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1998-04-06 REGULAR TOWN BOARD MEETING APRIL 6,1998 6:30 P.M. MTG#13 RES# 126A-140 B.H. # 8-11 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS CONTROLLER, HENRY HESS WATER SUPERINTENDENT, RALPH VAN DUSEN HIGHWAY SUPERINTENDENT, P AUL NAYLOR EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND SUPERVISOR CHAMPAGNE-Opened meeting. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 126A. 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session for interviews for newsletter. Duly adopted this 6th day of April, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 126B. 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FORS ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 6th day of April, 1998, by the following vote: Ayes: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None Absent:None TOWN BOARD MEETING 7:05 P.M. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RICHARD MERRILL PUBLIC HEARINGS LOCAL LAW ESTABLISHING A TEMPORARY MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT OPENED NOTICE SHOWN SUPERVISOR CHAMPAGNE-Mark can I call on you to kind of give us a briefing on what we're trying to do with that. TOWN COUNSEL, MR. SCHACHNER-The proposed local law is quite similar to one that was previously enacted several months ago. The basic idea would be to impose a temporary moratorium on adult type uses and those uses are set forth in the proposed local law. Within one-thousand feet (1,000') of institutions of religious worships, schools, and any zoning districts which allow residential uses as well as any existing adult uses. There is a blank in the local law that is intentional as to when you wanted it to last until if you decide you want to enact this local law. My suggestion would be the better part of ninety days or three months Just to make it easy I would suggest the end of the month of July in other words July 31 st, but that's just a suggestion it's up to the Town Board as to whether you wish to enact the law after the public hearing and if so what duration you want it to be. I suggest that amount of time only because as opposed to say a year or much longer period of time because it is by definition a temporary moratorium the idea being the Department of Community Development and the Town Board would still consider looking at a permanent law. SUPERVISOR CHAMPAGNE-Anyone here to speak on behalf or against? CHRISTINE GERTON-2 Fox Hollow Lane, Queensbury. I feel that the town should enact legislation concerning adult entertainment in light of the event of the past months I think it is necessary. It is unfortunate that three of the board members were not present when a similar situation arose since statements given at that time gave good insight as to where some members of our community stand on this issue. On this issue in general it is simply not a matter of either avoiding or not soliciting these places because to do so does not mitigate their effect on our community. The Department of New York State Division of Local Government has complied data of the facts of communities of similar size. Primarily it is like a cancer in that you don't realize the effects until the damage is done. The secondary documented harmful effects are more visible. Decrease property values, inability to restrict minor excess to the adult uses, and attraction of transients. This was a major concern when Video Broker proposed opening in a residential area of our town carrying X rated videos. Hollywood Video, Big Dog, Video World, Blockbuster, did not and do not carry adult entertainment videos our motto is pro business and rightly so. The irony is that one day an article appeared in the Post Star announcing the opening of a video store in a family type mall located in a residential area near a High School, Middle School, and Elementary School, three places of Worship, and a Drug Free Zone planning to carry the largest selection of adult videos in northern New York State. While in the paper articles appeared about Wilton even New York City touting the fact that they are enacting zoning laws to keep adult entertainment out of inappropriate areas. Although, I must applaud Mr. Champagne with his appearance on a local Albany TV news station putting a positive light on our community regarding this matter. If adult entertainment was so acceptable why doesn't it exist in our Aviation Mall or in the Lake George business district, could it be that the visiting public would find it offensive. Therefore does it make sense to bring it into a residential area a type of traffic that is there solely to seek adult entertainment. Surely as in the case of Video Broker intelligent businessmen using common sense realize that a door simply does not protect the general public and would they wish to have their employees living in that area. Entertainment does not need to have socially redeeming qualities, but adult entertainment is not a victimless form of entertainment. If a zoning law is enacted Video Broker will be the only adult entertainment in any town, residential area at this time subjecting us to the traffic of those seeking this entertainment. Rather, I hope that the Town Board uses their legal right upheld by the highest court in New York State as exemplified by the Springfeld Case and remove this adult entertainment. Furthermore, Mr. White owner of Video Broker to paraphrase and publicly said that it was a bad mix and that the school system would not avail themselves of any his educational material if he carried adult videos. Rather as reported in the paper than give conditions as his lawyer requested he should apologize to the Town Board and the public for saying he would not carry X rated videos and then proceed to do so. In conclusion, I urge the Town Board to adopt a zoning law concerning adult entertainment using a distance requirement from schools, places of worship, and residential areas. I feel that in by doing so its a win win situation for our community. With other areas around us and throughout the state enacting similar laws where we stand out as one that does not protect our citizens. No one loses in zoning of this kind to use buzz words like we can't regulate morality or that this is a constitutional matter does a disservice to the public by clouding the issue. This law would in no way prohibit adult entertainment but merely seeks to keep it out of inappropriate places. This is not a first amendment constitutional issue but a zoning issue. Zoning is the appropriate tool whether adult video strip bars or massage parlors to keep residential areas free of the transient traffic. By using the State Zoning Enabling Law, Town Law 261, the Town Board is entitled to promote the morals and well being of its citizens. I hope that the Town Board exercises their rights and duties to make Queensbury a better place. SUPERVISOR CHAMPAGNE-Anyone else for or against? Anything from the Town Board? I'll close the public hearing. PUBLIC HEARING CLOSED DISCUSSION HELD TOWN COUNSEL, MR. SCHACHNER-Noted the board needs to decide time frame, recommended July 31st, 1998. BOARD-In agreement. COUNCILMAN IRISH-Questioned if ninety days was enough time? EXECUTIVE DIRECTOR, MR. ROUND-Yes. As discussed some time ago they need some additional guidance from the Town Board as to what types of activities need to be regulated and the mechanism for that. RESOLUTION TO ENACT LOCAL LAW NO. 1, OF 1998 A LOCAL LAW OF THE TOWN OF QUEENSBURY ESTABLISHING A TEMPORARY MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT USES RESOLUTION NO. 127. 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury feels that adult uses and adult entertainment uses in proximity to religious institutions, schools, residential uses and other adult uses may constitute a detriment to the health, safety and welfare of the people of the Town of Queensbury and therefore, the Town Board is considering regulation of such adult and adult entertainment uses in the Town through Local Law, and, WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting Local Law NO.1 of 1998 entitled "A Local Law of the Town of Queensbury Establishing a Temporary Moratorium on Adult Uses and Adult Entertainment Uses," which Law shall authorize a temporary moratorium on the conduct of new adult uses and adult entertainment uses within one-thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adult uses in the Town of Queensbury while the Town contemplates regulation of such uses through further Local Laws, 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 the date and time for the public hearing, and WHEREAS, a public hearing with regard to this Local Law was duly conducted on April 6th, 1998, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law Establishing a Temporary Moratorium on Adult Uses and Adult Entertainment Uses" to be known as Local Law NO.1 of 1998, 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 6th day of April, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT:None LOCAL LAW NO.1, 1988 A LOCAL LAW ESTABLISHING A TEMPORARY MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT USES The Code of the Town of Queensbury is hereby amended by adding the following local law as follows: SECTION 1. Purpose. The Town Board hereby finds that the conduct of adult uses within one-thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adult uses, results in decreased property values, increased loss of business for non-adult businesses and deterioration of residential neighborhoods. This Local Law will protect the general welfare, health, safety and well-being of the persons and property of the Town and the integrity of the Town Master Plan and Zoning Ordinance by temporarily prohibiting the conduct of adult uses within one-thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adult uses, pending the Town's review and possible revision of the Master Plan and Zoning Ordinance regarding such adult uses. This Local Law is adopted pursuant to ~ 10 of the Municipal Home Rule Law and Article 16 of the Town Law. SECTION 2. Definitions. As used in this law, the following terms shall have the meanings indicated: ADULT ENTERTAINMENT USES: A public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcade; adult bookstore or adult video stores; adult arcade; adult cabarets; adult motels; adult motion picture theaters; adult theaters; escort agencies; nude model studios and sexual encounter centers. Adult Use and Entertainment Establishments customarily exclude persons seventeen years of age and younger. "ADULT" ARCADE: Any place to which the public is permitted or invited wherein coin- operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at anyone time, and where the images so displayed are distinguished or characterized by depicting or describing "specified adult activities" or "specified anatomical areas." "ADULT" BOOKSTORE or "ADULT" VIDEO STORE: A commercial establishment which offers for sale or rental for any form of consideration anyone or more of the following: A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified adult activities." B. Instruments, devices or paraphernalia which are primarily intended, labeled, designed, advertised or promoted for use in connection with "specified adult activities." ADULT CABARET: A nightclub, bar, restaurant or similar commercial establishment which regularly features: A. Persons who appear in a state of nudity; or B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified adult activities;" or C. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified adult activities" or "specified anatomical areas. " "ADULT" MOTEL: A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified adult activities" or "specified anatomical areas," and has a sign visible from the public right -of-way which advertises the availability of this adult type of photographic reproductions. "ADULT" MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified adult activities" or "specified anatomical areas." "ADULT" THEATER: A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified adult activities." ESCORT: A person who, for a fee, tip or other consideration, agrees or offers to act as a date for another person; for consideration, agrees or offers to privately model lingerie for another person; for consideration, agrees or offers to privately perform a striptease for another person; or, for consideration but without a license granted by the State of New York, agrees or offers to provide a massage for another person. ESCORT AGENCY: A person or business association who furnishes, or offers to furnish, or advertises to furnish, escorts as one of its primary business purposes for a fee, tip or other consideration. NUDE MODEL STUDIO: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration, other than as a part of a course of instruction offered by an educational institution established pursuant to the laws of the State of New York. NUDITY or a STATE OF NUDITY: The appearance of "specified anatomical areas." PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity. SEMI-NUDE: A state of dress in which clothing covers no more than the "specified anatomical areas," as well as portions of the body covered by supporting straps or devices. SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its primary business purposes, offers, for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi- nude. SPECIFIED ANATOMICAL AREAS: This means and includes any of the following: A. Unless completely and opaquely covered, human genitals, pubic region, buttocks or breasts below a point immediately above the top of the areola; and B. Even if completely and opaquely covered, male genitals in a discernibly turgid state. SPECIFIED ADULT ACTIVITIES: This means and includes any of the following: A. Actual sex acts, normal or perverted, including intercourse, oral copulation or sodomy; B. Masturbation; C. Excretory functions; or D. Actual acts of dismemberment, mutilation or torture of humans or animals. SECTION 3. Moratorium. After the effective date of this Local Law, no Town official, Department or Board may accept, review or approve any applications for the conduct or expansion of adult uses and adult entertainment uses within one-thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adult uses in the Town of Queensbury, nor shall any such uses be undertaken by any person in such areas during the effective period of this Law unless such use is a pre- existing lawfully established use as of this date. SECTION 4. Severability . If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. SECTION 5. Effective Period. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in ~27 of the Municipal Home Rule Law and shall expire on July 31st, 1998. LOCAL LAW - TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER ENTITLED "APPEARANCE TICKETS" OPENED 7:15 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Mark, I guess we'll open that and I'll ask you to give us a briefing on that one. TOWN COUNSEL, MR. SCHACHNER-This is a local law that we've discussed previously that would basically give the Code Enforcement folks downstairs another means of starting an enforcement action. It was actually their suggestion that he came to us and ask whether there was a way that they could issue appearance tickets in the field so to speak that would actually start the action it would be similar to almost a traffic ticket that a police officer issues. Their feeling being that some people would be inclined to comply earlier in the process if right away they get hit with a ticket that forces them or tells them they are due in court on a certain date at a certain time. This local law does not in anyway at all change the existing enforcement tools and mechanism it just adds another option for the code enforcement people. SUPERVISOR CHAMPAGNE-I guess, I like it because it is going to take out having to run back to the judge in order to get a warrant and then back to the individual. It saves an awful lot of time and effort in chasing him down. I found they spent a lot of time trying to accomplish that in the past. COUNCILMAN IRISH-Now this affects Code Enforcement and Animal Control are they the only two who else would be? TOWN COUNSEL, MR. SCHACHNER-No one else jumps to mind. COUNCILMAN TUCKER-Director of Building and Codes, Code Compliance Officer, Building Inspector, Animal Control Officer, Fire Marshal, and people that they designate. COUNCILMAN IRISH-PIiney wants a ticket book. COUNCILMAN TUCKER-No. I just want to tell you a little story. You know handicap parking we give the guy the authority here to go around and issue tickets for handicap parking. He happened to be driving by Storytown one day Storytown was closed. The lady that worked for Mr. Woods was parked in one of those areas and he issued a ticket even though the place was closed. My idea on this is I think there should be some limit to who is going to be doing this work controlled by Zoning, Planning, whoever, or Mr. Round. The strange thing you give people power and some of them don't know how to use it. SUPERVISOR CHAMPAGNE-Obviously if the board finds that this law is to restrictive or it is not being used in the best interest of the citizens we can obviously pull the law. I think to expect a Building Inspector or a Code Enforcement officer to come back to get approval from Mr. Round I think..... COUNCILMAN TUCKER-I didn't mean that Fred. I meant to limit it to a certain amount of people. SUPERVISOR CHAMP AGNE- Those that you just identified right is that what you are saying. COUNCILMAN TUCKER-Yea. SUPERVISOR CHAMPAGNE-That would have to be right? TOWN COUNSEL, MR. SCHACHNER-It is already part of the law. Enforcement Officer is expressly defined in the law the way Mr. Tucker explained it. SUPERVISOR CHAMPAGNE-Anything else? Anything more on the public hearing? I'll close the public hearing. PUBLIC HEARING CLOSED 7:16 P.M. RESOLUTION TO ENACT LOCAL LAW NUMBER 2 OF 1998 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER ENTITLED, "APPEARANCE TICKETS" RESOLUTION NO. 128. 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by adding a new Chapter _ to be entitled, "Appearance Tickets" which Chapter shall provide additional enforcement provisions to the existing Town Code, 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 April 6th, 1998, 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 the Code of the Town of Queensbury by adding a new Chapter _ thereof, entitled, "Appearance Tickets," to be known as Local Law Number 2 of 1998, 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 6th day of April, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER ENTITLED "APPEARANCE TICKETS" SECTION 1. The Code of the Town of Queensbury is hereby amended by adding a new Chapter_, entitled "Appearance Tickets," as follows: ~ -1. Purpose. The purpose of this Chapter is to provide an additional means of enforcement of the Town Code ("Code") by authorizing the appropriate enforcement official to commence a criminal action in the local criminal Court by issuing an appearance ticket as defined, authorized and set forth in the New York Criminal Procedural Law. This Chapter is intended to provide additional enforcement provisions to the existing Code enforcement provisions and does not replace or supersede existing Code enforcement provisions. This Chapter is authorized by ~1O(4)(a) of the New York Municipal Home Rule Law and ~ 65, ~135 and ~268 of the New York Town Law. ~ -2.Definitions. ENFORCEMENT OFFICER - The Enforcement Officer is the official or officials authorized by any provision of the Code to enforce the Code, including but not limited to the Zoning Administrator, Director of Building and Code Enforcement, Code Compliance Officer, Building Inspector, Animal Control Officer and Fire Marshal, and their designees. ~_-3.Appearance Tickets. In addition to any other enforcement provisions set forth in the Code, the Enforcement Officer is authorized to commence criminal proceedings in the local criminal Court by issuing an appearance ticket as defined, authorized and set forth in the New York Criminal Procedure Law. SECTION 2. Severability . If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provisions and all other provisions shall remain in full force and effect. SECTION 3. Effective Date. This Local Law shall take effect upon filing in the office of the New York Secretary of State as provided in ~27 of the New York Municipal Home Rule Law. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 129. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 6th day of April, 1998, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne Noes: None Absent:None PUBLIC HEARING - SANIT ARY SEWAGE DISPOSAL ORDINANCE FOR MYRNA TABOR OPENED 7:20 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Anyone here to speak on behalf or against that proposal? NORMAN CORY-We live at 43 Parkview Avenue. Myrna Tabor is thirty nine, we also, her parents live at 41 Parkview Avenue. We have a problem in that area with high water table. I was told by the people that do septic and stuff in that area that they feel that the lower end ofParkview Avenue everything runs down towards our area into the woods across the street where the cross country skiing is. What it is we all have built in sub-pumps and we've had problems with water for years and it is just something we have to deal with year in and year out. We just believe, I understand she wants to put her septic in closer to our property lines then what is standard procedure, I guess is what ten feet or something. I guess she wants to put it five feet we have a letter from her parents which aren't in town right now and also we're here on our behalf that we don't think that's a very good idea and we would vote against that having that any closer to our property than necessary due to the fact of the high water and stuff like that. KIM CORY-My parents Louis and Vivian Mc Arthur live at 41 Parkview Avenue. They received a letter of this notice and sent me this letter they both signed it, Louis R. Mc Arthur, Vivian J. Mc Arthur, Town of Queensbury. We are not in favor of a five foot variance or any change oflaws for septic systems requested by Myrna Tabor. SUPERVISOR CHAMP AGNE- Their name is Mc Arthur? MRS. CORY-Yes. Mc Arthur, Louis and Vivian. COUNCILMAN IRISH-And their forty one? MRS. CORY-Yes they are. COUNCILMAN IRISH-They abutt the property. MRS. CORY-I have this letter you can have if you want. DEPUTY CLERK O"BRIEN-You can submit it to me and I'll put it in for the record. COUNCILMAN TURNER-How long have you lived there? MR. CORY-Since 1980. COUNCILMAN TURNER-You have problems with your septic? MR. CORY-Yes. COUNCILMAN TURNER-In what way? MRS. CORY-Not problems with our septic it's the high water table. COUNCILMAN TURNER-I understand that. You have a cellar? MR. CORY -Yes, all the houses... COUNCILMAN TURNER-One pump in the cellar, two pumps or what? MR. CORY-We have one pump we could use two, but we use one. It's a problem for months at a time. Like I said, I understand that they said that field seems to run directly toward our end of the street which is down from her house and it is just something we feel if anything that's any closer to our line we just would rather not have that. COUNCILMAN TURNER-You have town water? MR. CORY-I believe so. MRS. CORY-Yes we do and parents have town water. COUNCILMAN TURNER-Why would the decrease in the footage bother you as much she has to have a septic system whether it is ten feet back or five feet closer? MRS. CORY-Well we're just concerned the closer that it is to our property..... COUNCILMAN TUCKER-It is not going to be closer to your property. The distance requires ten feet from the public right-a-way and she has to go five feet from the public right-a-way. It is not going to be any closer to your property either way. MRS. CORY-I see. COUNCILMAN TUCKER-We have a letter here from Mr. Hatin would the clerk please read it. MRS. CORY -Okay, we thought it was in her backyard which it would be closer to where, because we border here. SUPERVISOR CHAMPAGNE-You are 101.5-19 is that where you are? MRS. CORY-I believe so. Where Fire Road bumps this way we're on that other street. COUNCILMAN TURNER-You are on the other side of the road right? MRS. CORY-Yes. MR. CORY-We didn't receive a map or anything. The way we understand it from the letters and stuff we assumed she was in her backyard which borders our property. COUNCILMAN TUCKER-She is replacing it in the same area that it is now. It is in her front yard now and the Ordinance requires that the septic tank be twenty feet from the foundation. When she puts in the new system the septic tank has got to be twenty feet from the foundation. In order to do that and have the proper measurements for the leach field she's got to be five feet from a town right-a-way instead often that is the variance that she is looking for. MRS. CORY-Okay, thank you. TONY SIGNORELLI-I'm going to do the plumping work and the septic and I'll be moving it closer to the street that's all. SUPERVISOR CHAMPAGNE-It won't impact them at all really. MR. SIGNORELLI-By the time you get the setback for the tank and you measure up the field it is five feet closer to the road that's all. COUNCILMAN TUCKER-I gather you folks are satisfied. MRS. CORY-Yea, we're fine. COUNCILMAN TURNER-Is the old system in the front yard the leach fields? MR. SIGNORELLI-Everything is in the front. COUNCILMAN TURNER-So you are going to take the old ones out? MR. SIGNORELLI-While the pit is still collapsed. The reason why the tank is about thirty feet from the house cause at the time they said sewers were coming through. So they brought it all out figuring they wouldn't need it and they take it and tie it right into the sewer line, but that's not the case. Now we're going to move the septic back to the house then put the field. They ran a water main in there about September, six foot down we didn't hit any water at that time of year. SUPERVISOR CHAMPAGNE-September, you said September? MR. SIGNORELLI -Yeah. As far as the high water table I don't, nothing about that. SUPERVISOR CHAMPAGNE-Anyone else care to add? JOHN SAL V ADOR-I heard mentioned of the fact that this variance is to allow the septic system to encroach to five feet to the public right-a-way what is the public right-a-way? SUPERVISOR CHAMPAGNE-On that particular road... MR. SALVADOR-It is a road? COUNCILMAN TURNER-Yes. MR. SALVADOR-It's a road. COUNCILMAN TURNER-Parkview Avenue. MR. SALVADOR-Is it a road that has been dedicated. SUPERVISOR CHAMPAGNE-John I don't know that. MR. SALVADOR-Has it been mapped? Do we know where the limits of the right-a-way are? SUPERVISOR CHAMPAGNE-I don't know that. I have to assume that whoever put this plan together and proposed it to the Town determined it, a right-a-way, it is a road by use, is it a dedicated road. Did they measure from the center of the road plus the footage that represents a dedicated road, I don't know that. MR. SALVADOR -You are only playing with five feet so you better know that you have the right reference line. COUNCILMAN TURNER-John I would think this is well clarified by Dave Hatin. COUNCILMAN TUCKER-John it is within five feet of the property line. MR. SALVADOR-That's different. COUNCILMAN TUCKER-Of the property line. MR. SALVADOR-It is the property boundary? COUNCILMAN TUCKER-Yeah. MR. SALVADOR-So it is not the right-a-way? COUNCILMAN TUCKER-That's what Dave Hatin's letter says. COUNCILMAN IRISH-I think he was just using that for a reference that's going towards the public right- a-way and not towards a residential property. MR. SAL V ADOR- There is a difference between measuring from a public right-a-way and a property boundary they may not be coincedencent that's all I'm saying do we know? COUNCILMAN TUCKER-Dave's letter on it states it is five feet from the property line. SUPERVISOR CHAMP AGNE- That's what the letter states. The man's shaking his head back there that's putting it in there. MR. SALVADOR-Is there a survey that's all? SUPERVISOR CHAMPAGNE-John we don't survey every septic tank that goes in that's not our practice. Thank you for your information. COUNCILMAN MERRILL-I believe this map is from the tax map so that would be the property line. MR. SALVADOR-Tax maps they are not a valid survey you ought to know that. SUPERVISOR CHAMPAGNE-Anyone else? Anything else from the board? We'll close that public hearing and let's vote. PUBLIC HEARING CLOSED 7:20 P.M. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR MYRNA TABOR RESOLUTION NO.: 8.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, Myrna Tabor previously filed a request for a variance from a provision of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provision being more specifically that requiring that there be a ten feet (10') distance between the absorption field and the property line, 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 April 6th, 1998, 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; and 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 granted is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to Myrna Tabor allowing the placement of the absorption field five feet (5') from the property line in lieu of the required ten feet (10') distance on property situated at 39 Park View Avenue, Town of Queensbury, New York, and bearing Tax Map No.: 101-5-20. Duly adopted this 6th day of April, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None PUBLIC HEARING SANIT ARY SEWAGE ORDINANCE FOR RICHARD SCHERMERHORN -TOM NACE, NACE ENGINEERING REPRESENTING RICHARD SCHERMERHORN OPENED NOTICE SHOWN TOM NACE-Would you like a presentation or.... just available to answer to questions. SUPERVISOR CHAMPAGNE-We like to hear first of all why we're doing what we're doing and anything else you can add to that. Evidently there has been some concern that its a fill system and I guess we need to know a little bit from you as to the rationale for going the direction we're going. MR. NACE-The proposal is for septic variance for a new apartment complex which has been through the Planning Board for site plan review. The septic system for this is over a thousand gallons a day therefore it is jurisdictional with New York State Department of Environmental Conservation. We have received the Speedes Permit from DEC for the system. The reason we're here is that the Town Code has a section in it which says that fill systems for leach fields cannot be installed on slopes over ten percent. If you look through the various regulations there are discrepancies between one and the other as to what is permitted and what isn't permitted for natural grade under a fill system. As I said the Town Code says ten percent. The DEC Code we're working with because it is a DEC jurisdictional system says that anything up to twelve percent is permitted as a standard fill site and up to twenty percent is permitted as a severe condition fill site. Now you have to remember two things. One, the site that we're on the existing ground water is between two feet and four feet below the surface. The reason we're putting any fill in it at all is to get additional separation from groundwater as required by the codes. We could in all instances put in what is called shallow absorption trenches in which the bottom of the trench is put down just into the existing ground and then fill brought up to cover the pipe and the system. The reason we are using a fill system is because as a design engineer have recommended it. I feel that it is a better design, it is more efficient it will give better treatment ,it will probably last longer, and it will provide a slope that is more maintainable can be landscaped and mowed more easily. Even though it is classified as a fill system because the bottom of the trenches are up in the fill material we don't have to have a fill system to strictly meet code. That's basically what we're asking is that he be permitted to put in a fill system and the fill that's being used as additional material to level the site off prior to constructing the septic systems. I should also note that of the existing, the existing site were using for the fill systems underneath four of the fields the slope does conform to standard. It is only under two of the systems there are six fields in total underneath two of them we do have slopes in excess of twelve percent, but only two. The rest of the site conditions are very non- severe for septic fill systems. The soils are good the percolation rates are in an ideal range of the five percent variety. Other than the slope as defined in your code the rest of the system we feel to be more than adequate. SUPERVISOR CHAMPAGNE-Anyone else? I guess we'll take either side now those for or against. Anyone care to speak for or against the proposal? COUNCILMAN TUCKER-Fred, I have a question for Torn. Tom how much fill are you going to be putting in? MR. NACE-It varies across the site on the upper fields..... COUNCILMAN TUCKER-The two beyond ten percent. MR. NACE-Give me half a second to look at the plan. Underneath the field the most fill is probably over in the southeast corner and the finish grade contour there is three fifty four and the existing grade contour is three forty four so ten feet. COUNCILMAN TUCKER-Is this going to be compacted as it goes in? MR. NACE-It will be lightly compacted, yes with a track vehicle and be allowed to settle. DEC requirements for the speedes require that those three fields on the bottom are actually constructed and fill be allowed to consolidate for a year before the systems are put in. At that time percolation tests have to be run to verify the perc rate of the material. COUNCILMAN TUCKER-These are all going to be leach fields? MR. NACE- Y es they are. They are alternating leach fields because they are up on higher grounds we're pumping up to thern. There will be alternating pumps so that one field can rest while the other is active. COUNCILMAN IRISH-Did you just say you had to do another perc test? MR. NACE-We will according to DEC regulations. Once the fill material is in consolidated over over winter cycle then we have to go back and to an additional perc test. COUNCILMAN IRISH-You only have two septic's that you are concerned with as far as the variance? MR. NACE-As far as the ten percent grade. I said two there are three. There is one that is ten point nine percent something like that existing grade and the other two are in the fifteen to eighteen percent variety. COUNCILMAN IRISH-You can build the other three to code correct? MR. NACE-Yes that is correct the upper ones we can build to code. COUNCILMAN TUCKER-There are only three you are looking for. MR. NACE-That is correct. SUPERVISOR CHAMPAGNE-Anyone else? JOHN WILLIAMS-Walker Lane. Somebody has to ask a question or two. My question is this. If the Board of Health has certain rules that pertain to the health of everybody why can they make a change or an alternation where obviously it would affect everybody can anybody answer that? Otherwise you could go around and change any of their rules. SUPERVISOR CHAMP AGNE-I think John what is being asked for here is a variance. Whether you are a Board of Appeals or whether you are a Town Board or Board of Health I think there are circumstances that might on occasion cause a variance in order to make something work even better. I have to believe that from what I'm hearing from engineers and I guess that's why we hired an engineer and I'm going to ask Bill Levandowski if he would who represents the Town on this to make a comment here in a moment. Given the lay of the land as Mr. N ace indicated it could serve as it is right now. As an engineer his belief is that by filling and bringing the material up throughout a full year of impact has got to improve the conditions that are there at the present time that's how I understand it. MR. WILLIAMS-It seems strange to me really that water does run down hill even in Queensbury. SUPERVISOR CHAMPAGNE-The property as it exists there now obviously is zoned for this type of development. That has nothing to do with this board certainly that happened many years ago. When that happened certainly Mr. Schermerhorn my understanding is that certainly he could qualify for the upper three here and then at the lower area if he were to put the system in with the existing grade and I understand he can do that too, to do that would create even more of a problem for the downhill. You are not absorbing as much as you would with the level area there with a leach field placed in that particular position. That's how I understand it now if I'm wrong someone needs to correct me. MR. WILLIAMS-I heard what he said actually too. I have a feeling that I understand it, but my point is it's hard for me to believe that some rules can be changed. The Board of Health it seems to me that ought to be pretty hard and solid and not changeable. COUNCILMAN TURNER-John before you go. MR. WILLIAMS-Yep. COUNCILMAN TURNER-Like Fred said there are circumstances where this does apply and that's why they are here for the variance. This improves the system better than putting it where he could put it without the fill. MR. WILLIAMS-If the whole would be improved why not change them all and do it all that way? COUNCILMAN TURNER-They don't have to do the upper ones the uppers ones they've got sufficient room. MR. WILLIAMS-It seems to me they'd want to do it the better or best way. COUNCILMAN TURNER-I guess my question would be to you would you want it done the better way? MR. WILLIAMS-If one way is the better way why not do them all the better way. COUNCILMAN TURNER-I think this fill system on the lower end is the better way to do it really. COUNCILMAN IRISH-I think the question is we need to take a look at the Town Code and maybe we need to update that code to the point where we're not coming in with a variance every week for a septic system. If they are building a septic system that's better than what the code calls for and they need a variance to do that then we need to change the code to reflect that and then that way we don't have this problem. MR. WILLIAMS-It seems generally speaking that something is better than the code would past the code. COUNCILMAN IRISH-The code limits what you can do that's the problem. If it says you can only build on a ten percent slope but doesn't give you reason as to why. MR. WILLIAMS-It doesn't say you can't build on a twelve percent slope. It says you can't build on a nine percent slope. COUNCILMAN IRISH-They are trying to build on a sixteen percent slope so that's the problem. SUPERVISOR CHAMPAGNE-Wait a minute. Tom help up with that answer will you. MR. WILLIAMS-Maybe I misunderstand too Tom. MR. NACE-The code says that anything over ten percent is not permitted. Any existing grade over ten percent cannot have a fill system on it. We're asking to have a fill system on slopes that are between ten and I believe eighteen or nineteen percent. I think the issue that has come up is the code applicability depends on the site. The codes are written to cover a whole multitude of sites and sites have different conditions. You can't write one code that explicitly covers each condition. The ten percent is written, probably a good ordinance if we had real tight clay soils there that were a sixty to a hundred and twenty minute perc. MR. WILLIAMS-I hear what you say, but I don't think I'm a hundred percent satisfied. But, anyway I do also know as an engineer you've got to figure out how to do it and that's what Tom has done. SUPERVISOR CHAMPAGNE-Thanks John. BOB VOLLARO-I guess, as you all know, I gave you a sheet on this. After listening to Tom's explanation of this tonight I'm not going to go over that, however, I would like to say this. Being that we've got about a ninety nine percent chance of granting this variance tonight to this design and coupling that to the fact that what we really have these are rented apartments that will be maintained and supervised by I assume Mr. Schermerhorn if I'm incorrect on that somebody can make a correction. I'd like to offer a suggestion that whoever retains custodial responsibility and this is in my sheet at the very very end over the rental apartments on Walker Lane should submit either an annual or semi-annual report to the Town Board of Health. The report shall contain information on the operation and condition of the community sewer system and that's what this really is. The report must be certified by a person or firm qualified by the New York State Department of Health let me take that one step further. We in Baybridge have a community system that I'm responsible to notify the Homeowners Association if we ever breakout or a failure. I also switch the systems once a year that goes with our Homeowners Association you've got to maintain that system or if you don't you've got to get somebody to do it. We're covered by a document that goes back to the Attorney General the State of New York. I like to see the same sort of preventative operation done at these buildings. I know Mr. Schermerhorn and I'm not questioning his integrity or his ability to do it. But, I think something ought to be stated that he has to give you at the Town Board of Health at least a yearly report on the operation of that system. That's based on the fact that it was designed to a variance and not to the town code. COUCNILMAN IRISH-I think that's fair. SUPERVISOR CHAMPAGNE-Is that a requirement that the Town Board has the option, Mark see any problem with that? COUNCILMAN TURNER-It's a condition of the variance. TOWN COUNSEL, MR. SCHACHNER-Are you referring specifically to the annual report by the qualified person issue. I think that's a condition you could put on the granting of the variance. COUNCILMAN IRISH-I don't have any problem with that. COUNCILMAN TURNER-I don't either. COUNCILMAN MERRILL-I think its reasonable. COUNCILMAN TUCKER-How does that fly with the applicant with Tom? MR. NACE-That would be fine. We have to submit a yearly report to DEC anyway we can just copy the Town with that. SUPERVISOR CHAMPAGNE-That would do it Bob. MR. V ALLARO- Thank you. SUPERVISOR CHAMPAGNE-Anyone else for or against? Bill I don't want to waste your evening is there anything more you want to add to what the Town has done thus far? BILL LEVANDOWSKI, RIST FROST ASSOCIATES. On behalf of the Town we reviewed the site plan applications for these projects. We originally pointed out the necessity for a variance that the system as designed did not comply with the letter of that one section. In reviewing the system I do concur with Tom Nace that the system as designed is preferable and should work substantially better than the alternative shallow system that they could install and comply with the regulations. The reason for that is that it is substantially higher than the seasonal water table and the added distance between the distribution pipes and the water table end up giving a much higher degree of treatment to the sewage before it enters the water table ultimately. COUNCILMAN IRISH-You don't have any concern over the eighteen point nine percent grade with a breakout you don't have any problem with that? MR. LEVANDOWSKI-Not with the nature of those materials they are fairly porous. SUPERVISOR CHAMPAGNE-Okay, anyone else? Board? PUBLIC HEARING CLOSED 7:46 P. M. DISCUSSION HELD COUNCILMAN IRISH-Are you going to add the variance Mark? TOWN COUNSEL, MR. SCHACHNER-I just jotted down a potential final paragraph that would state something to the affect of further resolved, that this variance is granted on the express condition that the applicant file an annual report prepared by a qualified licensed engineer with the Town describing the operation of the sewage system. COUNCILMAN TUCKER-What time of year do you have to file the report you have to file? MR. NACE-I don't know I'd have to read through the fine print back on the DEC permit I'm not sure when it is Pliney. COUNCILMAN TUCKER-It should correspond with that date shouldn't it Mark? SUPERVISOR CHAMPAGNE-With the DEC report. TOWN COUNSEL, MR. SCHACHNER-That's fine I don't know that it needs to as long as its an annual report, but that would be easiest for the applicant certainly. COUNCILMAN TUCKER-Then somebody downstairs could have an idea when this thing was going to arrIVe. COUNCILMAN TURNER-Tom can spell that out when he read the information and just pass it on. MR. NACE-Sure be glad too. COUNCILMAN TUCKER-That's going to be part of the resolution right? COUNCILMAN TURNER-Yes. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR RICHARD SCHERMERHORN RESOLUTION NO.: 9.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Richard Schermerhorn previously filed a request for a variance from a provision of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provision being more specifically that requiring that the natural ground surface slope for a fill system not exceed the maximum allowed slope of ten percent (10%), 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 April 6th, 1998, 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; and 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 granted is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to Richard Schermerhorn allowing the natural ground surface slope for his proposed fill system to exceed the maximum allowed slope of ten percent (10%) on property situated on the north side of Walker Lane in the Town of Queensbury, New York, and bearing Tax Map No.'s: 60-7-13.2, 13.3 and 13.4. BE IT FURTHER, RESOLVED, that this variance is granted on the express condition that the applicant file an annual report prepared by a qualified, licensed engineer with the Town describing operation of the sewage system. Duly adopted this 6th day of April, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES Mr. Irish ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR KENNETH SAWYER RESOLUTION NO.: 10.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and WHEREAS, Kenneth Sawyer has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that there be eighty five feet (85') distance between the absorption field and the well in lieu of the required one hundred feet (100') distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on April 20, 1998, at 7:00 p.rn., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Kenneth Sawyer to allow eighty five feet (85') distance between the absorption field and the well in lieu of the required one hundred feet (100') distance on property situated at 17 Yorkshire Drive, Sherwood Acres Subdivision, Town of Queensbury, New York, and bearing Tax Map No.: 48-3-50.232 and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within five-hundred feet (500') of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 6th day of April, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 11. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Queensbury Town Board. Duly adopted this 6th day of April, 1998, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne Noes: None Absent:None CORRESPONDENCE None TOWN COUNCILMAN'S COMMITTEE REPORTS COUNCILMAN TURNER-Noted the Highway Committee met April3rd, 1998. Discussed the following issues. Cleanup work on Sweet Road. Dunham's Bay Road the recommendation was to do the drainage first and then do blacktop later. Cleverdale Stormwater noted they were denied the grant a matching grant for $165,000 this is on hold. Sidewalks that are going to come as the result of the improvements on Route 9. The law now dictates that we as a Town are suppose to take care of those highways that abutt state roads. Hudson River Park discussed roadway to that a recommendation that they not do nothing with that as far as paving goes until the bridge is done on the Northway, contractors are utilizing the road now. COUNCILMAN TUCKER-Noted his daughter was told last week that this would be the final week of any large vehicles using Big Boom Road. COUNCILMAN TURNER-Noted they have another meeting on the thirteenth will discuss it then. COUNCILMAN TUCKER-Noted the Highway Superintendent car is marked with the "Q". COUNCILMAN MERRILL-Noted Councilman Irish and myself met with Glens Falls as part of the Queensbury/Glens Falls Liaison Committee. Councilman Irish brought up support for a joint Skateboard Facility. COUNCILMAN IRISH-Has spoke with Recreation Commissioners noting there is a lot of support for some type offacility for the kids not only from Glens Falls but Queensbury, Hudson Falls, and Lake George. Wanted to sit down with Glens Falls to see if there is something they could do to facilitatate this. JeffVarmette came before the Town Board regarding his program in Glens Falls. We would like to get together with either the Recreation Commissions or the Town Board and the City Council to see if we can spur this along and get something going where the kids can have a place to go. It would become a point of destination for the tourist industry here in Warren County. Bob Regan wanted to look at the possibility of putting up a portable facility in the Civic Center and utilizing the Civic Center, there are different things that they are going to try to do hopefully can get something done before too late in the summer. COUCNCILMAN MERRILL-Discussion of the Cole's Woods Annexation. Noted this is due in court in June. Both Glens Falls and Queensbury agree that the common objective here is to protect and preserve that land for recreation and for water treatment purposes. Glens Falls has a concern that Queensbury can exercise imminent domain for roads through there, if it were to become part of Glens Falls thinks Queensbury would have the same concern that Glens Falls could exercise imminent domain. Explored various ways they might resolve that issue through deed restrictions or ninety nine year easement. The Mayor even threw out maybe they could create a new joint inter-municipal entity of some sort. Asked if there was some way Queensbury and Glens Falls could consolidate on this one property? TOWN COUNSEL, MR. SCHACHNER-Questioned what he means by consolidate? COUNCILMAN MERRILL-Create some kind of joint inter-municipal entity. COUNCILMAN IRISH-To put it into some type of trust. COUNCILMAN TUCKER-Noted conservation easements would do it. COUNCILMAN MERRILL-Talk about exemption on the capital improvement for the forty year expected life of the capital improvement on the tower, need to clarify if this applies to the special districts, all district? TOWN COUNSEL, MR. SCHACHNER-That's what the research shows if not we don't have a workable solution because that's what their taxation is essentially. COUNCILMAN MERRILL-Questioned if this would include fire, library, water? TOWN COUNSEL, MR. SCHACHNER-Noted it is all the special districts. COUNCILMAN TUCKER-Noted he thought they spoke about going back to what the land was assessed for prior to the improvements. COUNCILMAN MERRILL-Noted that's what they are talking about. TOWN COUNSEL, MR. SCHACHNER-Not talking about full exemption talking about partial exemption based on the increase assessment relative to construction of the water tanks. COUNCILMAN IRISH-Questioned if they are not zeroing the special district tax? TOWN COUNSEL, MR. SCHACHNER-Correct, that is his understanding. COUNCILMAN MERRILL-Asked Town Counsel to prepare a draft proposal, to draft up something conditioned upon an easement, conservation easement and the exemption on the capital improvements so they can take and present it to them at the next meeting. Spoke to the board regarding the Glens Falls Transient Advisory Committee. Met on the twenty fourth to review the bus service changes for 1998, at that time it was announced that Scott Sopczyk would be leaving the position. Met on the third of this month to review resumes for the replacement will be interviewing later this month. COUNCILMAN IRISH-Questioned the status of the bus for Prospect School? COUNCILMAN MERRILL-Noted the request has been given to them. COUNCILMAN IRISH-Spoke to the board regarding the Recreation Commission. Noted some issues have developed within the Recreation Commission. Councilman Tucker and himself felt the board should be aware of what is going on, asked Doug Auer to come up and address the board regarding the issues. MR. DOUG AUER-Recreation Commission Member. Spoke to the board regarding a request that was received from Copeland Coatings the bonding company that provided the security bond for Nu Tech Construction for Hudson River Park Project. Spoke to the board concerning the performance of Nu Tech Construction regarding Hudson River Park. OPEN FORUM (RESOLUTIONS) DEBBIE COLLINS-16 Fox Farm Road. Sorry, I was late I thought the meeting started at seven. What did you decide about the Adult Entertainment Law so that I can ask proper questions has it been tabled? TOWN BOARD-Passed a moratorium on it until July 31st. MRS. COLLINS-Until July 31st a moratorium. Within that resolution how many feet did you decide? SUPERVISOR CHAMP AGNE-A thousand feet. COUNCILMAN IRISH-It really didn't change from the last time. MRS. COLLINS-Was the old law five hundred feet? COUNCILMAN TURNER-Thousand. SUPERVISOR CHAMPAGNE-It was a thousand feet. MRS. COLLINS-Okay then I like to enter, I only have this copy, but you can make a copy this is from 3/7/98 from the Post Star. Restrictions on X Rated Shops in New York Upheld. A Federal Judge on Friday upheld the City's plan to strip residential districts of X rated shops. However, Judge Marion Goldman Cedarbaum said she would stay her ruling until Wednesday to allow six shop owners to appeal to the second US. Circuit Court of Appeals to stop Mayor Rudolph Guilliani plan it is a great victory for the City. On Thursday morning the City expects to hit the ground running with our enforcement efforts. Guilliani said Cedarbaum's ruling came one week after she restrained the City from enforcing an Ordinance that would force as many as a hundred and fifty of the New York one hundred and seventy seven sex business to move because they are within five hundred feet of each other or near schools or house of worship. Right now Video Broker is less than five hundred feet from residential, church and our school zones. We can have a Drug Free Zone that's right up on Aviation Road why can't we have an Adult Entertainment Free Zone? A thousand feet really allows the Video Broker to continue to distribute his..... SUPERVISOR CHAMPAGNE-Hasn't there already been a decision made that he was in before the moratoriurn. MRS. COLLINS-Your old law was a thousand feet? TOWN COUNSEL, MR. SCHACHNER-I don't believe the distance has been changed. I think the difficulty with that particular establishment as the Supervisor is indicating was that it received both a building permit and a certificate of occupancy prior to enactment of the initial moratorium and it got those permits from the Town based on plans that expressly stated or showed on the plans an adult use section of the store that's my understanding. MRS. COLLINS-So the Town of Queensbury do you consider that's there is a State Zoning Enabling Law, Law 261 which states to prompt the morals and well being of the citizens do you abide by that zoning? SUPERVISOR CHAMPAGNE-I believe we do. MRS. COLLINS-Do you think an adult entertainment section within a thousand feet the plaza that I'm referring to has a great coffee shop, I know that junior high children are now going there, it has a pizza shop. Do you still feel that this is like an acceptable... ... COUNCILMAN MERRILL-It is preexisting that's the problem we have. MRS. COLLINS-I believe, I called on this the last time I was told it was five hundred feet that's why I'm questioning this over and over. I did talk to Fred Champagne, I talked to Connie who was on the board at the time and I believe it was five hundred feet. SUPERVISOR CHAMPAGNE-To be honest with you the law has never read anything other than a thousand feet it has been a thousand right from the beginning. MRS. COLLINS-My suggestion would be for you to consider if New York City can do this I would think the Town of Queensbury they are setting precedent let's be as good as they are. They are going to be five hundred feet from schools, churches, let's meet their standards. COUNCILMAN MERRILL-The thousand is tougher than the five hundred. COUNCILMAN IRISH-Right. COUNCILMAN MERRILL-They have to be at least a thousand. COUNCILMAN IRISH-Five hundred you would be going backwards. MRS. COLLINS-A thousand is bigger to me than five hundred. COUNCILMAN IRISH-A thousand feet means they can't be within a thousand feet of the school. If we go to the New York City standards they can be within five hundred feet of the school. MRS. COLLINS-They are within five hundred feet of the school right now. COUNCILMAN MERRILL-We're saying they cannot be within a thousand. MRS. COLLINS-I'm confused. Five hundred is smaller to me. COUNCILMAN IRISH-The problem is that they were there before the other board past the thing. MRS. COLLINS-There was a lot of protest about that that feel on deaf ears. COUNCILMAN MERRILL-We're doubling the distance that they can be. MRS. COLLINS-Okay. COUNCILMAN MERRILL-We're twice as stringent as New York City. COUNCILMAN TURNER-Were you here the night that Mr. White was here Debbie? MRS. COLLINS-No, his quote in the paper was enough to not make me want to be anywhere near the gentlemen. COUNCILMAN TURNER-He committed to the Town Board that he would not have that in there. MRS. COLLINS-Exactly. COUNCILMAN TURNER-Then he pulled the plug on it after he got in there. MRS. COLLINS-Kids have a lot offake ID's, I mean..... COUNCILMAN TURNER-We figured we had a deal going with that. MRS. COLLINS-Yeah, we thought we did. I guess we just have to continue with our silent protest of not going to his establishment. We've forbidden our children to not go there, I'm sorry that the town would not have any jurisdiction over him in any shape or form. SUPERVISOR CHAMPAGNE-Unfortunately by the time we got zoning in place and that particular ordinance in place he had setup shop and all the legal ramifications that went with it we found ourselves unable to proceed with any type of legal action against him to be very honest with you. That's how it all fell out Mark is that truly said? TOWN COUNSEL, MR. SCHACHNER-Basically. MRS. COLLINS-Okay. COUNCILMAN MERRILL-Now we're trying to prevent recurrence. MRS. COLLINS-I would hope so, I would hope so. Thank you. DISCUSSION - JOE SCIANCALEPORE QUEENSBURY FOREST MR. SCIANCALEPORE, 34 Ferris Drive. Spoke to the board noting his concerns regarding the continuing problem in Queensbury Forest and his property. Had asked the Town to let him tap into the catch basins noting it would be underground, gravity fed, no one would see it, it will go in and out, he was denied that request. Doesn't think it is fair in the way they have been treated. Hopes the board will look into their situation again. COUNCILMAN TUCKER-Noted at the present moment we have Van Dusen & Steves surveying between Sherman Avenue and Luzerne Road to put a drainage line for the entire Queensbury Forest area. Should have the information back before the end of the week from preliminary studies it looks like it will work. SUPERVISOR CHAMPAGNE-Have to determine a method and cost. COUNCILMAN TUCKER-Noted he will contact Mr. Sciancalepore when he receives information from the surveyors. SUPERVISOR CHAMPAGNE-Noted this was moving along good had to have the Town Engineer sign off. Took this to Mr. Levandowski on Friday hoping to get his signature on a drawing that Mr. Sciancalepore has given. Due to the conditions that exists there we have a non-functioning drainage system in place right now. Mr. Leandowski's concern was if we add more to the system pouring water back into the collection system what would this do to the collection system. RICHARD KOKE, 3 HAMPTON COURT -Noted he will be doing the same thing, but won't do anything until this is resolved. Spoke to the board noting his concern with the water problems in Queensbury Forest that it has been four years and they are still working on this. His concern is for the health of his family, contributes their sickness this past winter to the moisture in his house. COUNCILMAN TUCKER-Noted all the information that was on prints and drawings of this project was in 1977 and 1981. The board gave him authority to go to Van Dusen and Steves they have to do this survey to make sure what was on paper in 1977 and 1981 was accurate, should have an answer this week whether this would be feasible to do. The next step would be for the board to decide to go ahead with a cost analysis. MR. KOKE-Questioned the time frame on this. COUNCILMAN TUCKER-Can't give a time frame. OPEN FORUM - RESOLUTIONS BARBARA BENNETT-Asked for more details concerning resolution Authorizing Water Superintendent to Obtain Proposal from O'Brien and Gere Engineers, Inc. to Update Hydraulic Model of Water Distribution System. Asked for the cost of the proposal and what it involves. SUPERVISOR CHAMPAGNE-Asked Water Superintendent Mr. Van Dusen to explain this. JOHN SALVADOR-Asked if the board would go out for competitive bids concerning the resolution Authorizing Water Superintendent to Obtain Proposal from O'Brien and Gere Engineers, Inc. to Update Hydraulic Model of Water Distribution System. SUPERVISOR CHAMPAGNE-Noted it is up to the board. They have been using O'Brien and Gere, asked Water Superintendent Mr. Van Dusen to explain this. WATER SUPERINTENDENT, RALPH VAN DUSEN -The resolution is authorizing him to get a proposal from them, until he gets the proposal he will not know the cost. Hasn't written the scope of services yet because he hasn't been authorized by the board to go ahead and do that. Looking to create a hydraulic model of the system to take the information that O'Brien and Gere has and the knowledge they have of the system and apply that. If the board wishes he can obtain another proposal. Traditionally they have been staying with that firm because they had the background and the knowledge of what was happening within the system. MR. SALVADOR -Noted any knowledge they have of the system is our property we shouldn't have to pay for it a second time. MR. SALVADOR-Questioned what will the speed limit be reduced to on Fuller Road? COUNCILMAN IRISH-Noted it is unmarked right now it is 55 mph under State Law that is the maximum speed. SUPERVISOR CHAMPAGNE-They can't mark it without State authorization. When we put a speed limit on a road we go to the County, the County goes to the State, they do a study come back and tell us what the road speed should be. MR. SAL V ADOR- What do you want to reduce it too? BOARD-Whatever they tell us. MR. SALVADOR-Spoke to the board regarding resolution Authorizing Town Supervisor to Execute Agreement between the Town and County with regard to the Planning Board. Asked if they could pay particular attention to the fact that a State Highway includes the navigable waterways of Lake George noting this has been overlooked in the past. SUPERVISOR CHAMPAGNE-Noted he thinks when they are through with this new revised criteria that certainly most everything bordering water will be reviewed by the County Planning Board, asked if this was a fair statement? EXECUTIVE DIRECTOR, MR. ROUND- No. Noted this resolution exempts certain projects from going to the County Planning Board that would be referred on a normal basis. TOWN COUNSEL, MR. SCHACHNER-Read the following statement from the resolution. Any projects normally reviewable under Section 239 of General Municipal Law within five hundred feet of a shoreline shall be reviewed by the Warren County Planning Board. RESOLUTIONS RESOLUTION AUTHORIZING TOWN WATER SUPERINTENDENT TO OBTAIN PROPOSAL FROM O'BRIEN & GERE ENGINEERS, INC. TO UPDATE HYDRAULIC MODEL OF WATER DISTRIBUTION SYSTEM RESOLUTION NO.: 130.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Ralph VanDusen, Town Water Superintendent, has advised the Queensbury Town Board that the Town should update its hydraulic model of the water distribution system to ensure proper planning of the future growth of the Town's water system, and WHEREAS, Mr. VanDusen wishes to secure Town Board authorization to obtain an engineering proposal to create a model of the Town's transmission mains, perform necessary calibrations, and verify available flow patterns, and WHEREAS, O'Brien & Gere Engineers, Inc. has offered to render these services for the approximate amount of $18,000 - $25,000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Ralph VanDusen, Town Water Superintendent, to obtain a formal proposal from O'Brien & Gere Engineers, Inc. for the desired engineering services described above, and BE IT FURTHER, RESOLVED, that it is the understanding of Mr. VanDusen and O'Brien & Gere Engineers, Inc., that a further Town Board Resolution authorizing the desired engineering services must be adopted before the engineering services are rendered. Duly adopted this 6th day of April, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION RETAINING THE SERVICES OF ALVEY & COTE, LTD. TO APPRAISE VACANT PARCEL NORTH OF GLEN LAKE ROAD RESOLUTION NO. : 131. 98 INTRODUCED BY : Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY :Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to have a vacant parcel ofland located north of Glen Lake Road appraised, and WHEREAS, Alvey & Cote, Ltd. Has offered to render the desired appraisal services for an amount not to exceed $900, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the employment of Alvey & Cote, Ltd., for the purposes of generating a formal appraisal report at a total cost not to exceed $ 900, and BE IT FURTHER, RESOLVED, that the costs of the services provided for in this Resolution shall be paid for from the appropriate account. Duly adopted this 6th day of April, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION REQUESTING SPEED LIMIT REDUCTION ON FULLER ROAD RESOLUTION NO.: 132.98 INTRODUCED BY: Mr. Pliney Tucker SECONDED BY : Mr. Richard Merrill WHEREAS, the Town of Queensbury has received a request from a citizen in Queensbury that the Town Board of the Town of Queensbury adopt a Resolution to lower the speed limit on Fuller Road in Queensbury from 55 miles per hour, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Supervisor and the Town Clerk to work together to complete any forms that may be necessary to be submitted to the Warren County Department of Public Works, and then accordingly to the New York State Department of Transportation, pursuant to ~ 1622 of the Vehicle and Traffic Law, for purposes of studying and establishing a lower maximum speed on Fuller Road, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further requests that the said speed limit be lowered for safety reasons. Duly adopted this 6th day of April, 1998 by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING CARRY OVER OF VACATION TIME RESOLUTION NO.: 133.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Carol Finamore, Deputy Town Court Clerk, has requested that she be allowed to carry over three (3) vacation days past her hiring anniversary date of January 1, 1998, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Carol Finamore to carry over three (3) vacation days past her hiring anniversary date of January 1, 1998, such vacation days to be utilized prior to December 31, 1998. Duly adopted this 6th day of April, 1998 by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ENGINEERING REPORT/STUDY CONCERNING DRAINAGE AND RUN-OFF PROBLEMS IN THE VICINITY OF CRONIN ROAD DISCUSSION HELD SUPERVISOR CHAMPAGNE-Noted he didn't know the dollar amount to put in the resolution. TOM NACE, ENGINEER-Looked at the project noting there is going to have to be boorings done to find out where the rock is. There will need to be a detailed survey done to tell where they can outlet it. There will probably be negotiations with neighbors to see if it is possible to get drainage easements. Threw out just a budget to go all the way surveying, boorings, engineering up to the start of construction of somewhere between fifteen and twenty thousand dollars. Obviously there would be a break point along the way where they would look at the alternatives come back with the alternatives and cost. Hasn't gone far enough yet to tell you what the dollar amount would be. COUNCILMAN IRISH-Questioned if they could get a couple different bids from firms on this? SUPERVISOR CHAMPAGNE-Sure. COUNCILMAN TURNER-Questioned when Mr. Nace looked at this where did he go from? MR. NACE-Ridge Road down to the brook noting these are alternatives that would have to be looked at. COUNCILMAN IRISH-Noted he would like to get RFP's. SUPERVISOR CHAMPAGNE-Is that what I hear from the rest of the board? TOWN BOARD-Yes. SUPERVISOR CHAMPAGNE-Resolution pulled. RESOLUTION STANDARDIZING DEVELOPERS' BUY-IN FEE FOR EXTENSIONS TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 134.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Water Superintendent and the Town Board of the Town of Queensbury wish to standardize a developers' buy-in fee for any developer wishing to apply for an extension to the Queensbury Consolidated Water District, and WHEREAS, the Water Superintendent and Town Board wish to set the buy-in fee at $100 per lot, said fee to be payable at the time of the final approval of the water district extension, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the standardization of a developers' buy-in fee of $100 per lot for any developer wishing to apply for an extension to the Queensbury Consolidated Water District, said fee(s) to be payable to the Town at the time of final approval of the water district extension, and BE IT FURTHER, RESOLVED, that this buy-in fee shall apply to all future extensions to the Queensbury Consolidated Water District with the exception of the Surrey Fields Drive Extension and Thunderbird Drive Extension, as the application(s) for these extension(s) are already in process, and BE IT FURTHER, RESOLVED, that the Town Water Superintendent and/or Town Controller are hereby authorized to execute any forms or paperwork necessary to effectuate the standardized buy-in fee. Duly adopted this 6th day of April, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN TUCKER-Questioned if they were going to put in the twelve inch main at no cost to the Town? WATER SUPERINTENDENT, RALPH VANDUSEN-Yes. COUNCILMAN TUCKER-Questioned if that's why they are exempt from this? WATER SUPERINTENDENT, MR. VANDUSEN-Yes. RESOLUTION AUTHORIZING TOWN SUPERVISOR TO EXECUTE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY, THE TOWN OF QUEENSBURY PLANNING BOARD, THE TOWN OF QUEENSBURY ZONING BOARD OF APPEALS AND THE WARREN COUNTY PLANNING BOARD REGARDING REFERRALS TO THE COUNTY PLANNING BOARD RESOLUTION NO.: 135.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, General Municipal Law ("GML") ~239-m requires that the Town Board, Town Planning Board and Town Zoning Board of Appeals refer certain proposed actions to the County Planning Board for its advisory recommendation before taking final action on these proposed actions, and WHEREAS, GML ~239-m(3)(c) states that the County Planning Board may enter into an agreement with the referring body or duly authorized body of the Town to provide that certain proposed actions are of local, rather than inter-community or County-wide concern, and are not subject to referral under GML ~239-m, and WHEREAS, many of the proposed actions currently referred to the County Planning Board are deemed by the County Planning Board to have no County impacts, and WHEREAS, the municipal Boards, applicants and the public would be better served by eliminating unnecessary steps in the regulatory process, and WHEREAS, the Town and County previously entered into an agreement as authorized by GML ~239-m(3)(c) in order to avoid needless referral of very minor actions and wish to enter into a similar agreement for a term commencing March 1st, 1998 and continuing until terminated upon thirty (30) days written notice by either party, and WHEREAS, an agreement between the parties has been presented at this meeting, which agreement sets forth the proposed actions that will no longer be referred by the Town Board, Town Planning Board and/or Town Zoning Board to the County Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the agreement presented at this meeting and identified in the preambles hereof and hereby further authorizes and directs the Town Supervisor to execute the aforesaid agreement on behalf of the Town of Queensbury and to take such other and further steps as may be necessary to implement the aforesaid agreement. Duly adopted this 6th day of April, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING HIGHWAY SUPERINTENDENT TO CORRECT UNSAFE INTERSECTION AND DRAINAGE PROBLEM IN THE AREA 0 THE 4TH STREET, 5TH STREET AND RICHARDSON STREET DISCUSSION HELD SUPERVISOR CHAMPAGNE-Spoke to the Highway Superintendent, Mr. Naylor agreed to pull this. COUNCILMAN TUCKER-Questioned if they requested an appraisal on the property and an accurate price on the drainage, noted they need more details? SUPERVISOR CHAMPAGNE-Noted they need more information on this. (Resolution pulled) RESOLUTION AUTHORIZING ADIRONDACK NAUTILUS, LTD. TO HOST TWO (2) 5K RACES RESOLUTION NO. 136. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Adirondack Nautilus, Ltd., has requested permission to conduct two (2) 5K races (runs/walks) as follows: SPONSOR Adirondack Nautilus, Ltd. EVENT 5K RACE (RUN/WALK) DATE: Saturday, May 16, 1998,9:00 a.m. and Saturday, August 8, 1998,9:00 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); and WHEREAS, the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the Adirondack Nautilus, Ltd., naming the Town as an additional insured party, to hold their two (2) 5K races (runs/walks) in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Adirondack Nautilus, Ltd., to conduct these races as described above, and BE IT FURTHER, RESOLVED, that conducting these races shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 6th day of April, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING CANOPY ON TOWN COURTHOUSE LAWN FOR ADIRONDACK NAUTILUS RACES RESOLUTION NO.: 137.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Adirondack Nautilus, Ltd., has requested permission to place a canopy on the grounds of the Town of Queensbury Courthouse Lawn on Glenwood Avenue for their Annual5K Races scheduled for Saturday, May 16, 1998 and Saturday, August 8, 1998, and 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 Town Board of the Town of Queensbury hereby authorizes the Adirondack Nautilus, Ltd., to place a canopy on the Town of Queensbury Courthouse Lawn on Glenwood Avenue on May 16, 1998 and August 8, 1998, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further directs that Adirondack Nautilus, Ltd. shall have the responsibility to clean and/or repair the site after each race. Duly adopted this 6th day of April, 1998 by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT :None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSIONS TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT FOR THE SURREY FIELDS SUBDIVISION EXTENSION AND THE THUNDERBIRD DRIVE EXTENSION RESOLUTION NO.: 138.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing two (2) extensions to the Queensbury Consolidated Water District, to be known as the Surrey Fields Subdivision Extension and Thunderbird Drive Extension, and WHEREAS, a map, plan, and report has been prepared regarding the extensions of the existing Queensbury Consolidated Water District, the Surrey Fields Subdivision Extension to serve an area in the westerly area of the Town of Queensbury in the vicinity of the Surrey Fields Subdivision located on the west side of Bay Road, north of Cedar Court and south of Tee Hill Road in the Town of Queensbury and the Thunderbird Drive Extension to serve an area in the western portion of the Town of Queensbury, west of West Mountain Road and south of Butler Pond Road, as more specifically set forth in the said map, plan, and report, and described therein, and WHEREAS, the map, plan, and report has been filed in the Town Clerk's Office in the Town of Queensbury, and is available for public inspection, and WHEREAS, the map, plan, and report was prepared by Nace Engineering, P.C., Thomas W. Nace, P.E., Consulting Engineer, 37 Chester Street, Glens Falls, New York 12801, an Engineer licensed by the State of New York, and WHEREAS, said map, plan, and report shows the boundaries of the proposed extensions of the Queensbury Consolidated Water District, a general plan of the water system, a report of the proposed water system and method of operation and the source of water supply, and WHEREAS, the map shows the water distribution mains, gate valves, and hydrants, together with the location and a general description of all related or appropriate public works existing or required, and WHEREAS, Part I of a Long Environmental Assessment Form has been prepared and presented at this meeting, and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED, 1. The Town Board of the Town of Queensbury shall hold a public hearing and consider establishing the proposed extensions to the Queensbury Consolidated Water District previously described in this Resolution and to be known as the Surrey Fields Subdivision Extension and the Thunderbird Drive Extension; 2. The boundaries of the proposed extensions and benefited areas of the Queensbury Consolidated Water District are to be as follows: The Surrey Field Water District Extension shall include all of the following tax map parcels of the Town of Queensbury: Section 48 Block 3 Parcels 31, 33, 39, 39.1, 39.2, 43 and 44 as shown on the tax maps as of December 1, 1998; said parcels being the lands of the proposed Surrey Field Subdivision which is to be filed subsequent to December 1, 1997 and when filed will have the following tax map parcels: Section 48 Block 8 Parcels 1 through 41 inclusive; Section 48 Block 8 Parcel 999 inclusive of all of the road right -of- ways as shown on the filed subdivision map titled, "Surrey Field Subdivision" by VanDusen & Steves Surveyors dated April 27, 1997. Additionally, the Surrey Field Water District Extension shall include tax map parcels Section 48 Block 3 Parcels 37 and 38 which are not included in the aforementioned subdivision. The Thunderbird Drive Extension shall include all of tax map parcel Section 84 Block 1 Parcel 2 as shown on the tax maps of the Town of Queensbury as of December 1, 1997. 3. The improvements proposed shall consist of the purchase and installation of a water distribution main, hydrants, and gate valves with box and such other facilities as more specifically set forth in the aforesaid map, plan, and report prepared by Thomas W. Nace, a Licensed Professional Engineer with Nace Engineering, including pavement and driveway restoration and lawn restoration, and the costs shall also include a proportionate share of the cost of the Water Treatment Plant, mains, and other facilities of the existing Queensbury Consolidated Water District, which will supply water to the extensions, and engineering, legal, and administrative fees; 4. All proposed water mains and appurtenances shall be installed in full accordance with the Town of Queensbury specifications and ordinances and in accordance with approved plans and specifications and under competent engineering supervision; 5. $110,000.00; The maximum amount proposed to be expended for said improvements is estimated to be 6. The proposed method of financing will be for the Developer to pay the entire cost of the improvements. The Town shall pay no part of the cost of the extensions. 7. The estimated cost of hook-up fees to the typical property, which is a one or two family home, will be $300 for a house on the same side of the street and $450 for a house on the opposite side. The estimated annual cost of the extension to the typical property will be $1.72 per $1,000 assessed value for debt service and approximately $113 for metered water usage; the total estimated annual cost range from $285 to $457. 8. The map, plan, and report describing the improvements is on file with the Town Clerk of the Town of Queensbury and available for public inspection; 9. The Town Board will proceed with considering the extensions only if the Developer executes an agreement concerning the extension in a form acceptable to Town Counsel prior to the public hearing. 10. Except for the initial cost of the proposed extension to the Water District which shall be paid by the Developer, all the expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended and the costs of operation, maintenance and improvements shall continue to be financed on a benefit basis. 11. The Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.rn., on the 20th day of April, 1998, to consider the map, plan, and report, and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law; 12. The Town Clerk is directed to cause a copy of this Order to be duly published and posted not less than 10 days nor more than 20 days before the hearing date set forth herein and as required by Town Law ~209-d and complete or arrange for the securing of two Affidavits of Publication of Notice and two Affidavits of Posting of Notice of the Public Hearing required hereby, and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 13. The Community Development Department of the Town of Queensbury is hereby requested to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted; 14. The Community Development Department is hereby authorized to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting, and a copy of the map, plan, and report to all potentially involved agencies and to DEC and DOH together with an application for a water supply permit, all documents to be sent out with a letter generally indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Town Board of the Town of Queensbury as lead agent is desired and that a lead agency must be agreed upon within 30 days. Duly adopted this 6th day of April, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT:None PLANNED DISCUSSION OLD BUSINESS COUNCILMAN TUCKER-Questioned where the determination was made that they were going to declare Birdsall Road a public road? COUNCILMAN IRISH-Noted the Highway Committee recommended it.... SUPERVISOR CHAMPAGNE-Noted it seems like it is a feeling among some of the board members. COUNCILMAN TURNER-Noted it was a recommendation of the Highway Committee that they do Birdsall Road. COUNCILMAN TUCKER-Noted he has a half sister who owns property up there noting there are two groups of people. One group is a group that has been there a long time and the other group just basically moved in. Noted he thinks for the present moment the Town Board should stay neutral to see what develops here. SUPERVISOR CHAMPAGNE-Noted on April 20th, w were served with papers asking for a response back by April 20th. COUNCILMAN TUCKER-Questioned if this would come to a vote? COUNCILMAN TURNER -Yes, it is just a recommendation. NEW BUSINESS COUNCILMAN TURNER-Spoke to board regarding a phone call received from Frank Walter, Engineer for the Girl Scout Council on Meadowbrook Road. Noted they are requesting to tie into the water district and sewer district noting they are outside of the sewer district. SUPERVISOR CHAMPAGNE-Noted when they put in the district they just brought in the building that sits right on Meadowbrook. COUNCILMAN TURNER-Questioned if they would have to extend the district.... TOWN COUNSEL, MR. SCHACHNER-Or look at an out of district users situation. WATER SUPERINTENDENT, MR. VAN DUSEN-Noted the sewer line goes past the property. COUNCILMAN TURNER-Questioned what has to be done to extend the district? TOWN COUNSEL, MR. SCHACHNER-Would be a Map, Plan and Report, public hearing. COUNCILMAN TURNER-To contact Mr. Walter. Spoke to the board regarding Sweet Road to Route 149 with the State's proposal to put sidewalks in on both sides of the road. On the east side of the road they are going to take the right-a-way plus seven and a halffeet more for the sidewalks. Spoke with Betty Little she noted the State is adamant about putting them in. Recommended going to the Glens Falls Transportation Council to see if they can input to the State to eliminate them or at least to Round Pond road Councilman Turner to contact Glens Falls Transportation Council. SUPERVISOR CHAMPAGNE-Spoke to the board regarding a phone call received from Lorraine Metivier asking if the Catholic Daughters of America who are having an annual conference in Saratoga if they could borrow one of the voting machine. Noted he has spoken to Darleen Dougher, Town Clerk noting the cost and liability would be to high. After further discussion it was the decision of the Town Board not to loan out the machine. COUNCILMAN IRISH-Spoke to the board regarding a phone call received from Mary Scott, Kiley Lane, Queensbury. Noted she is concerned with the speed limit, requested that some kind of sign up be put up. Asked that this be brought to the Highway Committee. EXECUTIVE DIRECTOR, MR. ROUND-Spoke to the board regarding hiring a summer intern for use either on the GElS System to assist us with the Generic Environmental Impact Statement and the Comprehensive Plan. SUPERVISOR CHAMPAGNE-Noted he is concern that they are not meeting deadlines that the public is entitled too. EXECUTIVE DIRECTOR, MR. ROUND-Noted this is a way to accomplish portions of that, in May will be presenting to the board with a report of the GElS. Thinks this person could help in development of maps that are going to be part of the Comprehensive Plan. This person will help do analysis of light industrial lands, what do we have, what's out there. Thinks this is a good way to provide some additional in-house assistance. Recommended looking at what kind of person he can get noting the tasks would be identified before the person came on staff. SUPERVISOR CHAMPAGNE-Would be interested in looking at what scope of activity this person would be assigned, what your expectation are, and go from there. EXECUTIVE DIRECTOR, MR. ROUND-Recommended letting him pursue an individual and at the same time identify the tasks and bring it back to the board looking for authorization to hire a person. TOWN BOARD-In agreement. TOWN BOARD WORKSHOP SUPERVISOR CHAMPAGNE-Noted he put holding tanks on the agenda only because they want to keep it at the surface. We've identified some situations maybe to pass on to the Attorney. Asked if they are at a point where they need to ask to have a request to DEC for waivers for some parts of the lake that we feel strongly are in the best interest to put holding tanks in. COUNCILMAN IRISH-That is a request that we would have to make from Department of Health that we could issue that waiver. COUNCILMAN TURNER-Noted he is in favor of this. TOWN COUNSEL, MR. SCHACHNER-Noted it is a reasonable approach, it is a reasonable request. WATER SUPERINTENDENT, RALPH VAN DUSEN-Made presentation to the Town Board regarding the Organizational Flow Chart regarding the Water Department and Wastewater Department. Recommended combining both charts together with one person heading both, recommended doing this as soon as possible. SUUPERVISOR CHAMPAGNE-Noted at the next Regular Meeting could make the appointment for the two positions. Needs ajob description for Bruce Ostrander who would be ChiefOperator/Deputy Water Superintendent. ATTORNEY MATTERS NONE SUPERVISOR CHAMPAGNE-Noted they will be going into Executive Session to discuss CSEA vote, personnel matter, Hudson River Park and Recreation Commission. OPEN FORUM JOHN SALVADOR-Spoke to the board regarding the convention being held in Saratoga noting the host community should be the ones to come up with a voting machine for the convention. Spoke to the board regarding holding tanks questioned if this would be for the whole Town not just the near shore areas of Lake George? COUNCILMAN IRISH-Anything covered by the Code. MR. SALVADOR-Spoke to the board regarding Birdsall Road. Questioned what particularly do those who think it is a Town road based their claim on? COUNCILMAN TURNER-Birdsall Road in 1963 by the Town, it is on the list it has a length. MR.SAL V ADOR-Spoke to the board regarding the Recreation Commission noted the board should conduct their own audit. Spoke to the board regarding the Cleverdale Stormwater Project Grant application. COUNCILMAN MERRILL-Noted it is not in this years funding. MR. SALVADOR-Questioned what the board will be doing with the $165,000? SUPERVISOR CHAMPAGNE-Leave it in the bank. MR. SALVADOR-Questioned if they have money for Dunham's Bay Road? SUPERVISOR CHAMPAGNE-Drainage. MR. SALVADOR-Noted Dunham's Bay Road is number one on the list. COUNCILMAN MERRILL-The Stormwater Committee. MR. SALVADOR-Noted he is running six sump pumps in various cellars. They pump into an on site pumping system into an open ditch through a highway culvert onto Mr. Naylor's Dunham's Bay Road. Before the State, County, Town put their road system in there the drainage the whole mountain side came right down there to that area and drained into the lake. Hopes that they will not build a dam. Presented to the board material concerning wetland and waterfront development permits for their review. GILBERT BOEHM-Spoke to the board regarding their review of septic tanks. Questioned when there is planning for a new development who reviews the stormwater drainage system and looks at it from a point of view of potential health effects to the flooding of basements etc.? Noted the board should consider this as part of the health considerations. SUPERVISOR CHAMPAGNE-Noted the developer hires their engineer to put the design together. Once that is completed in order to get through site plan review part of the review process is a Town Engineer who looks it over. Obviously that Town Engineer gives it a glance as specific as necessary, but he does not go out and do the whole design allover so that the developers pays twice once for the guy to go out and do testing and then come back and have the Town Engineer do the same thing we don't do that. It is not a complete thorough analysis the Town says very clearly that we are not held liable or responsible for any errors or omissions that occurred during the planning process. Our Town Engineer has no real responsible for that purpose. COUNCILMAN IRISH-Noted he would like to know if the engineer has done it correctly and that it works would like to see this in the Town Engineer. MR. BOEHM-Someone should be going around checking on the performance of the work for which you've contracted. SUPERVISOR CHAMPAGNE-Since that time the board has put a position in the Town known as Code Compliance Officer who will be doing this. MR. BOEHM-Spoke to the board regarding Hudson River Park noting his concern with the problems in the park. SUPERVISOR CHAMPAGNE-Stated the Town Board hired an engineer to engineer the project. They have taken the recommendations of the engineer and they have done what had to be done. COUNCILMAN IRISH-Agreed that the Town Board has the ultimate responsibility in the end.. MR. BOEHM-If there is a conflict among some of the members on the Commission then somebody from the board has to adjudicate between the two. MR. COATS-Spoke to the board regarding a meter that was put in his yard asked to have it removed. Asked the board to review the report that was done for Queensbury Forest regarding the retention ponds and closing off of the basin. COUNCILMAN TUCKER-Noted the board was told by the Town Engineer, Rist Frost, Morse Engineering who designed the project that we could eliminate the retention ponds and they could put in a system that would take care of the water. The reason they eliminated the retention ponds it was a brand new development with a lot of little kids asked the question why there wasn't a fence put around it. Between the time that question was asked and phase three came along Tom Farrone agreed to put a fence around the retention pond. Phase III was zoned for multi duplexes and he wanted it rezoned single family residences. This is when the redesigned of all the water systems was done. Noted he was on the board at the time and everybody that they paid to tell that it would work said it would work and it didn't. MR. COATS-Questioned who they are in a lawsuit with? COUNCILMAN TUCKER-They have a lawsuit against Morse Engineering. MR. COATS-Asked if they will be able to do something while they are in the lawsuit? COUNCILMAN IRISH-Part of the reason they are doing it now is because the litigation has been put on hold and they didn't know how much it was going to cost. The position is if this will work lets get it fixed and then proceed with the lawsuit. MR. COATS-Questioned if they will proceed to fix it instead of waiting for the lawsuit to come through. COUNCILMAN MERRILL-Noted the feeling of this board is they want to fix the problem just trying to find a solution. COUNCILMAN TUCKER-Noted they need to find a solution to this. Noted he will contact Niagara Mohawk regarding the meter box on Mr. Coats property. To contact Mr. Coats regarding meter. OPEN FORUM CLOSED RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 139.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss personnel matter, CSEA vote, contract negotiations, Hudson River Park. Duly adopted this 6th day of April, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR TOWN BOARD MEETING RESOLUTION NO. 140. 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 6th day of April, 1998, by the following vote: Ayes: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None Absent:None On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury