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1995-05-01 REGULAR TOWN BOARD MEETING MAY 1,1995 MTG.#28 RES.265-276 7:00 p.m. TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Theodore Turner Councilman Nick Caimano Councilman Carol Pulver Town Attorney Paul Dusek TOWN OFFICIALS Mr. Jim Martin, Ms. Catherine Goeffroy, Mr. Paul Naylor PLEDGE OF ALLEGIANCE LED BY COUNCILMAN PULVER Supervisor Champagne-Noted that the hearing scheduled for the unsafe structure Usher property has been canceled. RESOLUTIONS RESOLUTION HIRING MICHAEL PLUNKETT, OF COOL INSURING AGENCY, INC. CONCERNING RISK MANAGEMENT SURVEY RESOLUTION NO.: 265.95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury desires to hire Michael Plunkett, of Cool Risk Management Services to provide a risk management survey, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of Cool Risk Management Services to perform a risk management survey, at a sum not to exceed $8,000.00, and to be paid for from Account #01-1910-4400-1910, provided that the person assigned to provide the services or supervise the project will be Michael C. Plunkett, Assistant Vice President, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute an agreement in a form to be approved by the Town Attorney, for the retention of the services of Cool Risk Management Services, consistent with the terms and provisions of this resolution. Duly adopted this 1st day of May, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Supervisor Champagne-noted will not duplicate efforts of Amtek... Plunkett will do those areas, which includes confined space, personal protected equipment, lock out, tag out, bloodborne pathogens, pre-OSHA visits, hazardous communications, hazardous, identification survey, accident prevention and on and on... RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING WEEKS RD REALIGNMENT PROJECT RESOLUTION NO. 266.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano Discussion held-Councilman Turner-We still have a neighbor at the foot of the hill, Mr. Partridge who spoke before, against it who sent a letter to everyone and you know obviously if we even, even if we re- align Sweet Road, that is not going to do anything about the traffic because there is going to be a light there and if there isn't a light the people are going to use that short cut to get to Walmart no matter what. You know, I understand his feelings, but, I would like to have the opportunity to talk to him which I have not had yet. If we are not going to do this until Fall I would like put it off until I get a chance to talk to him and Mr. Bishop in reference to their concerns. Highway Supt. Paul Naylor-It looks like Fall because all the legal work, paper work is not going to be done until then and we have got one of the people who does not want us working there during the summer because of his motel, I have a little problem with that. Attorney Dusek-One of the situations you have is the road configuration just changed again to be further away from the apartments that means we have to re-negotiate the deal with primarily Erminger. We are in the process of doing that now they asked to see a map, and we got that out to their Attorney, I do not think you are going to make it in May. Supervisor Champagne-Ok, this looks like a Fall project is that what we are agreeing to tonight? Councilman Turner-Yes, I would say so. Attorney Dusek-I would like to make one recommendation, we should try to get all the contracts though signed up and done in May if it is the Town's intent to really want to proceed with it so that we do not get to the last, the end of August and find out we do not have it so I am going to proceed unless the Board does not want me too. Board agreed to proceed. MOTION 266.96 WITHDRAWN BY COUNCILMAN PULVER AND COUNCILMAN CAIMANO Resolutions as presented on agenda 1.3 and 1.4 have been pulled RESOLUTION REGARDING LAKE GEORGE CERTIFIED SCHOOL DISTRICT RESOLUTION NO. 266. 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury has considered the issue of whether the Town should petition or become a party with relation to an application concerning the establishment of a Lake George Certified Tax District, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that, after giving due consideration to the current status of assessed valuations and re-evaluations of the effected Towns, and after giving due considerations to the interest of the residents of the Town of Queensbury, hereby determines that it would be inappropriate to, at this time, seek or participate in any application to cause the establishment of a Lake George Certified School District, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to take such steps to communicate the Town's position with regard to the Lake George Certified Tax District proposal as he may deem appropriate. Duly adopted this 1st day of May, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Supervisor Champagne-The Lake George School District which is composed of pieces of Queensbury Bolton Landing, Fort Ann, and of course the Town of Lake George had indicated that it would be interested in putting together what they called the Lake George certified School District. This means that all properties in all of those four towns, would have to be addressed during that same time period. We have completed ours in the last couple of years did not feel that we needed to proceed to do another re-val, that was one rational we used the second rational was the fact that some of the properties in Lake George being somewhat different than ours made up of heavily of motels we felt that might be a driving force that would cause some of the other properties in Queensbury to be assessed at possibly a different level. So, we are asking them to postpone this not that we look forward not to enter into it sometime down the road but at least at this point we are going to ask them to, that we will reject it. Councilman Caimano- The biggest single factor being that if everybody does not do their re-val at the same time you might as well not do it. RESOLUTION FORWARDING APPLICATION FOR TRANSIENT MERCHANT/SOLICITORS MARKET FOR KEVIN QUINN TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO.: 267.95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Mr. Kevin Quinn has made application to the Town Board of the Town of Queensbury for a Transient Merchant/Transient Merchant Market License, and WHEREAS, the Town Board of the Town of Queensbury is desirous offorwarding said application to the Town of Queensbury Planning Board for recommendation and site plan review, as is required by Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, following such recommendation, the Town Board of the Town of Queensbury will then review the application and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application for a Transient Merchant/Transient Merchant Market be submitted to the Planning Board for the Town of Queensbury for report and recommendation, subject to the conditions that 1. a scale drawing be submitted for Planning Board review 2. determination regarding the parking and porta-johns in the Town of Lake George from the Zoning Administrator from the Town of Lake George 3. the Planning Board address the issue of tents or other temporary structures being too close to Route 9 or the Right of Way KEVIN QUINN - Location of Market: Box 3342, Route 9, Queensbury, New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agent for the SEQRA review of this project and directs that the Zoning Administrator's Office notify any other involved agencies of this. Duly adopted this 1st day of May, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Executive Director Martin-discussed with the Town Board information that he would request be submitted... 1. scale drawing be submitted for Planning Board review and 2. a determination regarding the parking in Town of Lake George from the Zoning Administrator for the Town of Lake George ... Supervisor Champagne-requested that ...3. that the Planning Board address the issue of tents or other temporary structures being too close to Route 9 or Right ofWay...Board requested that those issued be added to the resolution... DISCUSSION P ARlLLO-MOBILE HOME OVERLAY ZONE- Mr. John Richards-Attorney for Mr. Parillo-We were handed a list of recommendations that the Planning Dept. or Mr. Martin had made with respect to this application. Let me say that we certainly have no problem with doing whatever reasonable beautification measurers the Planning Board recommends we do, I do not know if they are really appropriate in the first place in a rezone. But, none the less we do not have any problem with them in concept. We do have a problem with the factual basis for them which assumes we are going to take down the house there and that is not the case. Councilman Monahan-If the house is not coming down why are we doing the extension of the mobile park zone overlay? Attorney Richards-Because the house is only part of that lot there is about eleven lots that would have mobile homes on them when we met, originally we did not have the house area numbered as a lot. It was really at the Planning Departments request that we even number it. Councilman Monahan-It changed since I looked at it so I assumed that then you wanted to take the house down and we have that become a mobile home lot. Attorney Richards-No. Councilman Monahan-I do not know where I stand with that because it is a different plan than what I looked at the last time it is more back to what I looked at when I talked with you. Attorney Richards-It is the same plan, the only thing we did was number the areas where the house is really at the towns direction. Executive Director Martin-You are not going to have a mobile home on that lot then obviously. Attorney Richards-Again, I am not sure that the rezoning application is the appropriate place to get into buffers and lot configurations doesn't that come up in the site plan review aspect. Councilman Monahan-No, not when you are doing a mobile home overly, the Town does that. Attorney Richards-But we have to come back before this Board again when we do our formal application for the permit. Attorney Dusek -... sometimes it is appropriate to put conditions as part of a rezoning and sometimes the conditions will be taken care of at a later review process, I would have to take a look at the conditions as well as the further review process to give the Board any assurances in that regard, I have not seen the conditions. Councilman Monahan-When the Town Board has charge of a mobile home overlay zone extension I certainly feel it is our duty to be aware of the neighbors before we allow that mobile home extension, overlay extension to be permitted that we take into consideration the needs of the neighborhood up there and it is a prerogative and the duty of the Town Board to put in these conditions. Supervisor Champagne-Noted it was his understanding that the house would stay. Councilman Monahan-...it was our understanding that there would be no mobile home go on that, but then when I saw the last drawing it was marked for a mobile home lot, so... Attorney Richards-It was numbered at your direction but it was never indicated as being a mobile home lot. Executive Director Martin-When the plans came in with lots numbered and nothing left on them it was assumed that the house would be removed, it was not indicated on the plan either. Attorney Richards-Lets make it absolutely clear the house is staying. Councilman Monahan-Than you want lot seven and eight that I have you do not want as part of the mobile home overlay because you are going to leave the house. Then we have to make sure that enough land is left around the house to comply with zoning. Attorney Richards-We had asked that the entire parcel be rezoned mobile home overlay. We did not want to indicate to you that the house had any plans to be removed. Councilman Monahan-I think the condition has to be that left on it that as long as the house is there it has to be treated as a single family lot for right now with an acre of land left around it. In otherwords you are not going to bring your mobile homes right up next door to that house. Attorney Richards-We had indicated that and you had made a condition or suggested as a condition of our submission that we restrict the use of that house for mobile home park purposes only. We actually stamped that on the print that we submitted. That is strictly for the mobile home park manager and storage in connection with the mobile home park. To put the one acre restriction on that really I think is unnecessary, and physically flow, with the usage of the house. Councilman Pulver-A house on less than one acre in that zone would be non-conforming, we cannot create a non-conforming lot. Councilman Monahan-It is either a mobile home rezoning or you can still have a mobile home overlay but it would have to be with the condition in it that as long as that house is there one acre of land is left around that house. Mr. Parillo-Betty at the workshop, we said that the house was going to remain you wanted a number placed on it and that a park manager... Councilman Monahan-I never said I wanted a number placed on it. Mr. Parillo-I think Jim did then, somebody wanted it numbered and that as long as the park manager lived in the home and it was part of the mobile home park that it would be permissible. We did agree to take down the smaller garage the one to the left that we are still in agreement with and we also agreed that the other garage would remain. Councilman Monahan-If you have the garage and you have got the house there and I am looking at the lot the garage is on and the lot the house is on how much land do you have got there between those two lots. Mr. Parillo-Between what two lots, now. Councilman Monahan-Seven and Councilman Pulver-Seven and whatever the garage is on. Attorney Richards-It is awful hard to scale it out quickly. Executive Director Martin-One inch equals thirty on the... Attorney Richards-I guess it is not an acre if that is what you are concerned about, it would be less than that. Weare not as we have tried to make clear we are not trying to create some independent residential parcel this is not a parcel that we are saying can and should be used set apart from the mobile home. Councilman Monahan-If that house is going to if this is different, see when we saw the next plan we thought you had changed your mind, or I did anyway. The plan then showed no buildings there at all and that is what we were looking at not with you but afterwards. Mr. Parillo-I do not believe that we ever submitted a plan without any buildings on it, we have only got one print. Attorney Richards-The print that I am looking at.. .has the building on it and has that restriction that you wanted us to put on it. Councilman Pulver-I have one with and one without. One with the house and one without. Attorney Richards-Well the original may have been a boundary survey without... Mr. Parillo-One is the perimeter boundary survey. Councilman Monahan-Well that is what was attached with our papers before. Councilman Pulver-Right, that is without the house this is with the house. Attorney Richards-That is the perimeter boundary survey, that we were required to submit as part of the rezoning application. Again this is all, I want to say and again I am not defensive or hostile but this is in close cooperation with the planning department. We submitted that because the layout was part we understood was part of the mobile home park application itself which is our next step and which is subject to not only your approval but site plan review approval by the Planning Board so we did not get into the layout. We did have discussions with Betty and Jim on the layout and that is when we came up with this numbered lot arrangement which maybe some of you have not seen and the indication of the restriction of the use of the residence. We are not trying to do anything different than we ever said. Councilman Turner-The second map that she is referring to is planting recommendations. It shows a garage. .. the first map looks at the existing conditions. Mr. Parillo-The notations on there for the house and the garage were for placed on there at the request of the Planning Department after our meeting with Betty and Jim. (Board looked at map...) Councilman Monahan-My feeling is this if you are going, this has got the house, this has got the garage, this is going to have to be restricted to mobile home park use only, this is going to have to be restricted to manager use only it cannot ever be taken off there as a single family residential, you are going to have to put some restriction there. The Planning Dept. is going to have to come up with the right restrictions, Jim. So, that the garage can only ever be used for mobile home maintenance purposes of the park, the house can only ever be used for manager of the park those cannot be ... Councilman Pulver-They cannot be sold off separately. Councilman Monahan-They can never have a mobile home on them while either one of those structures are on those two parcels. You cannot double use them... Attorney Richards-That was what the notation on the map was for. Councilman Monahan-What I am saying, the Planning Department has to put those restrictions in the plans, and then we have to look at again I think, Jim are these planting recommendations valid then or are we going to have the change them? Executive Director Martin-They will have to be revised with the house that... Supervisor Champagne-You can all agree that Mrs. Monahan does spend considerable time in our Planning Office working with our Planners, making sure that the i's are dotted and the t's are crossed. Is that correct Betty? Councilman Monahan-I am also going to say that if there is any more clearing is done, first place we are going to have to have planning plan to be brought to the Beautification Committee and Planning Dept. to be approved. Any vegetation that is to remain has to be marked and photographed for identification. Attorney Richards-We have not done any illegal clearing so. Councilman Monahan-I am not saying that you have done any illegal clearing John, I amjust saying don't go clear any more. Attorney Richards-I think Jim has been over, we will take any photo's you want. Really we are not antagonistic. Councilman Monahan-I do not mean to sound antagonistic, but the neighbors are having a problem with the visibility apparently with some things that have happened. Attorney Richards-On that issue, and on the issue of the neighbors obviously there will be an advertisement and so there will be a public hearing. I would like to point out that I did submit some material, I do not know if it made it to your various folders because it did not come into Friday, ...ok, great, it did, we also have some residents here tonight, obviously it is not appropriate that they speak because the others are not here, but at the advertised public hearing I want you to know that there are one hundred and eighty six families that may disagree with some of the other comments that you have heard and I would like to make sure they have an opportunity to speak then as well. Councilman Monahan-John, I do not think it is only just replying to the neighbors, I think we are getting very conscious in this town of the ethics of the Town and we feel that when we do things like this it is appropriate for the developer and the owner to take some steps to make that a good looking project. Attorney Richards-And I think it is only, he has been doing that for ten years and we have no intention not to continue that, so we are all in the same boat on that one. Councilman Caimano- Y ou have the thirty six signatures and the five letters? Attorney Richards-Yes....do you know when the public hearing, so we can start planning? Supervisor Champagne-May 15th... RESOLUTION SETTING HEARlNG DATE AND TIME-PARlLLO RESOLUTION NO. 268.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby establishes May 15th 1995 at 7:00 P.M. as the Hearing Date and time for the Parillo Mobile Home Park Application. Duly adopted this 1st. day of May, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None ATTORNEY MATTERS 1. Amtek Human Resource Analysis Agreement the resolution authorized an amount of $4500. the agreement provides for $4500. plus travel expenses which runs approximately $29.00 a day, about 5 days ...because that is what was in the original agreement but your resolution limited to $4500. it got flagged not to go further and Amtek asked that we bring it back to the Board to approve the travel expenses. RESOLUTION AMENDING RESOLUTION REGARDING AMTEK HUMAN RESOURCE ANALYSIS AGREEMENT RESOLUTION NO. 269.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Queensbury Town Board hereby sets an upset amount for travel at $250. for the Amtek Human Resource Analysis Agreement. Duly adopted this 1st. day of May,1995 by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None 2. Serial Bond - Mr. Rick McCarthy advised us that the first step in the process is to have a discussion with myself and bonding counsel as well as Cathy...I am looking for direction from the Board as to what you would like to do in regard to securing bonding counsel.. .Board agreed to have Attorney contact the bonding counsel on the Water Treatment Plant and see what they would charge... 3. Will call for Executive Session on litigation. DISCUSSIONS 3 .1 PRIVATE ROADS/CARPENTER LANE Supervisor Champagne-What is the Board's pleasure where do you want to move on this? Are we ready to move? Councilman Caimano-Can we vote on it? Supervisor Champagne-I have no problem voting on it. Councilman Caimano- There now is evidence that in the recent past this road was called Carpenter Lane and I am on record as having said and I did not want to argue this thing either way but since there is evidence I guess we have got to go with the people who said it is Carpenter Lane, I do not see any other evidence here? Supervisor Champagne-Do I hear that as a motion? Councilman Caimano- This is a 1961 Councilman Turner-Yes, assessment. It was Carpenter Road not Carpenter Lane. Councilman Caimano-Carpenter Road, I am sorry. I said Carpenter Lane and I did not mean it. Councilman Pulver-It also goes 1970-1971. Supervisor Champagne-Do I have that as a motion? Councilman Caimano-Do you have something you want to say Paul? Attorney Dusek-Darleenjust mentioned to me that you do have other roads that need to be approved too, did you want to do this one separate and do the other ones later, or? Councilman Caimano-No, we want to settle on this and then do the whole thing. There is no other argument except for this one, right? Councilman Monahan-Unless Jim found any when he went checking for property owners? Supervisor Champagne-Well we do have another snag. According to the Post Office it was reported to me this past week they are not going to accept private road one, private road two, private road three we are going to have to distinguish by a name other than private road that is latest road. Councilman Caimano-How many roads did we have? Supervisor Champagne-I think we had nine. Councilman Monahan-Why does the Post Office care they do not deliver mail onto these roads. Supervisor Champagne-I am not here to argue that case with you I was told by Mr. Hatin that the Post Office will not, but they will be delivering mail on these roads as I understand it. Councilman Monahan-No. They can't they are private roads you cannot go onto them, their mail boxes ... Councilman Caimano- I would suggest that the Board is ready to accept Carpenter Road as that road but we should not approve this list until we get everything cleared up. Supervisor Champagne-The motion has been made... RESOLUTION NAMING PRIVATE ROAD AS CARPENTER ROAD RESOLUTION NO. 270.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner The Board is ready to accept Carpenter Road as that road. Duly adopted this 1st. day of May, 1995 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None 3.2 SENIOR COORDINATOR Supervisor Champagne-Both of our part time people have resigned and we are looking to re-fill that position in your packet you should have received a job description I would like to advertise for a full time scenario citizens coordinator. RESOLUTION ESTABLISHING POSITION OF SENIOR CITIZENS COORDINATOR AND ADVERTISING FOR POSITION RESOLUTION NO. 271.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board hereby establishes the position of Senior Citizens Coordinator full time position at a salary to be determined and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to send the job description to Civil Service and also arrange for advertisement of the position with notice to all applicants that the job maybe required to be tested under Civil Service and they may have to qualify under Civil Service for the same. Duly adopted this 1st. day of May, 1995 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None DISCUSSION HELD: Councilman Monahan-Requested that a member of the Senior Citizens comment on the position...Mrs. Sidney VanDusen-I am delighted to hear what I am hearing tonight that is great. I think Fred suggested that somebody from the Seniors group could participate in some of the interviews... Supervisor Champagne-once we narrow it down to two or three...(vote taken) 3.3 THREW STUMP DUMP Executive Director Martin-To update the Board the status of this project, it has been submitted for a use variance. The Zoning Board requested Lead Agent status at that time, the Town Board requested that also and lead agent status has been assigned to the Town Board for review of the SEQRA. I have forwarded on to you April 18th a copy of the long form that has been submitted and a week later I submitted a set of the full plans to you. I just wanted to know if there was anything else that you need. This has been submitted as a Stump Dump not a C&D landfill, it has been amended and has been amended with DEe. Councilman Monahan-The plans are exactly the same? Executive Director Martin-Yes. The plans give you existing and proposed topography and they give you cross section elevations...it appears to be a phases filling program. Mr. Tom Nace, Engineer-The plans are as originally submitted to DEC several years ago for a construction debris landfill. Councilman Monahan-The plans are dated 6-5-92? Mr. Nace- Yes. Since these were originally developed as a C&D landfill we felt that was more restrictive our plans and details then a quote unquote stump dump therefore the same plan would be more than applicable to the present use. Executive Director Martin-Pending the out come of the SEQRA review this has yet to go back to the Zoning Board of Appeals for a use variance hearing pending the out come of that process it would then come back to this board for permitting as a dump. This would be the only environmental assessment undertaken on this process. Councilman Monahan-I would like to see SEQRA with the public having a chance to make comments, because there is a point on the SEQRA that says is there any neighborhood opposition? Councilman Pulver-Questioned what the hours of operation would be and who is going to be monitoring this? Mr. Nace- The applicant will operate the landfill, there are requirements under the DEC permit as far as what he has to do regarding security, the hours of operation are set by the permit. The monitoring would be done by DEC and then the Town...when it is open an operator has to be there. Councilman Monahan-Recommended that Bill McNamara look at this... RESOLUTION SETTING PUBLIC HEARlNG DATE FOR THREW STUMP DUMP RESOLUTION NO. 272.95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board hereby sets a Public Hearing on June 5th 1995 at 7:00 P.M. for the Threw Stump Dump. Duly adopted this 1st. day of May, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None 3.4 UPPER ROUTE 9 RECONSTRUCTION Executive Director Martin-This is a project that was initially discussed it is a re-surfacing there has been some feelings from members of the community, attended a meeting of DOT and QBA that this is an opportunity to take a look at Route 9 that could involve widening, and maybe improvements at intersections and landscaping improvements. DOT is willing to take a more broad look at this. Councilman Monahan-What are the concerns of the Glens Falls Transportation Council? Executive Director Martin-Initial concerns were limited to quality of the pavement...... Supervisor Champagne-What is the time line on this? Executive Director Martin-I believe they are to start preliminary engineering and surveying work this fall. It was discussed to have a public information on this project, possibly the second Monday in June... 3.5 SALES TAX Ms. Catherine Goeffroy-It was larger than last year...it was up two tenths of a percent. Noted we should come in about $200,000 over budget... Discussion held regarding proper identification of sales tax... 3.6 DATE OF ROAD TOUR Road tour to be 4:30 P.M. on Wednesday... DISCUSSIONS Councilman Pulver-Noted she was missing some pages in the Planning Board Minutes of April 25th... Councilman Caimano-l. Two meetings in a row we have had resolutions in which we changed the resolution, we really should do that by amendments....RE: Forest Park noted that those issues should be resolved before they come before the Board at the department level. ...questioned if resolution is required when a public hearing is left open and then is held at a different date...Attorney Dusek-A resolution of that nature does no harm whatsoever to quickly have the board declare the act...the board can only act by vote otherwise there is a nothing...Councilman Caimano- regarding taking input from the public during resolutions-we have said when there is a resolution on the table the public cannot speak...we need to be consistent. OPEN FORUM 1. ROLAND AKINS-Corinth Road-RE: Forest Park I understood that we would be notified by mail of the public hearing... Councilman Turner-Yes you will.. Supervisor Champagne-Those within 500' 2. GILBERT BOEHM-Dunhams Bay- Questioned if there was going to be a Hazardous Waste Day... Town Clerk-Noted that the County was going to handle that... Supervisor Champagne-I believe that will be in 1996... 3. JOHN SALVADORE-No. Queensbury - Questioned if the Supervisor had a mechanism for keeping the Board Members informed of the meetings on Warren County Sewer Project. Supervisor Champagne-Noted that we have met with Mr. Austin...I certainly, probably should give them more information than I have in the past... Mr. Salvadore-Questioned if this could be put on the agenda... Supervisor Champagne-Reviewed the project ... noted considerable dollars have been taken from the appropriation and the question now is, is it a doable project. Councilman Monahan-It is very important that our rights are preserved as far as that sewer is going in North Queensbury. Supervisor Champagne-That same plan that we looked at six months ago needs to be the same plan that stays on the table or we have to go back to square one. Councilman Monahan-They did say we could amend the FEIS. Mr. Salvadore-Noted that the upgrade of the Village Sewage Plant was not part of the EIS. I think you should do your own investigation of what a hook up is going to cost. You had promised to keep me informed of the County Meetings that are scheduled in the dark of night and held at short notice and I found out from a neighbor about that meeting. Supervisor Champagne-I promised you that I would keep you advised, John there are 23,879 in that community let me withdraw that promise tonight... Mr. Salvadore-What is the status of the work the Town is doing on storm water management plan for No. Qsby. Executive Director Martin-We have had one meeting of the advisory board they were handed a copy of the draft list of tasks that would be needed to formulate the plan and they are meeting tomorrow at 4:00 o'clock to go through that and make recommendations back to the Town Board. Mr. Salvadore-What direction is the Town going on Hudson Park? Councilman Pulver-The recreation commission just held a meeting and they are putting together their public input and submitting it to the Town Board. Noted we are having a meeting with Sharron to get some updates... Mr. Salvadore-Ethic's Committee staffing? Councilman Caimano- Tuesday night... Councilman Pulver-Interviews every ten minutes Mr. Salvadore-The Fire Protection Study? Supervisor Champagne-We are in the process of awarding that. Mr. Salvadore-The dog enumeration program? Executive Director Martin-About to conclude... Mr. Salvadore-Route 9 reconstruction, will there be any cost to the Town in that project? Councilman Turner-No. Mr. Salvadore-RE: Sales Tax noted that he lists the County and Town on the sales tax form it is the physical location of the place... Spoke about facility in No. Qsby. that has a structure in the air which I believe a proper building permit was not granted, the Town was without power and authority to grant a building permit. I think the structure was improperly constructed and I think we have a dangerous situation out there. I would like to think that the Town is moving to satisfy itself that on behalf of the public we have a safe structure out there. 4. STERLING AKINS-Corinth Road-RE: Bill Threw Landfill concerned it is being re-submitted under construction debris drawings that were made in 1991 because I think this is going to be confusing to everybody down the road. I worked in engineering a long time and all it takes is a note on there to change the title or do whatever they want to do and put a date on it and you have up to date drawings. Councilman Caimano- I think he makes a good point. Councilman Monahan-I think we will direct Jim to tell Tom Nace to update the drawings. Mr. Akins-Requested that when this is brought up to the Town take note of the petition that was turned back in August 12th. Councilman Monahan-Was that about a stump dump or C&D? Mr. Akins-It was about the construction landfill. Councilman Monahan-Recommended that another petition be circulated and titled stump dump...I would suggest that this Board go on record with a resolution to DEC, that we ask DEC to check our zoning before they issue permits... Councilman Pulver-Requested that a resolution be ready for the next regular meeting. Supervisor Champagne-Someone should write or call DEC to get a position, they may say we have the rights to issue permits in any zone ... Attorney Dusek-I think you are right that is what DEC's position might me, however, you have a couple of things going in your favor first of all as a government entity to another government entity you certainly have the right to make the request the second thing you also can make an argument under SEQRA that when they issue permits they ought to be checking around to see if they should be coordinating the review with other agencies. 5. CONNIE GOEDERT-re: Fire Study Agency questioned when the resolution will be done? Supervisor Champagne-Two weeks from tonight. Ms. Connie Goedert -Complimented the Supervisor to getting back to me in a timely fashion...in reference to the EMS service award...ifyou have not received a response from the Comptroller Office that we keep in contact with them, we are the only area in New York State that has already had this program voted in by the public, so if we drag our feet they are just going to continue to drag their feet because they do not have to settle it for anyone else. 6. PLINEY TUCKER-Division Road, Queensbury-I want to bring to the attention of the Board that garbage is being dumped on the Hudson Park land. I know we charge for white metal at the landfill, we did that because there was no profit in handling it, now that we make money at it questioned if the charge would be dropped? Supervisor Champagne-We can take a look at it. Mr. Tucker-RE: Sales Tax, is Curtis Lumber on your list? Supervisor Champagne-I would have to take that name to Mr. Wertime's Office and have that checked. Mr. Tucker-Re: lighting Mr. Turner Councilman Turner-I call from him today, I will have to call him back..I will have the numbers tomorrow... Mr. Tucker-Noted it was mentioned that the bids on the water plant were postphoned... Supervisor Champagne-We have not yet accepted the bids so obviously until such time as the engineers review and we get that information back no action will be taken... Mr. Tucker-You are going to bond this, when do you determine how much money you will borrow? After the bids are all in? Attorney Dusek-The bonding resolution has already been done, the bonding resolution leaves the authority to the Town Supervisor to sell BANS or go to a Serial Bond Issue. The Town is putting together its official statement and is preparing to enter the market in the near future for the sale of serial bonds, that is going to be the first approach for a chunk of the funds that are needed with the thought of once again going into the market next year so that all the money isn't, because now you have to gage how much your project is going to cost and you want to make sure you have enough money but yet not too much in terms of having left over funds when the project is finished. Supervisor Champagne-We are going to borrow the money only up to the limit that we need to do the project. Mr. Tucker-You are removing asphalt tile from the old water plant and I gather you are using personnel that work for the water department right? Councilman Caimano-NO. You have to use certified .... Mr. Tucker-Questioned the excavation work being done near the tank at Gurney Lane... Question how the town made out regarding the damage done to equipment that was being returned by the Highway Dept.? Attorney Dusek-The investigation is currently on going. Mr. Tucker-Was the machine that we did purchase, purchased from the people we damaged? Supervisor Champagne-No. 7. SUE WHITING-GLENWOOD AVENUE-Spoke to the Town Board regarding the parking on Glenwood Avenue..presented a petition to the Town Board...also spoke about dumping on the site... Town Board agreed to contact Mr. Hansen to see about the clean up of the area... Ms. Whiting-Recommended that the fence be extended to the end of the Town's property... Councilman Caimano-Questioned if the neighbors would mind if a no parking zone be done on all of Glenwood.. . Ms. Whiting-We don't care... Attorney Dusek-Will draft a local law for the next meeting. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 273.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss litigation involving the City of Glens FallslTown of Queensbury. Duly adopted this 1st. day of May, 1995 by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver (Mrs. Pulver-left the meeting room returned in a few minutes) RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 274.95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its executive session and moves back into Regular Session. Duly adopted this 1st. day of May, 1995 by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING FILING OF APPEAL - TOWN OF QUEENSBURY VS. CITY OF GLENS FALLS ET AL RESOLUTION NO. 275.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, there is currently pending the matter of the Town of Queensbury vs the City of Glens Falls et aland WHEREAS, the Town Board of the Town of Queensbury after careful consideration of this matter with the Town Attorney and outside counsel has determined that it would be appropriate to file for an appeal in connection with said action. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Attorney to immediately file a notice of appeal in connection with the aforesaid matter. Duly adopted this 1st. day of May, 1995 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None DISCUSSION-Supervisor Champagne-We have plans from both the residents of Cleverdale and also a set of plans from Mr. Brock that he agreed to put together and both parties those plans have been shown to the opposite parties and both have at this point rejected those plans. It is my opinion that the Board will cancel the meeting scheduled for Wednesday and proceed as originally intended. RESOLUTION ADJOURNING MEETING RESOLUTION NO. 276.95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting. Duly adopted this 1st. day of May, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen Dougher Town Clerk