thank you.
SUPERVISOR STEC-Anyone else from the public like to comment on this public
hearing this evening? Applicant and Mr. Mac Elroy you may want to come up.
Town Board members any other questions or Mr. Mac Elroy I don’t know you
want to response to any or all of the public comment?
MR. MAC ELROY-Just a simple response is that this isn’t a fill system.
COUNCILMAN STROUGH-What is it?
MR. MAC ELROY-There is no water use or supply to that cabin.
COUNCILMAN STROUGH-What is the slope of this area?
MR. MAC ELROY-In the area where the field is and it’s a step system, one trench
is higher than the other serial distribution as called for. Whether it’s conventional
or Eljen design that’s appropriate, but it is in the range of fifteen percent. It is one
of the reasons we selected that little plateau area because that is a suitable location
slope. Otherwise upgraded it, it is steeper. Down grading it you are closer than a
hundred feet and there is no location to do it. There is a limited area that it is
reasonable to propose a replacement system and that’s it what you see on the plan.
COUNCILMAN BREWER-The slope here is three forty eight where he has it. It’s
only four feet where the cabin is the elevation is only four feet higher. The line
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 217
through the cabin I don’t know why it stops there because they don’t know what
the elevation is further as you go back.
MR. MAC ELROY-It gets steeper.
COUNCILMAN STROUGH-From the cabin to the road is actually steeper?
COUNCILMAN BOOR-Three fifty-two at the cabin.
COUNCILMAN BOOR-The rock walkway that goes to the wood deck?
MR. MAC ELROY-It’s rock along the side that’s what that refers, too.
MR. GLANDON-Two paces, step up, two paces, and step up. Then they’re kind
of like rough stairs up next to the garage.
MR. MAC ELROY-That is a steeper area and there is more vegetation in that area
some small white pines.
MR. GLANDON-The back of the garage you can walk under the garage at the
back corner so that gives you an idea compared to the road upfront it’s got to be
eight feet just the length of that garage.
COUNCILMAN STROUGH-You said that the cabin currently does not have
plumbing. Do you plan on putting plumbing through the cabin?
MR. GLANDON-It’s got the dryer in there. I wouldn’t mind moving the washer
up there if we could get over to the tank, but I don’t we can make it. It is a small
cabin so if we move the washer up with the dryer obviously it would give up some
room in the kitchen.
COUNCILMAN STROUGH-That’s the cabin?
MR. GLANDON-That’s the north side of the old house.
MR. MAC ELROY-The cabin is eight by twelve.
MR. GLANDON-The side picture showed that it was the north side of the original
cabin. Then there is the piece up the hill from it, which is the ninety-six.
COUNCILMAN STROUGH-The cabin currently has a dryer in it?
MR. GLANDON-Down in the kitchen the washer is there the dryer is up in the
cabin.
COUNCILMAN STROUGH-That’s what I asked the dryer is in the cabin?
MR. GLANDON-I’m sorry, I call the whole thing a cabin.
COUNCILMAN STROUGH-I mean the little cabin not the big cabin.
MR. GLANDON-It just has a dryer.
COUNCILMAN STROUGH-Dennis, I believe you revised the system and you are
venting the pump system into the structures vent system?
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 218
MR. MAC ELROY-Correct.
COUNCILMAN STROUGH-The only remaining question, I remember from last
time is if the filter clogs what kind of system do we have?
MR. MAC ELROY-There is a provision noted in the design about having a relay
switch at the septic tank. It would note at a high alarm or a blockage situation it
would be connected to the control system of the pump.
COUNCILMAN STROUGH-The alarm would be in the house?
MR. MAC ELROY-Correct.
COUNCILMAN STROUGH-We’re going to abandoned the old system. Is there
anything we have to do according to the Department of Health?
MR. MAC ELROY-Typically what’s done for a septic tank if it isn’t actually
removed you would just pump it and fill it with suitable fill. That’s what’s on the
plans and that’s what would be proposed.
COUNCILMAN STROUGH-There is no required removal procedure from the
Department of Health?
MR. MAC ELROY-Correct.
COUNCILMAN STROUGH-One of Mr. Salvador’s concern was that you only
went down seventy-five inches.
MR. MAC ELROY-Based on what you see there, yes. It was the original test pit
that was done in December. We’ve done a test pit in April again, in accordance
with the determination of high seasonal groundwater and the test pit went to seven
and a half feet, which would be seventy-eight inches. Now the Eljen system is in
that range it indicates thirty-inch maximum in depth that can be higher as in a
shallow absorption system, which is a specified and listed type of system in the
DOH standards. I don’t see any issue there as far as having that separation.
COUNCILMAN STROUGH-So the reason why you went down seventy-eight
inches was not because you hit bedrock?
MR. MAC ELROY-No. We went farther it was the determination of high seasonal
groundwater it was good easy digging so it wasn’t an issue.
SUPERVISOR STEC-Dennis you had said you went down seven and a half feet
that’s ninety inches. Did you go down six and a half?
MR. MAC ELROY-Seven and a half feet that’s ninety inches, excuse me. Thank
you, Dan.
SUPERVISOR STEC-Sorry it’s just a compulsion of mine I hear numbers. Ted or
Roger?
COUNCILMAN BOOR-I told a couple of you before. I’ve got a couple questions
legal issues that I kind of like to have Counsel address they are not able to do it at
this point in time. I think rather than make a decision I’d like to get those answers
first.
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 219
SUPERVISOR STEC-Do you have any other questions tonight? I don’t have a
problem doing that?
COUNCILMAN BOOR-No, not really.
SUPERVISOR STEC-Ted any other questions.
COUNCILMAN TURNER-He answered them I asked him before about it so I
think I’m set with him right at this point.
TOWN COUNSEL, HAFNER-We don’t envision any problem with answering
them this week.
SUPERVISOR STEC-Right. There are a couple of legal questions that we would
like our Counsel to answer for us before we act on this tonight. I don’t think that
we’re going to need any more answers from you the applicant tonight. So, what
I’ll do is I’ll close the public hearing.
PUBLIC HEARING CLOSED
SUPERVISOR STEC-We’re going to ask our Attorney to look into a couple of
things for us and get back to you. We might have this right back on the agenda a
week from tonight.
MR. MAC ELROY-Is their any ability to share any of that just so we have an
understanding?
COUNCILMAN BOOR-It wouldn’t do any good. It’s nothing that has anything to
do….
MR. MAC ELROY-It’s not a technical issue?
SUPERVISOR STEC-You’ll hear from the Town in the next few days. It won’t be
a surprise to you. If we get our answers to our own questions then we might be
able to bring this back a week from tonight.
MR. MAC ELROY-Would it be recommended is it necessary that the owner be
here?
SUPERVISOR STEC-That was my only concern because I hate doing that. I don’t
know if you are local or coming from Missouri?
MR. GLANDON-We’re down in Connecticut, but its three hours.
COUNCILMAN BREWER-In fairness to the applicant should we at least let them
know what our concerns are, what are questions are?
COUNCILMAN BOOR-It’s a legal question.
SUPERVISOR STEC-It’s a legal question. It’s has nothing to do with your
application.
TOWN COUNSEL, HAFNER-Not with the technical issue.
SUPERVISOR STEC-Once we have these answers we will let you know and it
may not be necessary for you to come back at all.
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 220
COUNCILMAN BREWER-I’m uncomfortable you are putting everybody in the
dark; I don’t even know what the questions are.
COUNCILMAN BOOR-It’s some…..
COUNCILMAN BREWER-If it’s affecting this application Roger, I just think its
fair that we should know.
COUNCILMAN BOOR-I think we should go on our Attorney’s advise. Our
Attorney has advised us that he would prefer to get the information before we
divulge the concern; I think that’s fine.
COUNCILMAN BREWER-Then that’s put a different way.
SUPERVISOR STEC-Again, I apologize if this is coming out like a little cloak
and dagger it is much simpler than; I think it appears right now. Assuming that we
get our answers from our Attorney in a timely manner that aren’t any great
surprises we’ll be able to communicate what, if any concerns there are. I think
we’ll be able to give you a feel whether or not we think you need to come back
here next Monday. I don’t think that the board has technical concerns at this point
or any other factual kind of what’s the situation of the application where we would
need that. This question just came up tonight I haven’t even had the chance to
really visit with the Attorney about it.
COUNCILMAN BOOR-It’s generic.
SUPERVISOR STEC-But, he is not prepared to answer it tonight.
TOWN COUNSEL, HAFNER-Can you just give me your number Dennis.
MR. MAC ELROY-My office number is 761-0317.
SUPERVISOR STEC-Again, we will try assuming we can clear up this internal
legal question in a timely manner we should hopefully be able to act on this a week
from tonight unless we find some surprisingly legal answers.
MR. GLANDON-Would it be another hearing?
SUPERVISOR STEC-We closed the public hearing so it’s now really an internal
legal question that we would like answered before we act on it. It may not have
any impact at all on what you presented tonight.
MR. MAC ELROY-Understood. Thank you very much.
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 11, 2005
INTRODUCED BY: Mr. Roger Boor
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
RESOLVED, that the Queensbury Board of Health hereby adjourns and moves
back into the Town Board of the Town of Queensbury.
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 221
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Duly adopted this 25 day of April, 2005, by the following vote:
Ayes: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Boor, Mr. Stec
Noes: None
Absent:None
CORRESPONDENCE
DEPUTY CLERK, O’BRIEN-Supervisor’s Report – Community Development –
Building & Codes on file in Town Clerks Office. Read the following letter into the
record.
Dear Bob:
I am writing to ask you to convene a special meeting of the Town of Queensbury
Planning Board to hear a pending application submitted to you by the Girl Scouts
of the Adirondack Council. As you are aware, The Girl Scouts of the Adirondack
Council have submitted a revised application to be reviewed by both the Town of
Queensbury Zoning and Planning Boards. The Zoning Board is hearing this
application in May; however, the Planning Board apparently has no room on its
May agenda due to the Board’s self-imposed moratorium postponing the hearing of
this application into June.
As you know, a portion of this application is the result of the Town’s placing a stop
work order on an ongoing construction project at the Meadowbrook site. Without
a review of this application in May, the Girl Scouts will not be able to offer
summer camp to its girls because construction cannot be completed at camp. This
will impact approximately 440 girls and their families over a six-week period. I
mention families because many use day camp as childcare.
The Girl Scouts have worked diligently with the community at raising the funds
necessary to see to it that Camp could be completed in such a manner that no
programming for the girls would be interrupted. Not only has the community
donated over $1,000,000, but the State of New York, through myself and Senator
Bruno has also committed significant State funds (taxpayer dollars) to see to it that
these projects are completed on time.
I sincerely hope you will consider helping the Girl Scouts by reviewing their
application prior to the end of May. Without your review and approval, work
cannot be completed and camp cannot open. This is a worthwhile group, and
worthwhile project, benefiting many families. I hope you share my enthusiasm for
this project.
Sincerely,
Elizabeth O’C. Little
PRIVILEGE OF THE FLOOR
LORRIE MATUSZAK, 420 BIG BOOM ROAD, QUEENSBURY-Spoke to the
board regarding the recent reval. Questioned why this was done?
COUNCILMAN BREWER-New York State Law.
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 222
SUPERVISOR STEC-Noted the answer has been published out of the Assessors
Office a few times. The best why to describe it is periodically the law requires that
in fairness to all the taxpayers of the counties that we keep our market value
assessments relatively current noting it’s been eleven or twelve years since the last
reval. The Town and the City of Glens Falls share a coordinated assessors
program there are other State incentives to combine assessments like Queensbury
and Glens Falls have done. Then we needed to agree on a time with the City of
Glens Falls and we needed to agree on whom we were going to hire to do the
assessments. Both municipalities did agreed on when to do one and who to hire
about a year ago we set the ball in motion to get the reval done.
MRS. MATUSZAK-Questioned that you the board ultimately made the decision to
do this reval?
SUPERVISOR STEC-We spend the money and it cost money to do the reval.
MRS. MATUSZAK-The reval that has been done isn’t fair.
SUPERVISOR STEC-Have you talked to our Assessor?
MRS. MATUSZAK-I have talked to the Assessors you hired noting they were very
rude.
SUPERVISOR STEC-There is a mechanism in place that you can make an
appointment to see Helen Otte, our Assessor.
MRS. MATUSZAK-I’ve made that appointment noting she is here for other
people too, senior citizens.
SUPERVISOR STEC-Assured Mrs. Matuszak that he has been talking to Helen
Otte on a regular basis and has been getting a good vibe for how this reval is going.
th
Encouraged Mrs. Matuszak to use the process Grievance Day is May 24. If
people are still not satisfied after that there are other recourses available as well.
The feedback that Helen Otte has gotten and that he has gotten noting he has asked
a lot of people as he has gone through the Town your take on it is the exception to
what I’ve heard.
LOU STONE, ASSEMBLY POINT, CHAIRMAN OF THE BOARD OF
ASSESSMENT REVIEW-Encouraged people to come forward to talk to Helen
prior to coming to Grievance Day and come into Grievance Day presenting your
case. The most important thing that the public should know that you don’t have to
appear personally. You do have to fill the form out and get it into the Assessor’s
Office before the close of our sessions on that day then we will look at each and
every application for relief it is a process that has work for a number of years.
Agrees with the Supervisor that we are way past the time for a reval recognizing
you can’t do it every year, but you can’t wait twelve years. We will be listening to
the public and will be as fair as we possibly can. We are all homeowners’ property
owners in the Town of Queensbury and we want to do what’s right for the
community.
BARBARA BENNETT-Asked for the details regarding Resolution Supporting
Collateral Source Legislation – New York Senate Bill.
SUPERVISOR STEC-The jest of this is right now is if an employee of a
municipality is injured is collecting disability or whatever right now municipalities
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 223
in the State of New York basically get hit twice for those costs where other private
employers would not, it is correcting an inequity.
TOWN COUNSEL HAFNER-The argument that is raised is that if a public
employee is injured on the job that the public employer could end up paying for
those employees’ damages twice. First in a lawsuit for damages and second in the
disability income that the employee will earn. The argument that is made in the
materials that go out to the different municipalities throughout the Town noting the
Association of Towns supported this resolution say that its an unfair thing that
costs our Towns more money to maintain.
PLINEY TUCKER, 41 DIVISION ROAD-Spoke to the board regarding the
$500,000 that Senator Little got regarding underground service asked if this goes
to Niagara Mohawk or the Town?
TOWN COUNSEL, HAFNER-Haven’t seen that legislation yet.
SUPERVISOR STEC-To answer that question we would need to know the details
on that noting he understands what the concerns are.
MR. TUCKER-Spoke to the board regarding the litigation with Niagara Mohawk
if the Town wins what do they win?
SUPERVISOR STEC-Asked if he was talking about the underground utilities?
MR. TUCKER-Yes.
SUPERVISOR STEC-They area challenging the validity of our Local Law. If we
win our Local Law stands as written.
MR. TUCKER-Questioned if there is money involved if the Town wins? If you
win the lawsuit all the lawsuit is saying is that you have the right to demand the
power be put underground?
SUPERVISOR STEC-Correct.
MR. TUCKER-Spoke to the board regarding the $65,000 for roadwork.
SUPERVISOR STEC-At Glen Lake Road?
MR. TUCKER-Asked if the expansion at the Great Escape was not going to
happen would the roadwork still be done?
SUPERVISOR STEC-The answer to that specific question is long before this
project was proposed the Town of Queensbury and others were begging for a
traffic light and an improvement to that intersection that would of likely included a
turn lane. This project has accelerated that time line whereas now when the State
was telling us no before they are now saying, yes.
COUNCILMAN STROUGH-There has been a long-standing need for the turning
lane. The Great Escape does impact the Route 9 corridor, but they are not the only
impact on the Route 9 corridor. There is justification for providing a right hand
turning lane on Glen Lake Road that is not necessarily caused by the expansion of
the Great Escape.
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 224
MR. TUCKER-Spoke to the board regarding the sales tax and the Great Escape.
Questioned if Supervisor Stec has spoken to Supervisor Nick Caimano regarding
this?
SUPERVISOR STEC-The direction that this is now heading at the State
Legislature was they were going to go back to the twenty five percent instead of
the hundred percent. Nick supported that he was the only Supervisor at the County
that stood up and actually thought that going to a hundred percent was excessive he
supported the twenty five percent.
KEVIN QUINN, OWNER OF NORTHEAST REAL ESTATE DEVELOPMENT,
APPLYING FOR AN APPLICATION FOR A TRANSIENT VENDOR
LICENSE-Spoke to the board regarding his Transient Merchant Market noting he
doesn’t think things have worked out since last year. Other vendors are coming in
and not abiding by the law. Asked before the board makes a decision tonight
regarding his license maybe they should get rid of the law.
COUNCILMAN STROUGH-You are not opposed to the law you just don’t think
it’s evenly and fairly adopted?
MR. QUINN-Not at all. Spoke to the board regarding the sign law noting that this
is not being enforced. Asked the board to get rid of the law let people do what they
want with their properties and quite living by other Town’s rules and requirements.
Asked the board if they will be making a decision tonight?
SUPERVISOR STEC-Not on that, but probably on your application.
COUNCILMAN BOOR-Six weeks ago the board had a meeting and discussed all
of the inadequacies of the laws that we had and they were almost all enforcement
issues and the Transient Merchant was one of them.
MR. QUINN-Who is supposed to enforce the law?
COUNCILMAN BOOR-There is a means by enforcement that is what we are
trying to do. If the penalty is such that it is not punitive, people will not abide by
it. One of the discussions we had relative to transient merchant that the fines
weren’t large enough and that it paid for somebody not to comply. We said that
we have to have an enforcement mechanism in place whereby the fines are such
that somebody will.
MR. QUINN-Thought that this was done last year.
SUPERVISOR STEC-We did better last year than we did the year before. We
promise more this year. What we are trying to improve the deterrent and the
enforcement.
MR. QUINN-Questioned if this is only going to be for Americade?
SUPERVISOR STEC-No.
MR. QUINN-Questioned who in the Town enforces this?
SUPERVISOR STEC-Our Code Enforcement Officer.
MR. QUINN-Who would that be?
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 225
SUPERVISOR STEC-Dave Hatin.
MR. QUINN-Questioned if he needs to get a permit this year?
SUPERVISOR STEC-Yes we will be voting on that in a few minutes.
PETER BROTHERS, WARD ONE QUEENSBURY-Spoke to the board regarding
the recent reval and the State Law noting he has done research on this specific
issue regarding various schools districts across the State and the difference in the
equalization rate has sent correspondence to the Attorney General to investigate
this issue. Spoke to the board regarding a group that has been formed called the
Queensbury Property Owners for Tax Equity to address disparities within the
system locally with figures regarding the revaluation. They will be discussing it
with the respective Counsel will bring this to the boards attention as they get the
information. Spoke to the board regarding Lou Stone, Chairman of the Board of
Assessment Review. Noting he has nothing against Mr. Stone as an individual he
has done things for the community on behalf of our group as the acting President
of Queensbury Property Owners for Tax Equity we will be submitting
correspondence to request that Mr. Stone be removed from the board for
consideration with regard to reviewing the assessment feels it would be a conflict
of interest.
BERNARD RAHILL-Spoke to the board regarding taxation noting that taxes are
not bad we wouldn’t have our society without taxes noting people need to think in
these terms. Taxes are for the benefit of the community and for society thinks that
the process that is going on here seems to be a rational process and a fair process.
Commended the board for this ask to please work to keep it fair and to make sure
that the taxation is representative of the people.
JOHN SALVADOR-Agreed with Mr. Rahill taxes are necessary, but are suppose
to be equitable and fair. Spoke to the board regarding a Queensbury Town Court
case. Spoke to the board regarding the brochure he received in the mail regarding
the proposed Recreation Center. Questioned if the referendum will be the privilege
of taxpayers or residents?
SUPERVISOR STEC-The referendum will be in accordance with New York State
Law, registered voters in the Town of Queensbury.
MR. SALVADOR-Questioned why not taxpayers in the Town of Queensbury?
TOWN COUNSEL, HAFNER-That is not how New York Law works on this one.
SUPERVISOR STEC-We are going to follow the law to a tee as we always do.
The brochure was produced by the Recreation Commission who will be having a
series of meetings for the next few weeks about that.
MR. SALVADOR-Stated the phrasing and the wording of the brochure is an
attempt to sway the outcome of a referendum noting this is wrong they should be
instructed that it is wrong. Spoke to the board regarding the letter from Senator
Little noting there seems to be some kind of a breakdown going on in the approval
process of projects. Spoke to the board regarding an application noting a
temporary CO was issued later on it was determined it was determined there were
zoning issues where the applicant had not conformed to the approvals of site plan
review. This caused the applicant to be forced to come before the ZBA for after
the fact relief noted the seriousness of this. Spoke to the board regarding Transient
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 226
Merchant Licenses recommended that it might be time for the Town to consider
business licenses.
SUPERVISOR STEC-It is something the board is exploring.
MR. RAHILL, 37 WINCREST DRIVE, QUEENSBURY-Thanked Mr. Salvador
for his comments. Spoke to the board regarding the proposed Recreation Center
and not putting your eggs in one basket; recommended having five Olympic size
swimming areas. Spoke to the board regarding recreation in the all the Wards.
KATHLEEN SALVADOR-Spoke to the board regarding the facility that got the
certificate of occupancy that should have not been issued thinks the board has to
look closer when giving out CO’s when giving final approval.
TOWN BOARD DISCUSSIONS
COUNCILMAN BREWER-The landfill is receiving brush, trees, stumps at Ridge
Road. We have a contract if you want to bring them there the fee is ten dollars a
yard, which equates to about a pickup truck. We have a contract that it will be
ground up and turned into mulch there will be a pile left at the landfill. Requested
that the Town Board have some sort of a Workshop with the Planning Board
noting he agrees with Senator Little’s letter. Received a call from a constituent on
Luzerne Road who was told that if they were to bring in all their paperwork they
would be put on the agenda. They did so the acting Chairman of the Planning
Board and two other members informed Craig Brown he should make the call and
let this person know that they won’t be on the agenda because they reduced the
agenda control from eight items to seven items. This person got caught in a
situation they didn’t understand. They could go back to the agenda control that
was instituted back when I was on the Planning Board and have eight items on the
agenda or if need be have an extra meeting. I had Marilyn get me numbers they
simply for the last year have had two meetings a month, more than forty or fifty
percent of the items have been tabled. Ten, fifteen percent are tabled one or more
times if they don’t have enough time have more meetings. Getting calls from
people that Queensbury is not a friendly place to do business noting he doesn’t like
it. Is told that the Planning Board is trying to be engineers they are not listening to
staff. Thinks these is important enough that a Workshop should be held and
discuss these issues.
COUNCILMAN TURNER-Agrees.
COUNCILMAN STROUGH-Asked if he is assuming they were tabled for not
good reasons?
COUNCILMAN BREWER-Not saying everyone wasn’t a good reason, but when
you have fifty percent of the applications getting tabled every week.
COUNCILMAN BOOR-Maybe they are not good applications.
COUNCILMAN BREWER-Maybe they shouldn’t get to the Planning Board
maybe that’s the problem, I don’t know that, that’s the problem.
COUNCILMAN BOOR-I don’t know it’s the problem either right, that we should
meet with them. If you look at the clock now and add four hours to it that’s how
long the last Planning Board Meeting lasted until twelve thirty. I can only imagine
what this board would look like at twelve thirty dealing with important issues such
as community development.
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 227
COUNCILMAN BREWER-Understands, I was on the Planning Board nine years.
COUNCILMAN BOOR-Just sitting in a room for more time doesn’t get the job
done. If the application isn’t complete if it’s not a good application it shouldn’t go
to them. Tabling usually occurs because there is a deficiency or an engineering
report that’s missing.
COUNCILMAN BREWER-The meeting he has been to or has read minutes of is
they are trying to be engineers. They don’t take the word of an engineer; they don’t
take the word of professionals that we have our own staff. It is not all deficiencies
in applications.
SUPERVISOR STEC-Workshop is not a bad idea.
COUNCILMAN BOOR-The closes we come to being a Planning Board is when
we act as the Board of Health; what did we do tonight? We did the right thing we
wanted some legal advise that we didn’t have so we said we’re not going to make a
decision we tabled it.
COUNCILMAN BREWER-Has no problem with that has a problem with the
percentage of applications that are tabled.
COUNCILMAN STROUGH-Didn’t we do nine million dollars worth of business
in the last monthly statement.
COUNCILMAN BREWER-It hasn’t changed from year to year. You have to have
some latitude and longitude noting he is not saying they are doing such a bad job,
thinks it is time they need to have a talk.
COUNCILMAN TURNER-Spent nineteen years on the Zoning Board of Appeals,
ten years as Chairman. If we had a meeting that we had to take care of we had
special meetings.
COUNCILMAN BOOR-It unfair to blame it on the Planning Board.
COUNCILMAN BREWER-Just saying its time we had this conversation with
them. I said we got a letter I didn’t say whose fault it was. There is a period time
before the meeting if you are missing something why do you have to wait until the
night of the meeting when you are in the middle of the meeting and say, you know
what I need this go to staff ahead of time we do that.
COUNCILMAN BOOR-Doesn’t know if that’s the issue.
COUNCILMAN STROUGH-It almost makes the argument for a moratorium valid
doesn’t it?
COUNCILMAN BREWER-That’s just what they are trying to do John that’s the
point I’m trying to make. They are creating their own moratorium they don’t have
the authority to do that. They asked the Town Board for a moratorium and we
said, no.
COUNCILMAN BOOR-Some of us said no.
COUNCILMAN BREWER-The majority.
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 228
SUPERVISOR STEC-Anything else Tim?
COUNCILMAN BREWER-You really don’t want to know.
SUPERVISOR STEC-I get the same calls, too. I sometimes scratch my head that
how some things that strict as pretty vanilla seem to take an awful lot of time.
COUNCILMAN BOOR-I don’t want the public believing nor should they believe
that this board dictates how the Planning Board comes to their decisions.
COUNCILMAN BREWER-I’m not saying we do, but there are a couple members
of this board that are at the Planning Board Meeting every week.
COUNCILMAN BOOR-Name one?
COUNCILMAN BREWER-Name one? John there’s one. Roger your at the
Planning Board.
COUNCILMAN BOOR-Every week. I haven’t been to a Planning Board Meeting
in months.
COUNCILMAN STROUGH-I’m at everyone I can get, too. Thanked Warren
County for the Proclamation similar to what we passed. It wasn’t just for the
communities that care it was for the community at large in communicating the risk
of drug and alcohol use to our youth. Read the letter from Stuart Bakers trip to the
National Planning Conference noting we have some good ideas and suggestions to
the board on how we might want to go on the Rush Pond Bike Trail.
PLANNER, MR. BAKER-I can come up with some suggestions has some very
good resources from the one session.
COUNCILMAN STROUGH-Thanked Mr. Baker from the comprehensive review.
MR. BAKER-Thanked the board for the opportunity it was an excellent
conference.
COUNCILMAN STROUGH-Thanked Mr. Mac Ewan for his work on the
Planning Board. Thought that he was strong and evenhanded did a very good job
at representing the community with the applications as well as representing the
interest of the applicant. Spoke to the board regarding Luther Forest noting it is
coming along they received eight million dollars in federal aid grant money for
roadway improvements going to Luther Forest. Received letter regarding what we
might want to do with Potter Road, Fox Farm Road, Aviation Road intersection.
We have talked about this probably should get engineers busy on this.
SUPERVISOR STEC-That will be a lengthy project we need to start soon.
COUNCILMAN STROUGH-Spoke to the board regarding the Glens Falls
Queensbury Memorial Day Parade. The theme is Liberty and Justice for All to be
th.
held Monday, May 30 A lot of activities are going along with this education
programs going on in Queensbury and Glens Falls High Schools. Poster Contest to
be held a Memorial Mile being run prior to the parade the money made from that
will be given to various Veteran Organizations. Spoke to the board regarding Rush
Pond, noting George Hilton is working on maps to have an information booklet
some maps. Spoke to the board and public noting the Fire Departments and EMS
Squads are looking for people, especially young people. The Queensbury Central
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 229
Fire Department has a Juniors Program. The meetings are held the first and third
Wednesday of each month at seven o’clock. If you want more information call
792-8539 or stop by the firehouse. Spoke to the board regarding the Town of
Moreau Community Center noting they will not have membership fees. Theirs
will be a twelve million dollar center they will be getting some funding for this we
might want to investigate this.
SUPERVISOR STEC-We have been and we will continue.
COUNCILMAN TURNER-Spoke to the board regarding the status of
Meadowbrook Road. Questioned if the County has responded as to where the cuts
are going to be?
SUPERVISOR STEC-Bill Remington and Bill Lamy have that not sure whether or
not they have communicated with Rick.
COUNCILMAN TURNER-No.
SUPERVISOR STEC-Not sure it is a done deal yet. I know they are still talking to
the two landowners that are involved.
COUNCILMAN TURNER-The people are pressing to get the road fixed.
COUNCILMAN BOOR-Asked if they would be having an Executive Session?
SUPERVISOR STEC-I didn’t need one.
COUNCILMAN BOOR-We touched on an issue tonight that we need to talk
about. It was a letter from Mark Schachner maybe we don’t need to have one
tonight.
SUPERVISOR STEC-Maybe we can schedule one for a week from tonight.
Spoke to the board regarding a Solid Waste Districting Informational Meeting that
was held at the Warren County Municipal Center noting Washington County will
be having a similar meeting. From a County perspective these two counties would
like to see collection districts set up because it could help guarantee additional flow
at the Burn Plant. It is something in the near future that the Town Board will need
to have a Workshop on to discuss specifically what the Town is or is not interested
in pursuing. This past Saturday the Town of Queensbury Transfer Stations held a
Free Tire Disposal Day for Queensbury and Glens Falls residents. They collected
almost three thousand dollars. The County Board of Supervisors did pass a test
burn at the IP Ticonderoga Plant for test burning waste rubber. The Town
Newsletter will be going out by the time this is hitting the television the spring
yard waste pickup schedule is in there. Biodegradable paper bags don’t put the
leaves in plastic bags the Highway Department won’t pick them up. Spoke to the
board regarding the Towns road map. The IT Department working with
Community Development staff has been working on generating a new map. The
map will be going to the printer in the near future. Last spring early summer there
will be a new version of the Town map. The two thousand dollar program that we
needed to generate a map in order to get it to a printer is one of the first
expenditures of Town occupancy tax money. The Towns website
www.queensbury.net. All the Zoning Board, Planning Board, Town Board,
Planning Ordinance Review Committee Meetings, Agendas, and Minutes from the
last twelve months are available on there. We made a link available on the web
page where you can go and look up property assessment information. Thanked TV
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 230
8 and Glens Falls National Bank for sponsoring these meeting and TV 8 for
producing them.
RESOLUTIONS
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED PAY RATE
INCREASE FOR DAYTIME STAFF, INCREASE IN DAY-TIME PAID
SERVICE AND CONTRACT AND BUDGET AMENDMENT WITH WEST
GLENS FALLS EMERGENCY SQUAD, INC.
RESOLUTION NO.: 196, 2005
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc.
(Squad) have entered into an Agreement for emergency protection services, which Agreement sets
forth a number of terms and conditions including a condition that the Squad will not purchase or
enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real
property, or make any improvements that would require the Squad to acquire a loan or mortgage or
use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and
WHEREAS, such Agreement sets forth terms for the Squad’s provision of paid daytime
service, and
WHEREAS, the Queensbury Town Board and Squad have negotiated and agreed upon
terms for a pay increase for the Squad’s current daytime staff, resulting in a proposed increase in the
amount of $5,213 for the remainder of the 2005 calendar year, and
WHEREAS, the Town and Squad have also negotiated terms for an increase in paid daytime
service by proposing to add three (3) additional daytime staffers, arranged through Keena Staffing,
Inc., for an approximate, additional sum of $86,673 for the remainder of the 2005 calendar year, and
WHEREAS, the additional three (3) paid daytime staffers will work primarily within the
Bay Ridge and North Queensbury Rescue Squads’ primary areas of responsibility, thereby
benefiting residents living within those areas of the Town, and
WHEREAS, the Town and EMS Squads wish to add to the existing Agreement with West
Glens Falls Emergency Squad, Inc., which will save the Town and Squads money, and
WHEREAS, moneys for the pay increases and additional daytime staff are not included in
the Squad’s current 2005 Budget and Agreement with the Town, and the Town Board therefore
wishes to set a public hearing concerning such proposals and amendment to the Squad’s 2005
budget and Agreement,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 231
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning
the West Glens Falls Emergency Squad, Inc.’s proposal to increase pay rates for its daytime staffers,
add three (3) daytime staffers and amend its 2005 emergency services budget and Agreement with
the Town to provide for the total increased costs in the approximate amount of $91,886, on May
th
16, 2005 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days
prior to the Public Hearing.
th
Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
NOES : None
ABSENT:None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED ADDITION
OF DAY-TIME PAID SERVICE AND COINCIDING CONTRACT
AMENDMENT WITH BAY RIDGE RESCUE SQUAD, INC.
RESOLUTION NO.: 197, 2005
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) have
entered into an Agreement for emergency protection services, which Agreement sets forth a number
of terms and conditions including a condition that the Squad will not purchase or enter into any
binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any
improvements that would require the Squad to acquire a loan or mortgage or use money placed in a
“vehicles fund” without prior approval of the Queensbury Town Board, and
WHEREAS, the Queensbury Town Board and Squad have negotiated and agreed upon
terms for the addition of paid daytime service, more specifically, the addition of two paid daytime
staff, arranged through Keena Staffing, Inc., which additional staff will be paid for through the
Town’s Agreement with the West Glens Falls Emergency Squad, Inc., and
WHEREAS, such additional daytime staff will provide coverage for and benefit residents
living within the Squad’s primary area of responsibility, and
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 232
WHEREAS, since provision for paid daytime service is not presently included in the
Squad’s 2005 Agreement with the Town, the Town Board wishes to set a public hearing concerning
such proposal and amendment to the Squad’s 2005 Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning
the Bay Ridge Rescue Squad, Inc.’s proposal to add paid daytime service and amend its 2005
th
emergency services Agreement with the Town to provide for such service on Monday, May 16,
2005 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days
prior to the Public Hearing.
th
Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED ADDITION
OF DAY-TIME PAID SERVICE AND COINCIDING CONTRACT
AMENDMENT WITH NORTH QUEENSBURY RESCUE SQUAD, INC.
RESOLUTION NO.: 198, 2005
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town of Queensbury and the North Queensbury Rescue Squad, Inc.
(Squad) have entered into an Agreement for emergency protection services, which Agreement sets
forth a number of terms and conditions including a condition that the Squad will not purchase or
enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real
property, or make any improvements that would require the Squad to acquire a loan or mortgage or
use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and
WHEREAS, the Queensbury Town Board and Squad have negotiated and agreed upon
terms for the addition of paid daytime service, more specifically, the addition of one paid daytime
staffer, arranged through Keena Staffing, Inc., which additional staffer will be paid for through the
Town’s Agreement with the West Glens Falls Emergency Squad, Inc., and
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 233
WHEREAS, such additional daytime staff will provide coverage for and benefit residents
living within the Squad’s primary area of responsibility, and
WHEREAS, since provision for paid daytime service is not presently included in the
Squad’s 2005 Agreement with the Town, the Town Board wishes to set a public hearing concerning
such proposal and amendment to the Squad’s 2005 Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning
the North Queensbury Rescue Squad, Inc.’s proposal to add paid daytime service and amend its
2005 emergency services Agreement with the Town to provide for such service on Monday, May
th
16, 2005 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days
prior to the Public Hearing.
th
Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES : None
ABSENT:None
RESOLUTION AUTHORIZING HIRING OF TEMPORARY LABORERS IN
TOWN HIGHWAY DEPARTMENT
RESOLUTION NO. :199, 2005
INTRODUCED BY Mr. Theodore Turner
WHO MOVED FOR ITS ADOPTION
SECONDED BY :Mr. Tim Brewer
WHEREAS, the Town Highway Superintendent has requested Town Board authorization to
hire four (4) temporary Laborers to work for the summer for the Town’s Highway Department,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Trevor Bruce, Gary Trombley, Tyrone Bapp and Guy LaPointe as temporary Laborers to work 18
nd
weeks this summer for the Town Highway Department commencing May 2, 2005, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 234
RESOLVED, that such temporary employees shall be paid $12 per hour as set forth in
Town Board Resolution No.: 610,2004 to be paid from the appropriate payroll account, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Highway
Superintendent, Deputy Highway Superintendent, Budget Officer and/or Town Supervisor to
complete any forms and take any action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING CONTINUED EMPLOYMENT OF
TEMPORARY EMPLOYEE IN
COMMUNITY DEVELOPMENT DEPARTMENT
RESOLUTION NO.: 200, 2005
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution No.: 118, 2005, the Town Board authorized the hiring of a
nd
temporary employee to work in the Community Development Department through May 2, 2005,
and
WHEREAS, the Town’s Executive Director of Community Development has advised that a
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second Office Specialist in the Department will be out of work from April 28 through June 13,
2005 and therefore the Executive Director has requested the continuing employment of the
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temporary employee to work in the Department through June 10, 2005, and
WHEREAS, the Town Board has considered the Executive Director’s request and agrees
that such temporary employment is appropriate and necessary,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Executive Director of
Community Development to continue the employment of the temporary employee hired through
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Heber Associates to work in the Community Development Department through June 10, 2005, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 235
RESOLVED, that payment for such temporary employment services shall be paid by the
Town of Queensbury directly to Heber Associates from Account No.: 001-8020-4155 ($2,000) and
Account No.: 001-3620-4155 ($2,000), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Executive Director of Community Development and/or Budget Officer to complete any forms and
take any action necessary to effectuate the terms of this Resolution.
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Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None
RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT
MERCHANT MARKET LICENSE FOR NORTHEAST REALTY
DEVELOPMENT/KEVIN QUINN
RESOLUTION NO.: 201, 2005
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Northeast Realty Development/Kevin Quinn (Northeast Realty) has submitted
an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market
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License to conduct a transient merchant market from June 6, 2004 through June 11, 2005 in the
parking lot at 1652 State Route 9, Queensbury in accordance with the provisions of Town Code
Chapter 160, and
WHEREAS, the application is identical to applications submitted by the applicant in
previous years and since the Queensbury Planning Board conducted site plan review of the prior
applications, it is not necessary to again refer the application to the Planning Board for site plan
review,
NOW, THEREFORE, BE IT
RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code
§160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to
Northeast Realty Development/Kevin Quinn to conduct a transient merchant market in the parking
lot located at 1652 State Route 9, Queensbury, subject to the following:
1. Northeast Realty must pay all fees as required by Town Code Chapter 160;
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 236
2. Northeast Realty must submit a bond in the amount of $10,000 as required by Chapter
160;
3. Northeast Realty must submit proof of authorization to do business in New York and
authorization of agent to receive service of summons or other legal process in New
York;
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4. The License shall be valid only from June 6 through June 11, 2005 from 9:00 a.m. to
9:00 p.m. and the license shall expire immediately thereafter;
5. The Transient Merchant License shall not be assignable; and
6. Northeast Realty must comply with all regulations specified in Town Code §160-8, and
BE IT FURTHER
RESOLVED, that the Town Board has gone through the SEQRA and found no significance
and authorizes the issuance of a Negative Declaration.
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Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
NOES : None
ABSENT:None
SHORT ENVIRONMENTAL ASSESSMENT FORM
No
A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4?
B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6?
No
C, Could action result in any adverse effects associated with the
following:
C1, Existing air quality, surface or groundwater quality or quantity, noise levels,
existing traffic patterns, solid waste production or disposal, potential for erosion,
No
drainage or flooding problems?
C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural
No
resources; or community or neighborhood character?
C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or
No
threatened or endangered species?
C4, A community's existing plans or goals as officially adopted, or a change in use
No
or intensity of use of land or other natural resources?
C5, Growth, subsequent development, or related activities likely to be induced by
No
the proposed action?
No
C6, Long term, short term, cumulative, or other effects not identified in C1-C5?
C7, Other impacts (including changes in use of either quantity or type of
No
energy)?
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 237
D. Will the project have an impact on the environmental characteristics that caused the
No
establishment of a CEA?
E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts?
No
RESOLUTION REFERRING BOSS HOSS CYCLES & TRIKES OF
STAMFORD’S APPLICATION FOR TRANSIENT MERCHANT/
TRANSIENT MERCHANT MARKET TO TOWN PLANNING BOARD
RESOLUTION NO.: 202, 2005
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, Boss Hoss Cycles & Trikes of Stamford has applied to the Queensbury Town
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Board for a Transient Merchant/Transient Merchant Market License from June 7 – 11, 2005 at
1468 State Route 9 in the Town of Queensbury, and
WHEREAS, in accordance with Queensbury Town Code Chapter 160, the Town Board
must refer the application to the Town’s Planning Board for site plan review, and
WHEREAS, following the Planning Board’s recommendation, the Town Board will review
the application and take any other necessary action,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Queensbury Town Clerk to forward Boss Hoss Cycles & Trikes of Stamford’s application for a
Transient Merchant/Transient Merchant Market License to the Queensbury Planning Board for site
plan review and recommendation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby indicates its wish to be lead agency for SEQRA
review of this project and directs that the Department of Community Development notify any other
involved agencies of this designation.
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Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES : None
ABSENT:None
DISCUSSION HELD BEFORE VOTE
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 238
EXECUTIVE DIRECTOR, COMMUNITY DEVELOPMENT, MS. RYBA-This was submitted
thst
to the Town Clerk on April 18. We sent a Town Board memo on the April 21. It is the first
time typically it is given to the Planning Board for a recommendation before it comes back to the
Town Board. However, if the Planning Board does not have special meeting it won’t be heard in
time for approval to come back to the Town Board. If they do have a special meeting it is
possible it could be heard by the Town Board, however, I don’t know whether or not the
Planning Board is going to have a special meeting they will do that tomorrow night during their
regular meeting.
SUPERVISOR STEC-I don’t want to deviate from our past practice I do think this needs to go to
the Planning Board. If the applicant hasn’t submitted it in time and it doesn’t get heard then it
doesn’t get heard. Assuming that it doesn’t get heard we need to make it crystal clear to his
applicant that they are late and if they don’t have a Transient Merchant License before that event
then they will be in violation and we will be enforcing our code.
COUNCILMAN BOOR-Agrees. Recommended even if they can’t get it in on time that they
proceed with this so that they won’t have to do this next year.
RESOLUTION RE-AFFIRMING PARTICIPATION IN “AMERICA
SUPPORTING AMERICANS” ORGANIZATION AND ADOPTION OF
STTH
DELTA COMPANY, 1 BATTALION 504 PARACHUTE INFANTRY
ND
REGIMENT, 82 AIRBORNE DIVISION
ND
ATTACHED TO 2 BATTALION
RESOLUTION NO.: 203, 2005
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
,
WHEREAS American military forces are either engaged in defending or are prepared to
defend and support American interests and principles, and
WHEREAS, the Adopt-a-Unit Program created by America Supporting Americans
(ASA) on March 4, 1968 provides a mechanism whereby all branches of the United States
Armed Services can be “adopted” by American communities, and
,
WHEREAS the purpose of this adoption program is to create a bond between American
communities and the military men and women who bravely serve our country, such bond
intended to support the morale of our service men and women without regard to individual
political ties or affiliations, and
,
WHEREAS by Resolution No.: 222,2003, the Queensbury Town Board authorized its
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participation in the ASA program and adopted the unit: Delta Company, 1 Battalion, 504
ndnd
Parachute Infantry Regiment, 82 Airborne Division attached to the 2 Battalion, and
,
WHEREAS the Town Board wishes to reaffirm its adoption of this unit and its offer of
ongoing respect and support, in time of war and in time of peace,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 239
RESOLVED, that the Queensbury Town Board hereby reaffirms its support of the
“America Supporting Americans” (ASA) program and its adoption of the following military unit:
st
Delta Company, 1 Battalion
th
504 Parachute Infantry Regiment
ndnd
82 Airborne Division attached to the 2 Battalion
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby designates Darleen M. Dougher as the official
primary liaison between the Town of Queensbury and its adopted unit and America Supporting
Americans as the organization which has facilitated this adoption, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Adoption Agreement Form for Cities Reaffirming an Adoption as substantially set forth
and presented at this meeting and forward the Agreement with a certified copy of this Resolution to
the America Supporting Americans (ASA) organization, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs its Town Clerk to post this
Resolution in a central, public place to encourage Town employees, businesses, service clubs,
charitable organizations and private citizens to become involved in supporting this adoption, and
RESOLVED, that this Resolution shall be effective immediately.
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Duly adopted this 25 day of April, 2005 by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING CYSTIC FIBROSIS FOUNDATION
“GREAT STRIDES” WALK-A-THON
RESOLUTION NO. 204, 2005
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 240
WHEREAS, the Cystic Fibrosis Foundation has requested permission to conduct its “Great
Strides” walk to cure cystic fibrosis as follows:
SPONSOR
: Cystic Fibrosis Foundation
EVENT
: GREAT STRIDES WALK
st
DATE
: Saturday, May 21, 2005
TIME
: 9:00 a.m. - noon
PLACE
: Beginning and ending at West Mountain (Letter regarding
location of walk attached);
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of
insurance from the Cystic Fibrosis Foundation to conduct its Great Strides walk 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 approval may be revoked due to concern for road conditions
at any time up to the date and time of the event, and
BE IT FURTHER,
RESOLVED, that this event shall also be subject to the approval of the Warren County
Superintendent of Public Works.
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Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ADIRONDACK NAUTILUS, LTD.
TO HOST 5K RACE
RESOLUTION NO. 205, 2005
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, Adirondack Nautilus, Ltd., has requested permission to conduct
a 5K race (run/walk) as follows:
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 241
SPONSOR
: Adirondack Nautilus, Ltd.
EVENT
: 5K RACE (RUN/WALK)
st
DATE
: Saturday, May 21, 2005 - 9:00 a.m.
PLACE
: Beginning at Queensbury Racquet Club/ Adirondack
Nautilus on Glenwood Avenue, north on Bay Road to
Adirondack Community College and returning to
Adirondack Nautilus. The run will be conducted on the east
side of Bay Road and will return on the west side of Bay to
Glenwood Avenue. (Letter regarding location of run
attached);
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of
insurance from the Adirondack Nautilus, Ltd. to conduct a 5K race (run/walk) in the Town of
Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this race 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 race, and
BE IT FURTHER,
RESOLVED, that this race shall also be subject to the approval of the Warren County
Superintendent of Public Works.
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Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING PLACEMENT OF CANOPY ON TOWN
COURTHOUSE LAWN FOR USE BY ADIRONDACK NAUTILUS LTD.
RESOLUTION NO.: 206, 2005
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, Adirondack Nautilus, Ltd., has requested permission to place a canopy on the
st
Queensbury Courthouse Lawn, Glenwood Avenue, on May 21, 2005 for the conducting of its
Open House and Annual 5K Race, and
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 242
WHEREAS, Adirondack Nautilus, Ltd., has provided a certificate of liability insurance
naming the Town as an additional insured party,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes Adirondack Nautilus,
st
Ltd., to place a canopy on the Queensbury Courthouse Lawn, Glenwood Avenue, on May 21,
2005, and
BE IT FURTHER,
RESOLVED, that the Town Board further directs that Adirondack Nautilus, Ltd. shall have
the responsibility to clean and/or repair the site to the satisfaction of the Town’ Facilities Manager
after such event.
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Duly adopted this 25 day of April, 2005 by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
NOES : None
ABSENT : None
RESOLUTION AUTHORIZING APPLICATION FOR GRANT FUNDS IN
CONNECTION WITH “LAKE GEORGE – PLAN FOR THE FUTURE
”
RESOLUTION NO.: 207, 2005
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, several communities within the Lake George Basin have been diligently
Lake George – Plan for the Future
working for the past year and one-half developing , (Plan) as
an update to the 1987 document entitled, “The Plan for the Future of the Lake George Park”, and
WHEREAS, the funding for this last year’s efforts have been in part provided by the New
York State Department of State’s Local Waterfront Revitalization Program, and
WHEREAS, the evolution of activities has resulted in adoption of the Plan during the
calendar year 2001, formation of the Lake George Watershed Conference and thereafter
implementation of recommendations contained within such Plan, and
WHEREAS, the New York State Department Environmental Conservation has issued a
Request for Applications for grant funding assistance that includes the funding of “preparation or
implementation of intermunicipal water body management plans and the abatement of failing or
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 243
inadequate onsite wastewater systems through the implementation of a municipal management
program…,” and
WHEREAS, the Town of Queensbury has been a conscious, active participant in the
development of the Plan to date and the Town Board continues to believe that this grant program
will benefit the Lake George Watershed Basin and Town of Queensbury residents,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby expresses its support of the
submission of an application for grant funding in accordance with the New York State
Department of State’s Request for Applications as referenced in this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
sign an application and any other documentation for such funding assistance for submission to
New York State and take any other action necessary to effectuate the terms of this Resolution.
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Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION SUPPORTING COLLATERAL SOURCE LEGISLATION –
NEW YORK STATE SENATE BILL: S.1544 AND ASSEMBLY BILL: A.4354
RESOLUTION NO.: 208, 2005
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
§
WHEREAS, Civil Practice Law and Rules (CPLR) 4545 subjects public employers and
only public employers to a double recovery of lost future earnings in tort actions brought by their
employees, and
WHEREAS, this present inequity exists because the CPLR as interpreted by New York’s
Court of Appeals in Iazzetti v. City of New York, 94 NY2d 183 (1999) requires that future lost
earnings awards for public employees are not offset by collateral sources such as a disability
pension that the employee will also receive to replace his/her lost earnings, and
WHEREAS, amendments to the collateral source rule will eliminate this inequality and
these windfall recoveries and lead to significantly lower costs to municipalities and taxpayers
throughout New York State,
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 244
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby expresses its support of New York
State Assembly Bill No.: A4354 and New York State Senate Bill No.: S.1544 to amend the Civil
§
Practice Law and Rules (CPLR) 4545 to prevent “double dipping” in lawsuits against public
employers and ensure that plaintiffs do not profit at taxpayers’ expense, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s
Office to forward certified copies of this Resolution to the New York State Governor’s Office, New
York State Senate, New York State Assembly and Office of the Corporation Counsel of the City of
New York, Law Department.
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Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION AMENDING 2005 BUDGET TO INCREASE
APPROPRIATIONS AND AMEND FUND BALANCE
RESOLUTION NO.: 209, 2005
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury Hiland Park Sewer District has incurred
miscellaneous equipment costs greater than originally budgeted for, and
WHEREAS, the Hiland Park 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 increase appropriations and appropriated fund
balance in the Hiland Park Sewer Fund,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, authorizes and directs that
the 2005 Budget be amended by increasing appropriations and increase Appropriated Fund Balance
in the Hiland Park Sewer District Fund - Misc. Equipment Account No.: 34-8120-2001 in the
amount of $7,157, and
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 245
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town's Budget Officer
to make any necessary adjustments, transfers, or prepare any necessary documentation to effectuate
the terms of this Resolution.
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Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT:None
RESOLUTION TO AMEND 2005 BUDGET
RESOLUTION NO.: 210, 2005
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 Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Budget Officer’s Office to take all action necessary to transfer funds and amend the 2005 Town
Budget as follows:
TOWN BOARD
FROM: TO: $ AMOUNT:
144-7110-4403 144-1940-2799 80,320.
(Engineer/Surveyor) (Capital Acquisition)
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Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY ALFRED AND AMY MERCHANT
RESOLUTION NO.: 211, 2005
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 246
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, Alfred and Amy Merchant previously commenced an Article 7 Real
Property Assessment Review case against the Town of Queensbury concerning property located
at 39 Main Street, Queensbury (Tax Map No.: 130-3-38) for the 2000/01 tax year, and
WHEREAS, the Town Assessor has recommended a settlement proposal to the Town
Board and the Town Board has reviewed the case with Town Counsel, and
WHEREAS, counsel for the Glens Falls School District has advised that the District was
not served with the Petition and is therefore not subject to the terms of any settlement of the case,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the
pending Article 7 case against the Town of Queensbury by Alfred and Amy Merchant for the
2000/01 tax year concerning property located at 39 Main Street, Tax Map No.: 130-3-38, in
accordance with the following revised assessment value:
Tax Year: Current Assessment Revised Assessment
2000/01 $80,000 $72,500
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of any and all refunds
without interest to Alfred and Amy Merchant within forty-five (45) days from the date that a
Demand for Refunds is served upon the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Assessor and/or Town Counsel to execute settlement documents and take any additional
steps necessary to effectuate the proposed settlement in accordance with the terms of this
Resolution.
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Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 247
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR
CHANGE OF ZONE FOR PROPERTY OWNED BY
GEORGE AMEDORE/ AMEDORE HOMES
RESOLUTION NO.: 212, 2005
INTRODUCED BY : Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Tim Brewer
WHEREAS, the Queensbury Town Board is considering a request by George
Amedore/Amedore Homes to amend the Town Zoning Ordinance and Map to rezone properties
bearing Tax Map No.’s: 302.8-1-13, 14 and 15 located on the east side of Bay Road between
-
Homer and Quaker Avenues, Queensbury, New York from HCInt (Highway Commercial
Intensive) to MR-5 (Multi-Family Residential – 5 Acres), and
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WHEREAS, on or about February 28, 2005, the Town Board adopted a Resolution
authorizing submission of the rezoning application to the Town’s Planning Board for report and
recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA
review of the project, and
th
WHEREAS, on or about April 19, 2005, the Queensbury Planning Board considered the
proposed rezoning, performed SEQRA review, adopted a SEQRA Negative Declaration and
made a recommendation to the Town Board to approve the rezoning to MR-5 (Multifamily
Residential – 5 Acres), and
th
WHEREAS, on or about March 9, 2005, the Warren County Planning Board considered
the proposed rezoning and made a recommendation of “No County Impact,” and
WHEREAS, before the Town Board may amend, supplement, change, or modify its
Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town
Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday,
th
May 16, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to
hear all interested parties concerning the request by George Amedore/Amedore Homes to amend
the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.’s: 302.8-1-13,
14 and 15 located on the east side of Bay Road between Homer and Quaker Avenues, Queensbury,
-
New York from HCInt (Highway Commercial Intensive) to MR-5 (Multi-Family Residential – 5
Acres), and
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 248
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office
to provide 10 days notice of the public hearing by publishing the attached Notice of Public
Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Community
Development Department to provide the Town Clerk’s Office with a list of all property owners
located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the
Notice of Public Hearing to those property owners, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office
to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors,
Warren County Planning Board and other communities or agencies that it is necessary to give
written notice to in accordance with New York State Town Law §265, the Town’s Zoning
Regulations and the Laws of the State of New York.
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Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS –
ST
ABSTRACT OF APRIL 21, 2005
RESOLUTION NO.: 213, 2005
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as
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the Abstract with a run date of April 21, 2005 and a payment date of April 26, 2005,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 249
RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run
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date of April 21, 2005 and payment date of April 26, 2005 numbering 25-1701 through 25-1949
and totaling $1,001,853.24, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or
Town Supervisor 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 25 day of April, 2005, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION AMENDING BOND RESOLUTION
REGARDING ROUTE 9 SEWER DISTRICT IMPROVEMENTS
AUTHORIZING THE ISSUANCE OF UP TO $5,170,000 IN
SERIAL BONDS AND BOND ANTICIPATION NOTES
RESOLUTION NO.: 214, 2005
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution No. 114,2003 on February 10, 2003, the Queensbury Town
Board authorized the issuance of up to $5,170,000 in serial Bonds and authorized the issuance of
up to $5,170,000 in Bond Anticipation Notes to pay the cost of acquisition, construction and
installation of the Route 9 Sewer District Improvements (the “Bond Resolution”), and
WHEREAS, the Town Board later passed an Order approving the proposed increase in
maximum amount to be expended for Route 9 Sewer District, being Resolution No. 462,2004
and dated September 27, 2004 (the “Order”), and
WHEREAS, in the Order, the Town Board detailed the grant the Town received for this
project, increased the maximum amount to be expended for the Route 9 Sewer District
improvements from $5,170,000 to $5,847,191, and detailed the revised plan of financing for this
project, and
WHEREAS, there will be no increase in the amount to be raised by serial bonds or bond
anticipation notes, and
WHEREAS, the New York State Environmental Facilities Corporation ( “EFC”) has
requested that the Town Board pass a supplemental Bond Resolution to detail the amount to be
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 250
expended for the Route 9 Sewer District improvements from $5,170,000 to $5,847,191, and to
detail the revised plan of financing for this project,
NOW, THEREFORE, BE IT
RESOLVED, that the maximum amount to be expended for the Route 9 Sewer District
improvements is increased from $5,170,000 to $5,847,191, and
BE IT FURTHER,
RESOLVED, that the plan for the financing of such maximum estimated cost is as
follows:
A. Economic Development Administration Grant in the amount of $910,000; and
B. Issuance by the Town of serial bonds and/or bond anticipation notes of
$4,937,191.
and
BE IT FURTHER,
RESOLVED, that the Town authorizes net level debt service for the issuance and
repayment of such bonds, and
BE IT FURTHER,
RESOLVED, that the Town authorizes the issuance of such serial bonds and/or bond
anticipation notes, with the Town’s intention to issue them through EFC, and
BE IT FURTHER,
RESOLVED, that the Bond Resolution is hereby modified as detailed above and affirmed
and ratified in all other respects, and
BE IT FURTHER,
RESOLVED that the Town Supervisor is hereby authorized to take all actions he deems
necessary to effectuate this Resolution.
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Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 251
ABSENT: None
ATTORNEY MATTERS
TOWN COUNSEL, HAFNER-Spoke to the board regarding Ordinance changes.
The Town Board met six weeks ago regarding several things dealing with
enforcement, Town Code. The package of changes has been put together. Next
week you will see a resolution to set a public hearing to hold on the sixteenth for
all of those. If all goes well on the second we will set a public hearing for the
sixteenth for those changes.
DISCUSSION HELD
COUNCILMAN BREWER-Let us know when the board wants to meet regarding having a
meeting with the Planning Board.
EXECUTIVE DIRECTOR, MS. RYBA-You usually have it on a Monday night for Town Board
Workshop.
SUPERVISOR STEC-We will try to have one in May.
COUNCILMAN BOOR-Noted they need another alternate we need to interview.
SUPERVISOR STEC-Ad will be in this Sunday’s paper.
COUNCILMAN BOOR-Asked if the current alternates have they gone through any educational
process.
EXECUTIVE DIRECTOR, MS. RYBA-Mr. Goetz has. Mr. Ford indicated that he would be on
vacation. When he returns we will do another orientation with him. Upon your approval of a
new Planning Board Chairman we will be sitting down with the Chairman of the ZBA and
Planning Board to discuss how we can work together as a team to facilitate meetings, and get the
questions answered ahead of time.
COUNCILMAN BOOR-We have to do PORC and Planning Board by resolutions the new
Chairman’s?
TOWN COUNSEL, HAFNER-You have to appoint the Chair by resolutions.
SUPERVISOR STEC-Ad will be in paper advertising for resumes and cover letter for new
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alternate. May 9 is next Workshop if possible we can fit the Planning Board on May 9. Do
have the vacancies on the Planning Board and two alternates. Mr. Goetz has been to at least one
meeting said that he would be ready and feels comfortable to become a full board member.
COUNCILMAN BOOR-Need to get both resolutions together for PORC and Planning Board.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 215, 2005
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.
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Duly adopted this 25 day of April, 2005, by the following vote:
Ayes: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
REGULAR TOWN BOARD MEETING 04-25-2005 MTG#19 252
Noes: None
Absent:None
No further action taken.
Respectfully Submitted,
Darleen M. Dougher
Town Clerk
Town of Queensbury