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1997-05-19 REGULAR TOWN BOARD MEETING MAY 19,1997 7:10 P.M. Mtg #24 RES207-224 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CAROL PULVER BOARD MEMBER ABSENT COUNCILMAN CONNIE GOEDERT TOWN COUNSEL MARK SCHACHNER BOB HAFNER TOWN OFFICIALS Jim Martin, Executive Director of Community Development Paul Naylor, Highway Superintendent Tom Flaherty, Water Superintendent Ralph VanDusen, Deputy Water Superintendent Henry Hess, Controller Colleen Kimble, Animal Control Officer PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE Supervisor Champagne called meeting to order... Before we get into the public hearing, I have a proclamation, Resolution of Appreciation I'd like to read and I'll call Mr. Martin to the front. Jim, this is a proclamation here, a resolution from the board with deep appreciation for your hard work and effort over the course of the last four and a half years and it reads like this: RESOLUTION OF APPRECIATION RESOLUTION NO. 206, 97 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, On October 12, 1992, James M. Martin, was appointed the Executive Director of Community Development, and WHEREAS, under James M. Martin, several previously separate departments were successfully integrated into a working unit, and WHEREAS, under James M. Martin, the Geographic Information System (G.I.S.) was implemented and became a functioning service to the community, and WHEREAS, under James M. Martin's direction, a group of volunteers has undertaken a study for a new Comprehensive Master Plan, and WHEREAS, James M. Martin has served this town and its residents on many area and regional boards faithfully and well, and WHEREAS, James M. Martin has represented this town and has earned the respect of other municipal governments and governmental agencies, and WHEREAS, Mr. James M. Martin has served the Town Board, Zoning Board of Appeals, and Planning Board with dedication, intelligence and integrity and is greatly admired by his fellow employees both past and present and by the people of the Town he has served with understanding and patience, and WHEREAS, the Town Board of the Town of Queensbury has accepted with regret the resignation of James M. Martin, Executive Director of Community Development, dated May 23rd, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the residents of the Town of Queensbury, wish to express its sincere appreciation to James M. Martin for the time, effort and talent that he has generously contributed toward making the Town of Queensbury a "GOOD PLACE TO LIVE", and wishes him the best in his new endeavors. Given under the SEAL of the Town of Queensbury this 19th day of May in the year one thousand nine hundred and ninety-seven. AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Goedert PUBLIC HEARING - LL AMENDING CHAPTER 73 ENTITLED, "DOGS AND OTHER ANIMALS" NOTICE SHOWN 7:12 P.M. SUPERVISOR CHAMPAGNE-I'll open the public hearing on the law amending Chapter 73 entitled, "Dogs and Other Animals". Colleen, did I see Colleen? COLLEEN KIMBLE, ANIMAL CONTROL OFFICER-Yes, I'm right here. SUPERVISOR CHAMPAGNE-There she is, right in the front. Would you care to come up and give us a little briefing on this or would you rather have the counsel on this? What's your pleasure? MS. KIMBLE, ANIMAL CONTROL OFFICER-I will step up. Briefly, what we're proposing, this is off the top of my head is an amendment to the town code. One part of the code is kind of a minor change to expand upon a definition of habitual, regarding habitual barking for the dog control part of the code and the bigger change we're requesting or we would like to see is to make it a violation of the town code for a dog to attach another dog or a cat while this dog or cat is in a place that may lawfully be. The ag's and markets law covers dog attacks upon people or domestic animals but it doesn't cover dog fights or dogs beating up or killing other people's cats. So those are two changes we would like to see with the code. Also, the penalties for a violation of this code for the dogs attacking other dogs. Mark, did you want to go into that? TOWN COUNSEL MARK SCHACHNER-I think you're all set. MS. KIMBLE, ANIMAL CONTROL OFFICER-There's also a couple of people here at the public hearing who would probably like to say something regarding this code change, if they may. SUPERVISOR CHAMPAGNE-Sure. COUNCILMAN MONAHAN-Can I just ask Mark a question, please? I think I know the answer but Mark it talks about a dog or cat is on the leash or otherwise under the control of it's owner. Now, if an animal is in a pen and the owner is not around, that's still under the control of the owner, right? TOWN COUNSEL SCHACHNER-Oh very much so, yes. COUNCILMAN MONAHAN-If you've got a fenced in closure? TOWN COUNSEL SCHACHNER-Sure. SUPERVISOR CHAMPAGNE-Anyone in the audience care to speak on behalf of this? Yes, Ma'am. MARY ELLEN DENTON-For this one particular dog, that's now attacked my dog twice, there's a, in the code the new code, there's a three time ruling. Right now it's gone to the Judge twice and it's just a dog at large and he got a fifty dollar fine and once this law is passed, I guess the dog gets three more free chances. I'd like it to be retroactive actually but, or at least one, the next time for this one particular dog and I don't think you can do that but that's how I'd like it. SUPERVISOR CHAMPAGNE-You're going to need to give us your name too, please, for the record. MS. DENTON-Mary Ellen Denton. SUPERVISOR CHAMPAGNE-Mary Ellen Denton, thank you. COUNCILMAN PULVER-It does say, and where the person was found to have committed two or more such violations within the preceding five years. MS. DENTON-But it's never been passed yet and the dog has already attacked four dogs. SUPERVISOR CHAMPAGNE-You really can't apply the law until it's been MS. DENTON-No, until after you've passed it. SUPERVISOR CHAMPAGNE-This is certainly going to have to work. It will work, it will avoid those kinds of things in the future after the three occasions. COUNCILMAN PULVER-Well when he does go to court though, doesn't the Judge take into consideration, Mr. Schachner, MS. DENTON-No. COUNCILMAN PULVER-That he's been in there twice before and up his fine a little bit or does this TOWN COUNSEL SCHACHNER-Generally yes. The fact that this particular violation would not have been committed in the preceding cases is not the entire picture here. There is a different code section that, an existing code section that would have already been violated and if that's been the finding twice already, then typically the Judge would mete out a more severe punishment or fine based on the two previous convictions. That's correct. COUNCILMAN MONAHAN-And Mark, is there anything in here that says, I mean if a dog has severely attacked another dog even though it's been the first time, there's nothing here that prohibits the Judge from saying that that dog, the attacking dog must be confined to it's own quarters. TOWN COUNSEL SCHACHNER-Actually confinement is probably the most common portion of any sentence meted out by the Judge in any conviction. COUNCILMAN MONAHAN-So it could be a first offense? TOWN COUNSEL SCHACHNER-Confinement could be part of a first offense. SUPERVISOR CHAMPAGNE-Thank you. Anyone else care to speak? Yes, sir. MR. STEVE ROSEN-My name is Steve Rosen and I live at 17 Stonehurst Drive and I'd like to address Section 73-5B which is the definition of habitual in cases where a dog is barking. We took a neighbor to court this year on such an instance where we cited three instances of the dog barking. Within the trial we also cited twelve other instances where the dog has barked for approximately an hour or more. The Judge ruled in favor of the defendant using, citing this, he said the key phrase or word in the statute is the word habitual. The statute does not define the legislative intent of the Town Board as to the meaning of the word habitual. The code must establish a standard or measure of the word habitual in order for the court to apply the code and to measure the conduct charged. The standard can not be left to the discretion and/or whim of the court. The proceeding, being criminal nature compels the court to strictly construe the statute. Based on the foregoing, the court must find the defendant not guilty. So here we had a case where we had fifteen separate instances cited in the case of the dogs barking for an hour or more and yet the Judge ruled against us because there wasn't a clear definition of the word habitual. I don't know whether that means repeated or whether, you know, I don't know understand why the Judge couldn't find fifteen individual instances a form of habit. And I hope the Town Board could clarify that. COUNCILMAN PULVER-Well that is one thing in this new law, is that we are giving a definition of habitual and I don't know what more you can do then, unless you put a time to it. TOWN COUNSEL SCHACHNER-You're exactly correct. That's in fact one of the specific purposes of this situation. COUNCILMAN PULVER-Habitual now has a definition and it says to engage in chronic, frequent, recurring, regular or repetitious conduct. So, that's the definition now. MR. ROSEN-Hopefully that will do it. COUNCILMAN PULVER-More then once. MR. ROSEN-I'll take it. COUNCILMAN PULVER-Yea, let's see, fifteen frequent is doing it more then once. So I would think fifteen times would qualify now. COUNCILMAN MONAHAN-Let's see before, it wasn't in the definitions at all in any way. COUNCILMAN PULVER-Yea, I know, that's what he was saying and now it is. That is one thing that this new law does do, it does define that. SUPERVISOR CHAMPAGNE-Okay? MR. ROSEN-Thank you. SUPERVISOR CHAMPAGNE-Thank you. Anyone else care to speak? Anyone from the board? Okay, we'll close the public hearing. PUBLIC HEARING CLOSED 7:20 P.M. RESOLUTION TO ENACT LOCAL LAW NUMBER 5, 1997 A LOCAL LAW TO AMEND CHAPTER 73 OF THE CODE OF THE TOWN OF QUEENSBURY ENTITLED, "DOGS AND OTHER ANIMALS" TO AMEND, REVISE AND/OR ADD CERTAIN PROVISIONS THERETO RESOLUTION NO. 207, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend Chapter 73 of the Code of the Town of Queensbury entitled, "Dogs and Other Animals," to add two new definitions and amend the paragraphs entitled "Prohibited activities" and "Penalties for offenses," and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on May 19, 1997, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend Chapter 73 of the Code of the Town of Queensbury entitled, "Dogs and Other Animals," to be known as Local Law Number 5, 1997, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 19th day of May, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: Mrs. Goedert LOCAL LAW 5 OF 1997 A LOCAL LAW TO AMEND CHAPTER 73 OF THE CODE OF THE TOWN OF QUEENSBURY, ENTITLED "DOGS AND OTHER ANIMALS" TO AMEND, REVISE AND/OR ADD CERTAIN PROVISIONS THERETO. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Section 73-4 of Chapter 73 of the Code of the Town of Queensbury entitled "Definitions", is hereby amended by adding two new definitions as follows: HABITUAL - To engage in chronic, frequent, recurring, regular or repetitious conduct. WORRY - To harass by tearing, biting or snapping, or to shake or pull at with the teeth. SECTION 2. Section 73-5 of Chapter 73 of the Code of the Town of Queensbury, entitled "Prohibited activities," is hereby amended to add a new subparagraph H to read as follows: ~ 73-5. Prohibited activities. H. Attack, chase or worry a dog or cat if the dog or cat is in a place it may lawfully be and, if the dog or cat is off its owner's property, if the dog or cat is on a leash or otherwise under the control of its owner. SECTION 3. Section 73-7 of Chapter 73 of the Code of the Town of Queensbury, entitled "Penalties for offenses," is hereby amended to add a new subparagraph C to read as follows: C. Notwithstanding the foregoing, an offense against ~73-5(H), where prosecuted pursuant to the Penal Law or as an action to recover a civil penalty, shall be punishable by a civil penalty or fine of not more than fifty dollars ($50.), except that where the person was found to have violated ~73-5(H) within the proceeding five years, the civil penalty or fine may be not more than one-hundred dollars ($100.), and where the person was found to have committed two or more such violations within the preceding five years, the offense shall be punishable by a civil penalty or fine of not more than $200. or destruction of the dog or both. SECTION 4. the Secretary of State. This Local Law shall take effect immediately upon filing thereof in the Office of RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO. 208, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 19th day of May, 1997, by the following vote: AYES: Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Goedert QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - DAVID MARGISON NOTICE SHOWN 7:22 P.M. SUPERVISOR CHAMPAGNE-Is there anyone here to speak? Is there anyone here to speak for? I don't see anyone, I guess. How about anyone here to speak against this local law, or I'm sorry, sewage disposal ordinance? No one for or against. Okay. COUNCILMAN PULVER-We do have a letter from Dave Hatin though. SUPERVISOR CHAMPAGNE-Yea we do. COUNCILMAN MONAHAN-Yea, I was looking at it. SUPERVISOR CHAMPAGNE-I talked, this variance will have no affect on the neighbors and therefore Mr. Margison is willing to accept responsibility for maintaining the septic closer to the foundation than allowed. Really, that's what he was asking for, if you recall when we first looked at the site plan. COUNCILMAN MONAHAN-And that's why I wondered if something needs to be put in this resolution that is understood that COUNCILMAN TURNER-He accepts that responsibility. COUNCILMAN MONAHAN-That he accepts the responsibility so five years from now he doesn't come back and say, we've got a problem with this. COUNCILMAN TURNER-A line letting go, taking out a wall or undermining the foundation. Not that it would but. COUNCILMAN MONAHAN-Yea, but I think we just have to protect the town that way. SUPERVISOR CHAMPAGNE-Mark, do you want to give us some language to that effect, that there would be some protection there for the town if in case this sprung a leak undermining the footings or whatever. TOWN COUNSEL SCHACHNER-Do you want to just add as a letter d, on page 2 in the first resolved, something like, that as a further condition, the applicant shall provide the town with an appropriate waiver. You can add to that if you want, an appropriate waiver regarding location of the system closer to the foundation than allowed, if you want. SUPERVISOR CHAMPAGNE-Does that satisfy? Okay, with that amended COUNCILMAN MONAHAN-Caroline, when you do the minutes, does this letter become of a part of the minutes so that we'll have that permanently recorded? DEPUTY TOWN CLERK BARBER-I can put in the minutes if you would like? COUNCILMAN MONAHAN-I think we would so we would have a complete record. DEPUTY TOWN CLERK BARBER-Yes. COUNCILMAN MONAHAN-Thank you. Town Board RE: Margison Septic Variance Dear Town Board Members: Mr. Margison is requesting to maintain his existing septic tank and leachfield in the same location that it was originally installed in, while adding an addition to his residence which will not allow the septic system to meet the proper distances from the foundation. Mr. Margison seeks to allow the absorption field six fee from the foundation in lieu of the required 20 feet, and also allow the septic tank to be six feet from the foundation, in lieu of the required 10 feet. This variance will have no effect on the neighbors, and therefore if Mr. Margison is willing to accept responsibility for maintaining the system closer to the foundation than allowed, I see no reason why the Board should not approve this variance. If you have any further questions or comments, please don't hesitate to contact me. Sincerely, David Hatin, Director Building and Code (letter on file in the Clerk's Office) PUBLIC HEARING CLOSED RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR DAVID MARGISON BOARD OF HEALTH RESOLUTION NO. 14,97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, David Margison previously filed a request for a variance from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically those requiring that there be 10 feet (10') distance between the septic tank and the dwelling and that there be 20 feet (20') distance between the absorption field and the dwelling, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on May 19, 1997, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health; d) that as a further condition, the applicant shall provide the town with an appropriate waiver regarding placing the system closer to the foundation than allowed; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to David Margison allowing a six feet (6') distance between the septic tank and the dwelling rather than the required ten feet (10') distance, and allowing six feet (6') distance between the absorption field and the dwelling rather than the required 20 feet (20') distance (Chapter 136, Appendix A) on property situated at 18 Hampton Court, Town of Queensbury, New York, and bearing Tax Map #: Section 121, Block 14, Lot 12. Duly adopted this 19th day of May, 1997, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: Mrs. Goedert RESOLUTION TO ADJOURN BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO. 15,97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Queensbury Board of Health hereby adjourns and enter Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 19th day of May, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Goedert REGULAR SESSION RESOLUTIONS RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR JUDY DUFOUR AT 32 HOMER AVENUE RESOLUTION NO. 209, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home parks pursuant to ~ 113 -12 of the Code of the Town of Queensbury, and WHEREAS, Judy Dufour has filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with said ~113-12 of the Code of the Town of Queensbury, to replace a mobile home with an updated trailer unit at property situated at 32 Lawton Avenue, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing on April 21, 1997 with regard to the aforesaid permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance ofa revocable permit in accordance with the terms and provisions of ~113-12 of the Code of the Town of Queensbury. Duly adopted this 19th day of May, 1997, by the following vote: AYES : Mr. Turner, Mrs. Pulver, Mr. Champagne NOES : Mrs. Monahan ABSENT: Mrs. Goedert Discussion before vote: Councilman Turner-Okay, I guess he's answered all the questions that we asked him to run this through so we could have the information we need tonight as far as the setbacks, old trailer versus the new trailer. Executive Director, Mr. Martin-The changes, you're putting on the same size trailer in terms oflength? Attorney Paul Pontiff-In terms of length yes. Supervisor Champagne-Do you have copies of the affidavit? Councilman Turner-Yea. Attorney Paul Pontiff-I have pictures of the new trailer which I didn't have last time if you'd like to take a look at them. Supervisor Champagne-I would like to see those Paul, if you have them please. Attorney Paul Pontiff-Yes. I'm Paul Pontiff by the way, I represent Mrs. Dufour. That's the existing trailer on it's location now and this is the new trailer and there's two shots of each taken from a different position. Councilman Monahan-Jim, I believe one setback doesn't meet requirements on the side. Isn't that a fifteen foot setback? Executive Director, Mr. Martin-No, I think actually Betty they're both twenty. Councilman Monahan-Both twenty, on both sides? Executive Director, Mr. Martin-Yea, this is a SFRl acre zone, as I recall. Attorney Pontiff-Actually, it requires ten feet on all sides. This statute requires ten feet on all sides. Councilman Turner-Yea. Attorney Pontiff-This statute which deals with mobile homes outside of the mobile home court. Councilman Monahan-But that doesn't have bearing here. What would have bearing is the setbacks in the zoning for that area. Executive Director, Mr. Martin-But being committed to the same length, I mean you're committed to the same length, right, of trailer? Attorney Pontiff-The trailer is the same length and will not be encroaching any further then we are at the moment. Councilman Turner-You're not going out of the footprints, so you're all set. Attorney Pontiff-Not at all. Councilman Pulver-We've introduced the resolution and I will further it by saying we authorize the permit. Supervisor Champagne-I was there today and spent some time looking the grounds over and I can assure you that a new trailer on there would be quite an improvement. That's for certain. Councilman Turner-Yes, it would. Attorney Pontiff-What's there now is not very exciting. Councilman Turner-I've visited the site also I know what's there. (vote taken) Councilman Turner-Yes. Councilman Pulver-Yes. Councilman Monahan-No, and my reasons are that this lot is a substandard lot and the, for the zoning required in the area we already have a non-conforming use on that lot with the two family home in a single family residential area. And this is another non-conforming use and also this mobile home was there without a permit and never came for a permit so I don't believe it has a vested rights. Supervisor Champagne-Yes. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. , 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 177 TO BE ENTITLED, "ZONING - EXEMPTION FROM SITE PLAN REVIEW PROCEDURES FOR CONFORMING DEVELOPMENT IN INDUSTRIAL ZONES" WHICH CHAPTER SHALL PROVIDE AN ADMINISTRATIVE PROCESS FOR GAINING APPROVAL FOR INDUSTRIAL DEVELOPMENT RESOLUTION NO. 210,97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No. _, 1997 to Amend the Code of the Town of Queensbury by adding a new Chapter 177 entitled, "Zoning - Exemption From Site Plan Review Procedures for Conforming Development in Industrial Zones," which Chapter shall provide an administrative process for gaining approval for industrial development, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the New York State Municipal Home Rule Law, ~274-a of the New York State Town Law and the provisions for local administration of the State Environmental Quality Review Act ("SEQRA"), Environmental Conservation Law Article 8 and regulations thereunder at 6 NYCRR Part 617, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 2nd day of June, 1997, to consider said Local Law No. _, 1997 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1997 in the manner provided by law. Duly adopted this 19th day of May, 1997, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: Mr. Goedert Supervisor Champagne noted to pull resolution 5.3 on the agenda regarding appointment. RESOLUTION CANCELING MAY 26,1997 TOWN BOARD WORKSHOP MEETING RESOLUTION NO. 211, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury regularly holds its Workshop Meetings on the 2nd and 4th Mondays of each month, and WHEREAS, Monday, May 26, 1997 is Memorial Day and so the Town offices will be closed, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby cancels the Town Board Workshop Meeting scheduled for Monday, May 26, 1997, and BE IT FURTHER, RESOLVED, that the Town Supervisor's Office is hereby authorized to provide such notice to the newspaper and public, as may be necessary, to inform them of said cancellation. Duly adopted this 19th day of May, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: Mrs. Goedert RESOLUTION APPOINTING MEMBER TO THE COMPREHENSIVE PLAN ADVISORY BOARD RESOLUTION NO. 212, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, ~3-4 of the Code of the Town of Queensbury authorizes the establishment of Advisory Boards, and WHEREAS, by Resolution No.: 557, 1994, the Town Board of the Town of Queensbury established an 11 member Comprehensive Plan Advisory Board in an effort to invite public participation in the drafting of a new Town Comprehensive Plan, and WHEREAS, a vacancy presently exists on the Advisory Board and Town resident Larry Clute has expressed an interest in filling said vacancy, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Larry Clute to the Comprehensive Plan Advisory Board and authorizes and directs the Executive Director to provide Mr. Clute with a copy of Chapter 3 of the Code of the Town of Queensbury. Duly adopted this 19th day of May, 1997, by the following vote: AYES : Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: Mrs. Goedert RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY RESOLUTION NO. 213, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Bay Fireworks, Inc., on behalf of the West Glens Falls Fire Company, Inc., has requested permission to conduct a fireworks display as follows: SPONSOR: West Glens Falls Fire Company, Inc. PLACE: Fireman's Field - off Luzerne Road DATE: May 31,1997 TIME: 10:30 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York, ~405, is hereby authorized to issue a permit subject to the following conditions: A. An application for permit be filed which sets forth: 1. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. 2. The date and time of day at which the display is to be held. 3. The exact location planned for the display. 4. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. 5. The number and kind of fireworks to be discharged. 6. The manner and place of storage of such fireworks prior to the display. 7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. B. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; C. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the West Glens Falls Volunteer Fire Co., Inc., D. Cleanup of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Law of the State of New York, ~405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 19th day of May, 1997, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: Mrs. Goedert RESOLUTION ACCEPTING DEDICATION OF PARCEL OWNED BY JAMES GIRARD RESOLUTION NO. 214, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, as part of the Girard Subdivision on Cronin Road, James Girard proposed dedicating a 2.42 acre parcel as shown on a "Map of Land of James Girard," dated April 21, 1992 by Coulter & McCormack, Licensed Land Surveyors, Glens Falls, New York and filed in the Warren County Clerk's Office (the "Parcel"), to the Town of Queensbury, and WHEREAS, this proposed property dedication was to be in lieu of payment of recreation fees, and WHEREAS, the Town of Queensbury Planning Board, by Resolution dated July 19, 1994, recommended that the Town of Queensbury accept the parcel, and WHEREAS, Town Counsel has reviewed the proposed property description for the parcel and has determined it to be in a legally acceptable form, and WHEREAS, the Town Board of the Town of Queensbury desires to authorize execution of a deed accepting the property dedication, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts and authorizes the dedication of the 2.42 acre parcel from James Girard in lieu of recreation fees, contingent upon the Town's receipt of a Warranty Deed, real property forms and proof of title in form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury approves the recording and filing of the Warranty Deed and further authorizes and directs the Town Supervisor to execute all documents necessary to complete the recording of the Deed on behalf of the Town of Queensbury, affix the seal of the Town to said documents, and take such other and further action as may be necessary to record the Deed with the Warren County Clerk's Office. Duly adopted this 19th day of May, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: Mrs. Goedert RESOLUTION AUTHORIZING PAYMENT TO HARZA NORTHEAST ARCHITECTS, ENGINEERS AND CONSTRUCTION MANAGERS FOR PREP ARA TION OF SIDEWALK SPECIFICATIONS ALONG AVIATION ROAD RESOLUTION NO. 215, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury previously retained Harza Northeast Architects, Engineers, and Construction Managers (Harza) to provide design services in connection with the Aviation Road improvement project, and WHEREAS, the Town of Queensbury Highway Committee subsequently requested Harza to prepare bid specifications for the construction of sidewalks as part of the Aviation Road improvement project, and WHEREAS, Harza has submitted an invoice in the amount of $1,635.50 for preparation of the sidewalk bid specifications, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to arrange for payment to Harza Architects, Engineers and Construction Managers for preparation of the bid documents referenced above for the amount of $1,635.50 to be paid for from Account 001-1440-4397. Duly adopted this 19th day of May, 1997 by the following vote: AYES Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mrs. Goedert RESOLUTION RETAINING NACE ENGINEERING TO PROVIDE ENGINEERING AND DESIGN SERVICES IN CONJUNCTION WITH THE PROPOSED SWEET ROAD CAPITAL PROJECT RESOLUTION NO. 216, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Highway Superintendent and Town Highway Committee are aware of drainage problems and poor surface conditions on Sweet Road between New York State Route 9 (NYS Route 9) and Country Club Road, and WHEREAS, the Town Board of the Town of Queensbury previously retained the services of VanDusen & Steves Land Surveyors to provide surveying services to provide the necessary base mapping and boundary line detail along the affected right-of-way, and WHEREAS, the Town Board of the Town of Queensbury now desires to retain engineering and design services for the Sweet Road Capital improvement project, and WHEREAS, the Town Highway Superintendent has obtained a quote of $9,000 from Nace Engineering for the engineering and design services, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the retention of Nace Engineering to provide the engineering and design services described in the preambles hereof at a cost not to exceed $9,000 to be paid for from the Sweet Road Capital Project Account #109. Duly adopted this 19th day of May, 1997, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: Mrs. Goedert RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR DEXTER SHOES (KEVIN MC DONNELL) RESOLUTION NO. 217, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Kevin McDonnell has made application to the Town Board of the Town of Queensbury for a Transient Merchant and/or Transient Merchant Market license for a display area for 3- wheel conversions for motorcycles at 1499 State Route 9 on June 3-7, 1997,9:00 a.m. to 9:00 p.m., in accordance with the provisions of Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury previously forwarded said application to the Town of Queensbury Planning Board for recommendation and site plan review, and WHEREAS, the Queensbury Planning Board will consider this Transient Merchant and/or Transient Merchant Market License application at its May 20, 1997 meeting, and WHEREAS, on or about May 14, 1997, the Warren County Planning Board recommended approval of the proposal, and WHEREAS, the Town Board of the Town of Queensbury desires to schedule a public hearing on the application as is also required by Chapter 160 of the Code of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that a public hearing will be held regarding the request for a transient merchant market license for Kevin McDonnell on the 2nd day of June, 1997 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York and at such public hearing all persons interested in the subject matter of the license shall be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury shall give notice of said public hearing to the applicant and owners of property within 500 feet of the applicant's property by regular mail and that a notice of said public hearing shall likewise be published in the official newspaper of the Town a minimum often (10) days prior to the time of the hearing, and BE IT FURTHER, RESOLVED, that the notice of public hearing shall contain the name of the applicant, a general description of the property, the date and place of the hearing, the fact that all persons interested in the subject of a license will be heard, the nature of the action by the Board, i.e., transient merchant license, and the length of time the license will be in effect, and the said notice shall be otherwise in a form to be approved by Town Counsel. Duly adopted this 19th day of May, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: Mrs. Goedert RESOLUTION AUTHORIZING WIRE TRANSFER AGREEMENT WITH EVERGREEN BANK RESOLUTION NO. 218, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Evergreen Bank has requested that the Town of Queensbury enter into an agreement regarding the authorization and execution of wire transfers, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby agrees to enter into an agreement with Evergreen Bank, N.A., in a form to be approved by Town Counsel and a draft of which (without necessary revisions of schedules attached) is hereto annexed, to provide for the electronic or telephone transfer of Town funds from time to time as directed by an authorized representative selected by the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby designates the Town Comptroller and Town Supervisor as the authorized representatives, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall adopt a system of internal controls for the documentation and reporting of all transfers of disbursements of funds accomplished by electronic or telephone transfer, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to sign such agreement and take such actions to enter into this agreement, including, but not limited to, identifying which Town accounts that can be so transferred. Duly adopted this 19th day of May, 1997, by the following vote: AYES : Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: Mrs. Goedert TOWN BOARD MEMBER MATTERS Councilman Turner requested a resolution authorizing Paul Naylor, Highway Superintendent to complete drainage on Park Avenue in South Queensbury. Town Board held discussion and the following resolution was proposed: RESOLUTION AUTHORIZING DRAINAGE INST ALLA TION RESOLUTION NO. 219, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Queensbury Highway Department to install drainage on Park Avenue in South Queensbury. Duly adopted this 19th day of May, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Goedert Councilman Pulver announced the Water Committee meeting scheduled for 2 o'clock, Thursday. Supervisor Champagne announced the meeting at the Moreau Town Hall tomorrow, Tuesday at 7:30 to further discuss the agreement between Queensbury and Moreau. Supervisor Champagne noted letter received today regarding the contribution from the Great Escape to the Recreation Commission, a contribution of a dollar per customer of the Great Escape over the Memorial Day weekend. Planned Discussions - Old Business Town Counsel Bob Hafner gave an overview and summary of the negotiations regarding the agreement between the town and the Town of Moreau regarding the sale of water to the Town of Moreau. OPEN FORUM 7:51 P.M. Mr. Pliney Tucker-Questioned the buy-in cost? Mr. Ralph VanDusen, Deputy Water Superintendent-Stated the buy-in cost at one million, sixty thousand for one million gallons per day. Mr. Tucker-Questioned how the cost was arrived at? Mr. VanDusen, Deputy Water Superintendent-The final construction cost was at one dollar six per gallon. Mr. Tucker-Questioned whether the total cost on the water treatment building expansion was still confidential? Supervisor Champagne-It was never confidential. Mr. VanDusen, Deputy Water Superintendent-If you multiple a dollar six times eleven and a half million that would give you the dollar amount of the total cost. Mr. Tucker-Questioned whether that included the cost of the office building. Mr. VanDusen, Deputy Water Superintendent-No. The operation and maintenance portion is certainly administration. Mr. Tucker-Questioned whether the meeting tomorrow with the Town of Moreau is an opened meeting? Supervisor Champagne-That would be the Town of Moreau's decision since they're conducting the meeting. Mr. Tucker-Questioned whether there have been any recent appointments to the Ethics Board. Supervisor Champagne-We're still in the process, no appointments as of yet. Mr. Tucker-Noted he requested previously an agreement and buy-in charge for the water district on Big Bay Road and has yet to receive it. Councilman Turner-It's an extension to the water district to serve his subdivision and therefore would not require a buy-in charge. He puts the pipes in the ground and turns them over to the town. Mr. Tucker-Questioned the zoning law concerning stormwater, the handling of stormwater in a subdivision? Executive Director, Mr. Martin-There's no zoning law regarding stormwater. Those regulations are in the subdivision regulations and generally speaking, that policy is that your pre-development runoff rate can not exceed your post -development runoff rate. There's a calculation that exists in the regulations that you have to go through for that and generally speaking the Planning Board applies that same approach to their site plan reviews as well. Mr. Tucker-Questioned what position of the town was the board conducting interviews for during Executive Session earlier? Councilman Pulver-It was for the position of Director of Community Development. Mr. John Salvador-Questioned what portion of a utilities cost is intended to be covered by the advelorum portion of the tax? Supervisor Champagne-It's the capital portion. Mr. Salvador-Referred to the stormwater runoff and questioned how the runoff rate is established prior to development? Executive Director, Mr. Martin-I've commonly seen a computer modeling program. Mr. Salvador-Questioned the status of Dunham's Bay Road referring to the previously discussed possibility of placing a traffic counter at the corner to see whether or not a street light was justified. Supervisor Champagne-The board is still reviewing the situation. Mr. Salvador-Questioned whether the town has a traffic counter? Mr. Naylor, Highway Superintendent-The town does not have one. Councilman Monahan-Usually when the street lights are requested it's the neighborhood that comes in and requests them. Supervisor Champagne-Recommended getting a petition together with the request. Mr. Salvador-We're the only ones that are residents there, everyone else comes and goes. Councilman Monahan-I'm concerned this maybe to benefit one individual. Mr. Salvador-No, this is not an individual thing, it's to service an intersection and if that's the town's policy, this is an intersection. Councilman Monahan-We do not light all intersections and I think the question is, is it necessary to light this intersection. Mr. Salvador-At the last meeting, we determined that if we had a traffic count, we could better make a decision as to whether or not it was justified. Supervisor Champagne-We're working on it. Mr. Salvador-I've received final approval on my driveway, would like to be able to access this driveway, to enter upon our lands from the town road... looking to place some signage up that designates it a driveway. Supervisor Champagne-That the approval comes from the Highway Superintendent, the Town Board has no jurisdiction over the town roads. Mr. Salvador-The signs will be on my property. Supervisor Champagne-That's your choice, we can't control what you put on your property. Mr. Salvador-There are other signs up there on the town's road designating no parking, fifteen minute parking and private parking. Councilman Monahan-They were placed by other individuals, not by the town and should be taken down. Mr. Salvador-There's another area of the road that is not marked at all and there's no control of the parking and they're parking on your pavement... recommend controlling the parking one way or another... my customers have had their vehicles towed away after a day on the lake. Councilman Monahan-That's a state vehicle and traffic law, you're not allowed to park on the pavement... we can't tell the sheriff not to enforce the law. Mr. Salvador-There's a dumpster located on the pavement of your town road... it belongs to the DunlIam Bay Boat Company and has been there for years. The town road is designated a one lane road... it's seventeen feet wide... request the town to consider making this a two lane road. Mr. Dennis Brower, Ward 4, Bedford Close-Noted concern that there's a great deal of groundwater in his area... sub-pump running almost full time... aware there was an engineering study done regarding the groundwater.. . Councilman Pulver-I can provide you with a copy. Mr. Dennis Brower-Are the engineers continuing their studies? Councilman Pulver-No. Mr. Brower-Encourage the town to have the engineers check on the data and keep the data up to date. Noted further that his sub-pump goes into his septic system and questioned whether this was proper. Executive Director, Mr. Martin-I do think that would be a violation to the building code and recommend that you contact the building department regarding the situation as soon as possible. Mr. Philip Guliano, owner of Northeast Mediation, a business that offers arbitration and paralegal services in Glens Falls spoke to the board and offered his professional services, at a cost of one dollar to help in resolving the McDermott situation on Sunnyside Road. MCDERMOTT SITUATION - SUNNYSIDE ROAD Mr. Mark Benware, Hewitt Road-I've got a few names here for the people of the community that reside around the area. Supervisor Champagne-The following persons object to noise, dust and dirt caused by motorcycles and request it's demise. It looks like, I don't know, fifteen, twenty plus a letter. Why don't I give this to the secretary, clerk. (Petition on file in the Clerk's Office) Mr. Benware-I ended up being involved as one of the committee members for the people of Sunnyside in that community that opposed all the noise and the dust and what not. And from what I understood, we had a mediator from you folks office and basically what we did was, I sat down and I said well what's the best possible scenario or worst possible scenario. There was no worst possible scenario for any of these people to want to get involved. They were just, they were so discouraged with the whole situation, they wanted it ended. So basically the best possible scenario, you all know. We sat down really basically with all that, there was no mediation to be involved. These people don't want to listen to it, they're sick and tired of it. I don't know, I looked at the situation, well, we already had spoken to the McDermotts and before we had even sat down, this was an agreement, you know it was all written in the paper. Tuesday, Thursday eleven to dusk and or chose a day on the weekend. That week it was business as usual. All day, every day, as many bikes as, I think we saw sixteen on Sunday. Supervisor Champagne-This past Sunday? Mr. Benware-Sixteen bikes, trailers, there must have been eight cars parked on the lot. I just basically, I came to say that, you know, there is no agreement and these people want to do what they can to eliminate this completely. From what I understood if we couldn't get into that situation, we had to file for an appeal to change zoning or whatever, what have you. I don't see, I don't see where mediation is going to do any good because I looked in the paper after what Tom had already said to the mediator, Tuesday, Thursday, eleven to such and such, you would think in good faith with his neighbors that he would try to follow that standard so that they knew that this is a situation he was going to bring. Every day, all day seven days a week and bonus on Sunday, everybody. The parking is up and down the road. There's no access. You guys all know the scenario. It's a never ending thorn. When we were at the workshop, before the mediator, I believe it's Mr. Martin's assistant, I'm not certain. Executive Director, Mr. Martin-Yes, John Goralski. Mr. Benware-Before he had mentioned that maybe we ought to address this, I believe Mr. Champagne, I was sitting behind you to the left, you said that this has been a thorn in my side for the four years that I've been a supervisor and I'd like to end this once and for all. Supervisor Champagne-I'm not sure I said I'd like to end it. Mr. Benware-I'd like to see this situation ended. Supervisor Champagne-Well, yea, we need to come to some kind of compromise. Mr. Benware-And I know that I looked around and four other board members responded to what you said. So I can only assume that this was going to be in a positive sense for the people who pay taxes up in that community. You know, whereas the gentleman that came to the seat, came to the chair before I sat down and said, well there's a lot of people, there's alot of bike riders that would like to address this and what not. The bike riders that come in there do not live in that area and do not pay taxes in that area. There might be three, four, five at the most. These people are coming from allover. Allover and we've tried to make it very clear to you folks this, I don't know, I don't know what else to say, I mean other then we do want to file an appeal. It's getting out of hand. If Tom was going to do it in good faith, he would have followed through with what he had said in the paper and you know, like he said Tuesday, no riding on Wednesday, Thursday, no riding on Friday and maybe one day on the weekend. If you weren't going to give him some time during the week, he wanted all weekend. Well, not even in good faith. It all comes back to the scenario, you give an inch, you take a yard. You know, I don't see where we are going to reach any kind of an agreement with this type of situation. I mean I was in the yard Sunday, planting flowers and plants and stuff, my wife was standing right next me, I live a hundred and fifty, a hundred and seventy yards from that field and I had to holler so she could hear me. I mean I might as well just run a chain sawall day long, seven days a week right next to my ear. It's, I don't know, I think that this, I mean should be more then a situation that the press can occupy space in the paper. This is a serious situation, it's just getting way out of hand. Supervisor Champagne-You've got the letter, we have copies of Jim's letter. Mr. Benware-I've seen that also. Supervisor Champagne-Okay. Mr. Benware-I know it's, I know he's pretty much ran into, you know, nothing he can do at his end. Supervisor Champagne-Now Counsel, do you want to interject anything at this point in terms of what the next stage would be? You're going to appeal, is that correct? Mr. Benware-Yea, we'd like to appeal. Supervisor Champagne-I don't know, what are the perimeters from the Town's position, the Town Board, what kind of steps would be taken or could be taken? I think it's fair enough to share that with the neighborhood. Town Counsel Mark Schachner-There are any number of steps that the Town Board could initiate if it wishes to. There's a zoning administrator determination that said that the users are not in violation of the code largely because they are, what's called a pre-existing non-conforming use. Although, some people are under the impression that if something is a pre-existing non-conforming use, it must be allowed unlimited forever. That's not necessarily correct. If the Town Board sees fit, it could likely enact some reasonable regulations of the use even though it's a pre-existing non-conforming use. Notice I say, reasonable regulations as opposed to flat out prohibition. I think flatly prohibiting a use that has existed for many, many years is very difficult to do in a lawful manner. But there is alot of legal decisions that say that you can impose reasonable regulations even on pre-existing non-conforming use. Mr. Benware-Another question I would like to address. I don't know if I have rights in this situation but boy, I sure would like to see that document that Mr. McDermott Senior passed around to his neighbors getting their approval for his establishment on that corner because all your doing is selling bikes and he's selling road bikes and I believe that if there was a situation where they were off road bikes and they were, it was stated clearly to the neighbors, then that business would never have been established. There's no way because, like you were saying, you were addressing certain issues, well, they believe that because it's kind of way, he's been there for thirty years, forty years, what ever, people think you can just go there and ride and ride as much as you want. You know, getting in that situation, you know, I didn't want to interrupt, that is definitely what happened. I mean, we've gone from neighborhood kids to way out of hand. People from all various communities, big trailers and you know, in different states and whatever, it's Supervisor Champagne-Yea, I've seen the Vermonters over there myself. Mr. Benware-I mean, I would like some peace. A matter offact, I got up Saturday morning and I said, I walked over with a couple of coffee to my father-in-law, I said, I'll buy the next cup if they don't start in an hour and in an hour, it was going. This, it's like, one starts, a couple of neighborhood kids come and then who ever showered up and got their trailers loaded up and headed for the field. I don't know, it's a situation where it's, it was always community kids and all the kids always road back there, that's all well and good. Do you know what I mean? But when you go from a situation where he said, it doesn't have anything to do with my business to off road circuit buddies come and just, in that area just to ride, I think that that does waiver on the fact that it would have a lot to do with his business. I mean, you would have to break down, you would have to break down penny for penny to find out, and I'll tell you what, if I road a hundred miles to come up and ride on somebody's property over the weekend and I blew a piston or whatever and I'm riding on his property, I'll tell you what, I'm going to give him the business. Do you know what I mean? And I think that there is, I think there's alot of, there's alot off actors to consider in that area. My main, I don't want to get off track, we're just here to appeal, you know, let you know we're still here. Supervisor Champagne-So your next step is to put a letter together, is that how that works Jim? Executive Director, Mr. Martin-Well there is a short one page form that should be submitted and it's by the last Wednesday of this month and we can get that on a meeting for June. Mr. Benware-And I do, one thing I'd like to stress very clearly, I do wish that if we are going to make this an issue of that community, making the people of that community. Not people that live where ever. You know, people that have to listen to this every day. I mean if you live two blocks, three blocks down the road and you're kids always road a bike up there, I mean, you can give a kind of, you know, or all the while he's grown up he rode a bike up there, I mean you can kind of show a little discriminative view here because you can't hear it from house. You know what I mean? My kids always rode up there. If you can't hear it, it's not going to drive you crazy. Councilman Pulver-Have you thought of what you, if we put together a reasonable regulation and I'm using Mark's term and tried to regulate that activity, do you have any ideas of what you would like to see there? I mean if, if Mr. Benware-As far as, I mean, that's basically Councilman Pulver-I know but if you had to give in something, what would you give into? Would you want it two days a week? Would you want it from one to five? Would you want Mr. Benware-Well do we have to approach that yet? I mean, we haven't really addressed the fact whether or not we can Councilman Pulver-Right, I'm not sure you do but Mr. Benware-Whether or not we can help this situation. Councilman Pulver-But I think you should think about, you know if it comes to that, that would certainly be the next step. Mr. Benware-Cause I don't want to soften up, I don't want to soften up our situation with, well there's an alternative there and you know, have we consider it? Yes, as a member of the community, you know that wanted to get involved, I, like I was telling you when you first came to address the chair, that I had the best possible scenario and worst possible scenario and the people are like, what are you talking about Mark? This has gone on for two summers with all the magnitude of bikes, we don't want no mediation, it's give an inch, take a yard. Last year the board told them to take the track down. You know, they didn't knock it down, it's still there to this, go on out and take a look. It's still there to this minute. Don't you go there and tell them people that we want to mediate, because we don't and I said, okay, okay. I'm only going to go and address it with what you guys want and basically with the signatures and the people that we talked to and discussed on the said perimeter of that property of which, in which it would only annoy in that area, the majority of just at out rage. They want it ended. If there was a situation where we had to but I'm not going to, I don't want to cross that parallel until we get there. I mean Councilman Pulver-Yea, I understand Sunday it was so loud you could hear them on the golf course up there. Mr. Benware-No kidding. Councilman Pulver-Yea. Mr. Benware-I know I couldn't hear my wife standing next to me, you know I'm a hundred and fifty yards from, like I said, a hundred fifty yards from, a hundred quarter, hundred fifty yards and I couldn't hear my wife, I had to keep telling her, she's like looking at me with disgust and I said, sorry, I can't hear you, you know. She's standing right next to me and I can't hear you, you've got to speak up. I don't know. Supervisor Champagne-Well our next step obviously is to appeal it. Councilman Pulver-Is to appeal. Supervisor Champagne-And we'll go from there. Mr. Benware-Okay. Councilman Turner-You've got to appeal it. Mr. Benware-Okay. Now what do I Councilman Turner-You've got to come to him and get a form. Executive Director, Mr. Martin-Remember you picked up that form from our office, it's a short one page form. Mr. Benware-Stop in the municipal building and pick up a form? Executive Director, Mr. Martin-Yes. Councilman Turner-You've got to appeal his determination. Mr. Benware-Okay. Executive Director, Mr. Martin-You can get a copy of that from Sue Davidson. Mr. Benware-Okay, Sue Davidson. Supervisor Champagne-Do that by Mr. Benware-So, I'll stop in the office and Executive Director, Mr. Martin-The last Wednesday of this month, whatever the date is Mr. Benware-And with this appeal, do I hand it in with just my signature or do I give the neighbors so that you people know that the community is involved or Executive Director, Mr. Martin-If you get that form in by May 28th, that will reserve you a date on the agenda and then if you want to get petitions or anything like that, you can present that to the Zoning Board in their consideration to the appeal. You don't have to have all of that by the 28th. I mean that will give you some time to get whatever other material you want to get together. Alright? Mr. Benware-Okay. Councilman Pulver-I think you only need just one person to sign that appeal, it can be one person. Executive Director, Mr. Martin-Yea, it can be one person but if you want to show the magnitude of your complaint, if you want to get a letter, petition or whatever. Mr. Benware-Well I think people showed that last spring with the people coming in and the video tapes, and there was alot of angry folks. A matter of fact, I never even, I never even came to the chair because I just, the only reason I was going to is if somebody didn't say anything and God, you must have had twenty people come up here. Supervisor Champagne-Yea, I still remember. Mr. Benware-I mean they were pretty interested. Executive Director, Mr. Martin-That will be a public hearing and people will be noticed with five hundred feet. Mr. Benware-Yea, I definitely would like to see that, I mean as far as the perimeter. I'm not talking neighbor, people that ride from, you know Moreau or up in Comstock or I mean, as far as Rochester or Vermont. Executive Director, Mr. Martin-Just make sure that you get that in by the 28th. Mr. Benware-Okay, I'll stop in some time this week. Thank folks. Supervisor Champagne-Thank you. Councilman Pulver-Thanks Mark. Eric Etu, Sunset Drive-Referred to the sale of water to the Town of Moreau and questioned why the residents of Queensbury pay more for water then the eighty cents that is being offered to Moreau, questioned the huge discount? Mr. Tom Flaherty, Water Superintendent-The eighty cents is a bulk rate and represents the production cost to produce and treat a thousand gallons of water at the treatment plant. The dollar fifty-two the residents pay, covers not only the treatment and production of the water, the maintenance of the distribution system, reading of the meters, answering of complaints and the service you get at your house. Councilman Monahan-I'd like to make something very clear, that in no way will Queensbury water users or Queensbury taxpayers be subsidizing any bit of the sale to the Town of Moreau. It will stand by itself, it will pay for itself. The figures support the sale to the Town of Moreau. Mr. Etu-Ifwe are to make a small profit in all of this, will this some time down the road be reflected in our costs? Councilman Monahan-Every cent generated by the water department goes into the special fund because the water department budget is separate by law, it's a special district. It will all benefit the people in the Town of Queensbury in the long fUll. Dorothy Burnham, Boulderwood Dr. -Questioned the status of the action to control the continued expansion of Harris Logging on Pickle Hill Road? Supervisor Champagne-The last time we talked about that, Counsel, can you help me with that? Town Counsel Schachner-As I recall, until you had further discussions with Mr. Harris about whether he really was moving to Fort Ann and if so, what the time frame on that was, whether in the mean time he was going to comply with some of the representations that I believe he made to some of the Town Board Members about things that would not be occurring on the property during the interim and this is dating back many months to when I think the Supervisor and one other board member visited Mr. Harris. Ms. Burnham-Concerned with the continual mess, noise, dust, pollution, ground pollution, sound pollution... impossible to sit on your porch in the summer and enjoy the quiet. If you can write a regulation to control something that already exists as pertains to motorcycle riding, why can you not write a regulation to control what already exists in the way of a trucking, logging, excavation, whatever kind of thing. Executive Director, Mr. Martin-There are some parallels in my opinion but always with this case or this one particular issue the unique aspect of this is that you do have a supreme court decision that exists and that is unique and separates this apart from your previous reference and there's some language in there that is a cause for concern. Ms. Burnham-It gets worse and worse. I've been away for four months and when I came back, it was worse. I'm just totally frustrated by the fact and I realize that the court decision is there but it seems to me there must be some obscure law somewhere or regulation that we could use to alleviate the nuisance. I want to thank Jim for all his help, he's been more then helpful, you haven't solve it but... Executive Director, Mr. Martin-I don't feel good about the outcome from your point of view, it's frustrating. What I can do at least, we have had, into court several times on junk issues and have had some success in that regard. I'll make a note here and Dave can take a drive by and see if there's anything that's in violation of that. Ms. Burnham-Good. The water table there is, not where I live but for the other people, the water table is very high and all that grease and oil and diesel fuel and what have you is going right into the ground. Thank you. Richard Merrill, Sunset Trail-On the Harris case, has there been a change in land use? It used to be logging and we're talking about pre-existing logging and I think he's very heavy into excavation now. Town Counsel Schachner-Just to put this into context, the court decision that we're referring to which is literally as I recall, I haven't looked at this in several weeks, several months actually and I think it's about ten years old now or more but the court decision we're referring to is a decision of the Warren County Supreme Court and although when it was brought, the focus was actually as I recall on construction of one of the garage buildings. The case got into talking about a whole range of operations ranging from farming to logging to construction to use of heavy machinery and a whole laundry list as I recall and the court decision, there's language in the court case that could be construed to hold that, and it's kind of vague and I don't mean to be vague myself but that's how the decision is, that could be construed as holding that all of these activities have gone on for many, many, many years at the property and that therefore all of these activities can continue as of right. Again, we're not trying to be vague in answering your question, it's hard to really know exactly what the court decision means in the context both of what was the problem then and especially what's the problem now. Mr. Merrill-The other point, I think Dorothy brings up a very good point on the groundwater contamination. Are there any AP A regs or anything on that? Town Counsel Schachner-There are no specific APA Regulations about groundwater. Councilman Monahan-But there are, I believe DEC Regulations of what you can put in the ground when you run a business. If it's suspected that there is a violation of the DEC regulations, that should be turned over to DEe. Town Counsel Schachner-If that's a concern, there are Environmental Conservation Officers, ECO's that reports can be made to and they will investigate any alleged violations of the Environmental Conservation Law and if they find anything, they will enforce that. Discussion held regarding water rates... Mr. Tucker-Referred to the land dedication of Mr. Girard and questioned whether this in lieu of recreation fees and if so, how much? Councilman Turner-It's the green way along the brook and yes it's in lieu of recreation fees in the amount of fifteen hundred dollars. OPEN FORUM CLOSED 9:40 P.M. (Councilman Pulver temporarily left meeting room) RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 220, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss labor relations, grievances, potential litigation and personnel. Duly adopted this 19th day of May, 1997, by the following vote: AYES: Mr. Turner, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Goedert, Mrs. Pulver RESOLUTION TO RECONVENE RESOLUTION NO. 221, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board. Duly adopted this 19th day of May, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Goedert RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 222, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss Attorney/Client Privilege matter. Duly adopted this 19th day of May, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Goedert RESOLUTION TO ADJOURN EXECUTIVE SESSION AND BOARD MEETING RESOLUTION NO. 223, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns there meeting. Duly adopted this 19th day of May, 1997, by the following vote: AYES: Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Goedert No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY