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1995-11-20 TOWN BOARD MEETING NOVEMBER 20, 1995 7:00 p.m. MTG.#63 RES. 583-600 TOWN BOARD MEMBERS Supervisor Fred Champagne Councilman Betty Monahan Councilman Theodore Turner Councilman Connie Goedert Councilman Carol Pulver Town Attorney Paul Dusek PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE PUBLIC HEARING- MOBILE HOME APPLICATION- MARJORIE JOHNSON/KELL Y SPRAGUE NOTICE SHOWN Supervisor Champagne-called the public hearing opened... Mrs. Johnson-Notified the Town Board that her attorney was not present and requested the public hearing be held until he was present... Board agreed to wait for Mrs. Johnson's attorney. RESOLUTIONS RESOLUTION INCREASING WATER RATES FOR QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 583.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury, as the governing board for the Queensbury Consolidated Water District, having reviewed the finances of the Water District, and having determined that a proposed water rate increase should be considered and having also determined it appropriate to set a public hearing concerning said rate increase, and WHEREAS, a public hearing was duly held on November 15, 1995, at which time all persons interested were heard, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the proposed new water rate schedule for the Queensbury Consolidated Water District and all extensions and consolidated districts and extensions therein be adopted, which rate increase shall be as follows: BASIC OR FLAT RATE CHARGE FOR FIRST 8,000 GALLONS OF USAGE: CURRENT PROPOSED $17. for first 12,000 $20. for first 8,000 gallons gallons CHARGE FOR USAGE OVER 8,000 GALLONS: CURRENT PROPOSED $1.20 per 1,000 gallons of usage over 12,000 gallons $ 1.52 per 1,000 gallons of usage over 8,000 gallons and BE IT FURTHER, RESOLVED, that the water rates will take effect for water consumed after the meter reading date for the February 1996 billing, with the May 1996 billing statements to reflect water consumed at the new rate. Duly adopted this 20th day of November, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION INCREASING WATER RATES FOR WEST GLENS FALLS WATER DISTRICT RESOLUTION NO. 584.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury, as the governing board for the West Glens Falls Water District, having reviewed the finances of the Water District, and having determined that a proposed water rate increase should be considered and having also determined it appropriate to set a public hearing concerning said rate increase, and WHEREAS, a public hearing was duly held on November 15, 1995, at which time all persons interested were heard, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the proposed new water rate schedule for the West Glens Falls Water District be adopted, which rate increase shall be as follows: CURRENT PROPOSED METERED .44/1000 GAL. 1.52/1000 GAL. F AMIL Y USE $10. $21. BATH/SHOWER $ 4. $ 9. TOILET $ 4. $ 9. ADD'L BATH/SHOWER $ 2. $ 5. ADD'L TOILET $ 2.5 $ 5. HOSE (MAY ONLY) $ 6. $13. POOL $ 5. $11. STORE $10. $21. TRAILER $18. $39. LUNCH ROOM $ 6. $13. and BE IT FURTHER, RESOLVED, that the water rates will take effect for water consumed after May 1, 1996, with the May 1996 billing statements to reflect water consumed at the new rate. Duly adopted this 20th day of November, 1995, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Councilman Goedert-Question how long it will be before everyone in the West Glens Falls Water Dist. is on meters? Water Supt. Flaherty-Hopefully six months to a year... RESOLUTION NO.: 585.95 RESOLUTION ADOPTING 1996 PRELIMINARY BUDGET INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury has met at the time and place specified in the Notice of Public Hearing on the 1996 Preliminary Budget and heard all persons desiring to be heard thereon, and Town, WHEREAS, ~27 of the Town Law provides for the setting of salaries of Elected Officials of the NOW, THEREFORE, BE IT RESOLVED, that the salaries for the Town of Queensbury Elected Officials shall be as follows: Supervisor Town Councilpersons (4) Town Clerk Highway Superintendent Town Justices (2) $47,700. per annum; $12,000. per annum; $42,290. per annum; $54,000. per annum; $27,810. per annum; and BE IT FURTHER, RESOLVED, that the amendments to the Budget shall hereby be as follows: PROPOSED FUND DEPT LINE BUDGET GENERAL 001 001 001 001 001 1330 1410 9060 9901 1990 4060 4060 8060 9004 1002 HIGHWAY 004 9060 8060 004 9730 6030 004 0004 5031 DESCRIPTION ADOPTED BUDGET Service Agreements Service Agreements Health Insurance Transfer to Highway 1,867,300 Payroll-Contingency 56,500 General Fund Balance Applied 2,010 960 1,680 1,290 340,000 358,000 1,944,800 82,500 937,076 1,058,576 Health Insurance 239,200 249,200 BAN Principal 100,000 167,500 Interfund Transfer 1,867,300 1,944,800 040 9060 8060 QUEENSBURY WATER DISTRICT 200,000 217,000 Health Insurance 040 0040 2140 040 0040 1001 Metered Water Sales 1,675)06 Real Property Taxes 1,617,275 Water Fund Balance Applied 1,292)06 1,952,275 500,000 565,000 WEST GLENS FALLS WATER DISTRICT 046 046 046 046 0046 1001 0046 2140 0046 2142 8320 4400 Real Property Tax Meter Water Sales Unmetered Water Sales Miscellaneous 30,400 4,069 27,231 37,000 6,900 27,300 Contractual 30,000 43,500 and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury does hereby adopt the 1996 Preliminary Budget as amended, as the Town of Queensbury Annual Budget for 1996, and that such Budget shall be entered in the minutes of the proceedings of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury shall prepare and certify duplicate copies of said Annual Budget as adopted by the Town Board of the Town of Queensbury, together with estimates, if any, adopted pursuant to ~202A Subdivision 2 of the Town Law and deliver one copy thereof to the Town Supervisor of the Town of Queensbury, who shall thereafter present it to the Warren County Board of Supervisors. Duly adopted this 20th day of November, 1995, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ACCEPT BIDS FOR VEHICLES & EQUIPMENT RESOLUTION NO. 586.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for the sale of the following vehicles and equipment: 1. 1990 Chevrolet Van - 90,000 Miles 2. 1967 International Rock Bottom Dump Truck 3. Ford Tractor 4. 1986 Ford Ranger Truck - 62,845 Miles 5. 1987 Chevrolet S-1O Pick-Up Truck -75,950 Miles 6. 1977 International Truck Chassis 7. 1988 Ford I-Ton With Box 8. Air Compressor 9. Three (3) Buckets for a John Deere 510B 10. 1967 - I.H.C. Truck 11. 1978-FordVan 12. 1962 - I.H.C. 6x6 Truck said specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, the Town of Queensbury received bids in connection with the aforementioned advertisement, and WHEREAS, Paul H. Naylor, Town Highway Superintendent, Thomas K. Flaherty, Town Water Superintendent, and James T. Coughlin, Town Solid Waste Facilities Operator, have recommended that certain bids be awarded to the highest bidders for the highway, water, and landfill equipment and vehicles, respectively, as follows: ITEM B. INTERNATIONAL ROCK BOTTOM DUMP TRUCK NAME OF BIDDER! ADDRESS BID AMOUNT WILLIAM RITCHIE JR. BOX 50 MIDDLE GRANVILLE, NY 12849 $ 3,130. ITEM C. FORD TRACTOR NAME OF BIDDER! ADDRESS BID AMOUNT NICK BARBER LUZERNE MT. RD. GLENS FALLS, NY 12801 $ 1,152. ITEM D. FORD RANGER TRUCK NAME OF BIDDER! ADDRESS BID AMOUNT TERRY MORRISON BOX 265 PUTNEY HILL RD. W ARRENSBURG, NY 12885 $ 661. ITEM E. CHEVROLET S-1O PICK-UP TRUCK NAME OF BIDDER! ADDRESS BID AMOUNT TERRY MORRISON BOX 265 PUTNEY HILL RD. W ARRENSBURG, NY 12885 $ 801. ITEMF.INTERNATIONAL TRUCK CHASSIS NAME OF BIDDER! ADDRESS JEFFREY DADO ITEM G. FORD 1 TON WITH BOX NAME OF BIDDER! ADDRESS C.B.S. TRUCKS INC. BOX 45 RT. 4A BOMOSEEN, VT 05732 ITEM H. AIR COMPRESSOR NAME OF BIDDER! ADDRESS R. W. TATKO SLATE PRODUCTS RR2 BOX 615 GRANVILLE, NY 12832 ITEM I. THREE BUCKETS FOR JOHN DEERE 510B NAME OF BIDDER! ADDRESS TERRY MORRISON BOX 265 PUTNEY HILL RD. W ARRENSBURG, NY 12885 ITEM 1. I.H.C. TRUCK NAME OF BIDDER! ADDRESS JEFFREY DADO ITEM K. FORD VAN NAME OF BIDDER! ADDRESS C.B.S. TRUCKS INC. BOX 45 RT. 4a BOMOSEEN, VT 05732 ITEM L.I.H.C. 6X6 TRUCK NAME OF BIDDER! ADDRESS BID AMOUNT $ 457. BID AMOUNT $ 2,000. $ 601. BID AMOUNT BID AMOUNT $ 302. BID AMOUNT $ 1. $ 251. BID AMOUNT BID AMOUNT JEFFREY DADO $ 257. and WHEREAS, it has been learned that the 1990 Chevrolet Van is still needed for Town purposes and it is believed that the value of the van is greater than the highest bid, NOW, THEREFORE, BE IT RESOLVED, that all bids for the 1990 Chevrolet Van are rejected, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bids to the highest bidders as referenced hereinabove. Duly adopted this 20th day of November, 1995, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR STEVEN AND DODY THETFORD RESOLUTION NO.: 587.95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~113-12 of the Code of the Town of Queensbury, to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Steven and Dody Thetford have filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with said ~113-12 of the Code of the Town of Queensbury, to locate a mobile home at property situated at 26 Pasco Avenue, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a public hearing regarding said permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on December 18th, 1995 at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by Steven and Dody Thetford for a "Mobile Home Outside a Mobile Home Court" Revocable Permit on property situated at 26 Pasco Avenue, Queensbury, New York, 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 to publish and provide notice of said public hearing in the official newspaper of the Town of Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Town Planning Board, at least 10 days prior to said hearing. Duly adopted this 20th day of November, 1995, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO. 588, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, certain departments have requested transfers of funds for the 1995 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1995 budget: BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-1620-4300-0024 (Utilities) 001-5132-4100 (Telephone Use) $ 100. 01-1620-1400 (Laborer A) 01-1620-1060-0002 (Clerk - Overtime Earnings) 50. 01-1620-1400 (Laborer A) 01-1620-1220 (Building & Grounds Super.) 57.30 01-1620-1400 (Laborer A) 001-1620-4160 (Signs) 75. 01-1620-1400 (Laborer A) 001-1620-4300-0022 (Utilities [Town Office]) 500. CEMETERY: FROM: TO: 02-8810-4400 (Contractual) 02-8810-4230 (Receiver of Taxes [Water]) CEMETERY: (Cont.) FROM: TO: 02-8810-1430 (Laborer B, PT) 02-8810-1450-0002 (M.E.O, Plot Overtime) COMMUNITY DEVELOPMENT: FROM: TO: 01-3510-1640-0002 01-3510-4100 (Overtime) (Telephone Use) 01-8010-2001 01-8010-4100 (Misc. Equipment) (Telephone Use) 01-8020-4110 01-8020-4100 (Vehicle Repair) (Telephone Use) 01-3510-1640 01-3510-4400 (ACO - Overtime) (Misc. Contractual) 01-3510-1640 01-3510-2001 (ACO - Overtime) (Misc. Equipment) 01-3510-1640-0002 01-8020-2010 (Overtime - (Office Equip. - Dog Control) Planning) 01-8010-4080 01-8020-2010 (Advertisement - (Office Equip. - Zoning) Planning) 01-8020-1610 01-8020-2010 (Planning (Office Equip. - Assistants) Planning) 01-3410-2001 01-8020-2010 (Misc. Equip. - (Office Equip. - Fire) Planning) 01-3410-4070 01-8020-2010 (Equip. Repair - (Office Equip. - Fire) Planning) 01-3410-4090 01-8020-2010 (Conference (Office Equip. - Expense - Fire) Planning) $ 100. $ 500. $ AMOUNT: $ AMOUNT: $ AMOUNT: $ 125. 100. 550. 150. 150. 1,000. 300. 2,200. 305. 125. 370. COMMUNITY DEVELOPMENT: (Cont.) 01-3410-4400 01-8020-2010 100. (Misc. Contractual - (Office Equip. - Fire) Planning) 01-3410-4410 01-8020-2010 100. (Gasoline - Fire) (Office Equip. - Planning) 01-3510-4760 01-8020-2010 500. (Vet. Services - (Office Equip. - Dog Control) Planning) COMPTROLLER: FROM: TO: $ AMOUNT: 001-1990-4400 001-5182-4300 $ 4,000. (Contingency) (Street Lighting - Utilities) 01-1315-4220 01-1315-4040 200. (Training) (Dues) HIGHWAY: FROM: TO: $ AMOUNT: 04-5110-1470-0002 04-5130-4400 $ 4,333. (W.F. [OT]) (Misc. Contractual) 04-5110-4400 04-5130-2040 1,500. (Misc. Contractual) (Heavy Equipment) 04-5110-1450-0002 04-5110-1450 4,010.97 (MEO [OT]) (MEO) 04-5110-1450-002 04-5130-4400 3,776. (MEO [OT]) (Misc. Cont.) 04-5110-1470 04-5130-4400 1,975. (Working Foreman) (Misc. Cont.) 04-5110-1440 04-5130-4400 1,620. (HEO) (Misc. Cont.) RECEIVER!CLERK: FROM: TO: $ AMOUNT: 001-1410-1880 001-1330-4030 $ 207. (Sr. Clerk) (Postage) 001-1410-4010 001-1330-4030 141. (Office Supplies) (Postage) 001-1410-4220 001-1330-4030 260. (Training) (Postage) 001-1330-2031 001-1330-1130 984. (Computer Hardware) (Deputy Receiver) 001-1330-4010 001-1330-4030 125. (Office Supplies) (Postage) 001-1330-4400 001-1330-4030 60. (Misc. Contractual) (Postage) 001-1990-1002 001-1330-1130-0002 125. (Payroll Contingency) (Deputy Receiver OT) 001-1990-1002 001-1330-1130 2,916. (Payroll - (Deputy Receiver) Contingency) 001-1330-1070 001-1330-1130 2,000. (Clerk - PT) (Deputy Receiver) 001-1410-4400 001-1330-4030 500. (Misc. Contractual) (Postage) 001-1410-4420 001-1330-4030 1,000. (Codification) (Postage) 001-1990-4400 001-1330-4030 707. (Contingency) (Postage) TOWN CLERK: FROM: TO: $ AMOUNT: 001-1990-4400 01-1410-4100 $ 500. (Contingency) (Telephone Use) 001-1990-4400 01-1410-4080 1,500. (Contingency) (Advertisement) SUPERVISOR'S OFFICE: FROM: TO: $ AMOUNT: 01-1220-4090 001-1220-2032 $ 313. 96 (Conference Expense) (Computer Software) 01-1220-2001 001-1220-2032 300. (Misc. Equipment) (Computer Software) 01-1220-4400 (Misc. Contractual) 01-1220-4050 (Books, Pubs. & Subscriptions) 165. WASTEWATER: FROM: TO: $ AMOUNT: 032-8130-4425 (Sewer Charges, G.F.) 032-8120-4400 (Misc. Contractual) $1,000. 032-1990-1002 (Misc. Payroll) 032-811 0-1910-1002 (Senior Typist, FT Overtime) 100. 032-8130-4425 (GF Sewer Charges Treatment & Disposal) 032-8120-4791 (Equip. Main.) 1,500. and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 20th day of November, 1995, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Councilman Goedert -Questioned the purchase of a copy machine in Community Development Office. Executive Director Martin-Noted his copy machine has got in excess of 200,000 copies on it, it is also the second oldest one in the building and we are doing copies of 15,000 per month... Supervisor Champagne-Spoke to the Board that he had inspected the machine and it is ready to go for auction... Councilman Goedert-My personnel opinion on it is that we should buy a major copy machine centrally located and discontinue individual department machines... Supervisor Champagne-We will look into that. RESOLUTION AUTHORIZING EXPENDITURE FOR CHRISTMAS TREE LIGHTING CEREMONY RESOLUTION NO.: 589.95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury will hold its annual tree lighting ceremony during the month of December, and WHEREAS, this is a public event to which all the residents in the Town of Queensbury are invited, and WHEREAS, the Town Board of the Town of Queensbury desires to appropriate funds for refreshments and other related expenses associated with the event, in an amount not to exceed $500., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appropriates the sum of $500., for the purposes of paying for those expenses associated with the tree lighting ceremony, including refreshments, costs associated with retaining a Santa Claus, and photographs, with the same to be paid for from the Celebrations Account No.: 01-7550-4400. Duly adopted this 20th day of November, 1995 by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None Discussion held regarding Hudson Pointe Zoning Change-will be reviewed at workshop session. RESOLUTION OF APPOINTMENT RESOLUTION NO. 590.95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of appointing Ms. Gail St. Claire to a part -time Clerk position at Pine View Cemetery & Crematorium, as part of the Green Thumb Program, Office of the Aging, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Ms. Gail St. Claire to the part-time Clerk position, effective immediately, with the understanding that the salary for the part-time position will be paid by Green Thumb for the remainder of the 1995 year, and the Town of Queensbury to fund said position as of January 1, 1996. Duly adopted this 20th day of November, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING APPLICATION AND PURCHASE OF INSURANCE RESOLUTION NO.: 591.95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury desires to arrange for the purchase of a Public Officers Liability Policy for 1996, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to arrange for the submission of an application for insurance to the St. Paul Insurance Company, execute said application, and take all steps that may be necessary to arrange for Public Officers Liability Insurance Coverage through said Company. Duly adopted this 20th day of November, 1995, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Councilman Monahan-We reviewed whether it would be to the Town's advantage to put requests out for proposals for insurance this year and after looking at all the options we decided it would not be to our advantage so we have left our insurance with Cool Insurance Company. RESOLUTION AUTHORIZING APPLICATION AND PURCHASE OF INSURANCE RESOLUTION NO.: 592.95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, General Liability Coverage Insurance and other related types of insurance with the Town of Queensbury must be renewed for the year 1996, and WHEREAS, the Town Supervisor and Councilperson Monahan, during 1994, reviewed the insurance in effect for the Town and arranged for the solicitation of insurance coverage available through other companies, reviewed the same, and recommended to the Town of Queensbury, the purchase of the insurance coverage now in effect, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, being familiar with the insurance coverage in effect for the Town of Queensbury for General Liability and Public Officers Insurance, determines it appropriate to remain with Cool Risk Management Services, hereby authorizes any necessary applications to the St. Paul Insurance Company for General Liability Coverage and hereby further authorizes the filing of applications with any other companies recommended by Cool Risk Management Services. Duly adopted this 20th day of November, 1995, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION WITH REGARD TO THE ESTABLISHMENT OF HUDSON RIVER PARK - DECLARATION OF LEAD AGENCY STATUS RESOLUTION NO.: 593.95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury has secured a Municipal Park Project Grant under the Land and Water Conservation Fund and the Environmental Quality Bond Act of 1986, and WHEREAS, the Grant was secured for purposes of funding the development of a park adjacent to the Hudson River off of Big Boom Road in the Town of Queensbury, and WHEREAS, the aforesaid Grant is a fifty-percent (50%) matching grant and is in the sum of $81,612., and WHEREAS, Warren County is the owner of the property where the park is proposed to be located and the County Board of Supervisors has provided authorization for a revocable license agreement with the Town of Queensbury for use of the County property for a public park and recreation area, and WHEREAS, the Town Board of the Town of Queensbury has previously adopted a resolution indicating the type of development that it feels is appropriately planned for the area, as well as authorizing the commencement of a SEQRA review of the project, and WHEREAS, the agencies believed to be involved agencies for purposes of a SEQRA review have been contacted and have indicated their consent to the Town Board being lead agent, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby declares itself to be the lead agency in connection with the environmental review of the above-described project, under the State Environmental Quality Review Act, and hereby further authorizes the Town Attorney to forward any notices that may be necessary in connection with such declaration, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines it appropriate to wait until additional information is received before making a determination as to potential impacts with regard to the proposed project. Duly adopted this 20th day of November, 1995 by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING MRS. MARILYN POTENZA TO VACANT COUNTY SUPERVISOR POSITION FOR THE TOWN OF QUEENSBURY RESOLUTION NO.: 594.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Mrs. Elizabeth Little, Town of Queensbury representative on the Warren County Board of Supervisors, has resigned from said Board, and WHEREAS, there now exists a vacancy on the Warren County Board of Supervisors from the Town of Queensbury, and WHEREAS, the Queensbury Town Board wishes to fill this vacancy on the Warren County Board of Supervisors to maintain the legal voting rights of the Town of Queensbury on said Board, and WHEREAS, the Queensbury Town Board has the authority to appoint a person to fill the vacancy, NOW, THEREFORE BE IT RESOLVED, the Queensbury Town Board hereby appoints Mrs. Marilyn Potenza to fill the vacancy on the Warren County Board of Supervisors created by the resignation of Mrs. Elizabeth Little, such appointment to be effective immediately and until December 31, 1995, and BE IT FURTHER, RESOLVED, that the members of the Town Board shall, in witness hereunto, set their hands in the Town Hall in said Town on the 20th day of November, 1995. Fred Champagne, Town Supervisor Connie Goedert, Town Councilperson Betty C. Monahan, Town Councilperson Theodore Turner, Town Councilperson Carol A. Pulver, Town Councilperson Duly adopted this 20th day of November, 1995 by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION RETAINING SERVICES OF URBACH KAHN & WERLIN P.C. CERTIFIED PUBLIC ACCOUNTANTS FOR AUDITING SERVICES RESOLUTION NO.: 595.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury has determined that there is a need to provide auditing services to the Town of Queensbury for the years ending December 31, 1995 and 1996, and WHEREAS, Urbach Kalm & Werlin, P.c., has offered to render said professional advisory services to the Town of Queensbury at a cost notto exceed $ 16,800. and $17,300., for the years ending December 31, 1995 and 1996, respectively, and as more specifically set forth in their letter and proposal dated November 14, 1995 to the Town Board of the Town of Queensbury, a copy of which has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to retain the services of Urbach Kalm & Werlin, P.C., to provide auditing services to the Town of Queensbury for the years ending December 31, 1995 and 1996, and BE IT FURTHER, RESOLVED, that the fee for services rendered by Urbach Kalm & Werlin, P.C., is approved in the amounts of $ 16,800. and $17,300., for the years ending December 31, 1995 and 1996, respectively, with the payment to be charged to Account No.: 001-1320-4401, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to sign any and all necessary agreements, and for the Town Comptroller of the Town of Queensbury to sign and process for payment, any and all bills for services rendered in accordance with this resolution upon receipt of properly completed vouchers. Duly adopted this 20th day of November, 1995, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING MEMBERS TO THE COMPREHENSIVE PLAN ADVISORY BOARD RESOLUTION NO.: 596.95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury has in existence a Comprehensive Plan Advisory Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Roger Ruel and Mr. Michael Vasiliou to the Comprehensive Plan Advisory Board, said terms to expire on December 31,1995. Duly adopted this 20th day of November, 1995, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None RESOLUTION CHANGING CIVIL SERVICE TITLES FOR CERTAIN LANDFILL EMPLOYEES RESOLUTION NO.: 597.95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, it has come to the Town Board's attention that three employees at the Town Landfill on Ridge Road, who presently occupy the Civil Service Title of Landfill Equipment Operator, need to have their Civil Service Title amended to Heavy Equipment Operator, as it is no longer necessary to have "Landfill" as part of their job title, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the title of Landfill Equipment Operator for Keith Sheerer, Donald Vaughn, and David Cutter, be changed to Heavy Equipment Operator, effective January 1, 1996, at the hourly rate of $11.66 per hour as mandated by the Civil Service Contract, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete any necessary forms to effectuate this resolution. Duly adopted this 20th day of November, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held before vote: What we are doing is taking the landfill equipment operator and putting them in as heavy equipment operators, slight reduction in wages. DISCUSSIONS Mr. David Hodgson-(Passed out information only to the Town Board regarding the proposed bike trail, letters of support) spoke about the icetea application proposed to be sent on to the New York State Dept. of Transportation, looking for letter of intent from the Town Board to fund the local 20% share of the plan which would be $106,160. and eighty percent from icetea for a total cost of $424.640. Councilman Goedert-Questioned if the plan was for five feet of blacktop on both sides of the road? Mr. Hodgson -From the edge of the travel lane five feet...Councilman Goedert-Questioned regarding Aviation Road if there is room for five feet of excess on both sides of the road? Mr. Hodgson -Have spoken to Mr. Naylor and in some cases the road may be shifted ... Councilman Goedert -concerned about the five feet, we will have some neighbors that will not be happy with that. Attorney Dusek-Questioned what our ownership rights are, and if you do have to acquire land is that accounted for in the total budget? Mr. Hodgson -No. Attorney Duske-Has there been a study done on where you would have to acquire land? Mr. Hodgson-No. Noted he has to have application into icetea board of review by December 11th...noted without the Town Board approval the plan is dead... Councilman Monahan-Noted in the over all master plan of the town we have said we have to find a way of moving people safely from one area of the town to another..I think this plan fits in with a lot of the planning we have done ... I want to commend this group and you have my support behind your efforts. ... Councilman Goedert-Questioned when you submit the plan is the plan itself accepted, do they have to accept your plan? Mr. Hodgson -Yes...We build to plan as much as we can but they realize that there are unforseen snags that come up that is why we have a map with additional phases and alternate routes so if for some reason one of the routes is impossible to accomplish we can they substitute another area and that would maintain the spirit of the grant. Comptroller Geoffroy-Who will be responsible for monitoring and compliance with Federal Requirements? Mr. Hodgson -the Town... RESOLUTION TO INTENT RESOLUTION NO. 598.95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby indicates support for the bike plan that has been presented at this meeting, and the application for said bike plan to the Federal Government for use of the Icetea funds in supporting and developing that bike plan and be it further RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its intent to fund its twenty percent (20%) portion of the construction costs and development costs of the bike trail which it understands to be in the amount of One hundred and six thousand one hundred and sixty dollars ($106,160.00) with the understanding that the board will fund that amount from the recreation reserve account which will necessitate following appropriate procedures under the law in order to secure those funds. Duly adopted this 20th day of November, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mrs. Goedert PUBLIC HEARING MARJORIE JOHNSON/KELL Y SPRAGUE MOBILE HOME APPLICATION NOTICE SHOWN 7:45 P.M. Supervisor Champagne-We will go back now to the Public Hearing on the application of Marjorie Johnson's/Kelly Sprague mobile home application and I will open the public hearing for that purpose and we are ready to hear from anyone who is ready to talk. Mr. O'Connor What we are going to do is speak right from there we will try to pick it up on the mic there Mike. Attorney Mike O'Connor-Mr. Supervisor I am Mike O'Connor from Little and O'Connor I am here on behalf of the applicant. I thank the Board for obviously .. I unfortunately went to a six thirty ZBA meeting and with a five minute presentation I sped up the highway to get here. I apologize to the Board. The application, I think pretty much speaks for itself I do have some additional information, and information I would like to repeat for the record. We have a series of photos all of the mobile home in question that have been taken, and these have been taken after I understand the lot has been cleaned up. From even the existing condition prior to the application, there has been some activity on the property but it has been basically ..the lot, I would like to pass those on to the Board members if they would like to take a look at them. I presume that probably the board members have also been out there. I also have, for the application, if you remember this is a property that was granted a use variance to have a mobile home outside of a park some time ago, under the basis of hardship. The applicant at that time was Mrs. Johnson, proved to the Zoning Board of Appeals that she could not obtain a reasonable return on the property if she utilized it for the permitted zoning uses, which is a single family home. That is not necessarily the issue that you really have to delve into tonight because the variance runs with the land and I think the variance is a permit for the land and to the landowner. However, we did get and I have submitted I believe a copy of a letter by Irene Fitzgerald from Fitzgerald Realty of Glens Falls which indicates that, it would still be her position that the property would be entitled to the use variance on the basis of hardship. I also have a second letter, I do not think it was included in the packet from Raynor Knapp Realtors signed by Edith Griffin which states basically the same thing. To whom this may concern, I have inspected the subject property I believe this to have little or no value for single family residence due to the condition of the surrounding properties. In my opinion the subject property could only be used if marketing a lot to accommodate a mobile home. Anyone wishing to build a new home would want to be in an area of homes of equal or greater value. I submit that to the clerk for your record. We also have a letter from the Warren County Fire Prevention and Building Code Enforcement signed by Marvin Lemery Code Enforcement, Code Administrator. At your request I conducted an inspection at your mobile home located on Columbia Avenue, West Glens Falls, Town of Queensbury. I observed the following; The trailer has been rewired and is now all copper wiring with all grounded receptacles. The furnace is a Wayne furnace, typical for a mobile home of this size and appears to be in excellent condition. There are storm windows and screens in place and the overall interior and exterior condition of the home meet all the Code requirements of Part 1221 of the New York State Uniform Fire Prevention and Building Code. Call if you have any questions or need any assistance. There is also addressed to Daniel T. Sprague who is the father of one of the applicants. Basically. that was the information that we have submitted and we will stand on the application, we believe that this property is property that has a standing use variance on it we believe, we proposed will be a betterment an improvement and will yield a reasonable return to the owner. We purposely made the application in the name of Mrs. Johnson and Kelly Sprague so that there would be no question as to where we are going or what we are doing. ..we have a lot of discussions as to the reasons for replacing the mobile home I really do not think it is necessary to get into that we can if the Board wants us to, but basically what we are talking about is the placement of a mobile home outside of a mobile home park on a lot... Supervisor Champagne-Anyone else care to speak for or against? Yes, Sir. Attorney Jeffrey Friedland-I am with Miller Mannix and Pratt and we represent the Hermance family and some of the neighbors...this is an application under section 113-12 of the Code and there are two criteria that have to be met. One of these has to be met again,.. hardship and extenuating circumstances. So hardship clearly is one of the issues here, and I am not sure why as to what clearly one of the issues and the other one is extenuating circumstances. I am going to address both of those, we do not feel either one has been met. Hardship is not defined in this area of the Town Code, it is not in my ...code at all, it is defined however in the New York State Zoning law the Town Law as applies to use variances. I think by now we should have to look at that definition. ..also incorporated in the Town Zoning Law. There are several criteria for hardship set forth in the Town Law, one of them, the only one of them is a reasonable return. The Zoning Law says you have to demonstrate that, accompanied by financial evidence that generally means in a zoning context, concrete ..proofthat there is no visible return possible. ...financial statement, tax returns, appraisals, that type of thing, we have none of that here. We have no annual statements, no ... there is no proof, concrete dollars and cents proof of no reasonable return. Regarding the letter which says this area is not marketable...submitted on letter already which clearly states that this is a very valuable property and another letter from another realtor ...Steven Borgos of Maple Realty which says there is a substantial amount of interest in property in this general location. . ..clearly, the area is clearly marketable for single family residences, in fact one lot sold in 1992 for about thirty four thousand dollars ($34,000.00) and they sell other lots in the area for sale at thirty thousand dollars ($30,000.00)...from Maple Realty and we also submitted previously .. . realty which says the property is very marketable. Councilman Monahan-Question please, when you are sitting these prices are they for vacant property or is there building on the property or what when you are talking about the property that has been sold? Attorney Friedland- Vancant. Unknown-All vacant property. Councilman Monahan-Thank you. Attorney Friedland-It seems to us that the owner of this property has already had a reasonable return on the property she bought it nine years ago she bought that lot and the lot next door with a house on it for fifty thousand dollars she has had nine years of income from these two lots which kind of contrary to there not being a reasonable return she already had one over the past nine years. That is only one of the criteria that is clearly not met, there is still other criteria to make up hardship. In otherwords including the hardship, the hardship has to be unique to that property it does not apply to substantial portion of the neighborhood. ...from that point of departure was not met. The entire neighborhood is basically, generally the same. There is nothing unique at all about this particular lot. Another point of hardship, the hardship may not be self created. Clearly ...hardship exists here and we do not think that there is any, but even if there is any at all it was clearly self created. The past tenant with a mobile home, moved it there illegally she knew she needed a permit and she moved it without permission, without a permit any hardship at all she created herself. Likewise the owner of the lot when she bought the lot, she owns it, she knew it was not zoned for mobile homes, so again, any hardship at all ...created itself. The competent of hardship is that it must not alter the character of the neighborhood. I know you think that putting this mobile home, this twenty four, twenty five year old mobile home on this lot is clearly going to negatively impact the neighborhood. The map that we submitted, shows here there are a bunch of new homes the ones in blue are all new homes that were built since the mobile home was originally put here back eight or nine years ago, the prior mobile home. The ones in green are ... that have been cleaned up and remodeled, so the area is on the upswing and putting this old ..decrepid mobile home on the lot is definitely going to have a negatively, alter the character of the area. So, we do not think there is any hardship at all. The second..whether there is extenuating circumstances, and the applicants claim that they have done everything that they can do to comply with the Town Code. They tried to portray themselves as sort of the innocent injury party here. But unfortunately we do not think ...at all, she was expressly told ..not to put this mobile home on the lot, that occurred and she did it anyway, she moved it she put it there without a permit even though...After it was moved there even though she knew she needed a permit, she did some work at the mobile home... at the last Town Board meeting this Board told her not to do any more work..last week...you could go down almost every day and go to work. They have dug a hole, they have put in electrical wiring in there, they have built forms for foundations, they are clearly ..the law and this Board. She is represented Supervisor Champagne-Mr. Friedland, is that a fact or is that what you have been told. Unknown-It is a fact, the forms are in. Attorney Friedland-She has represented that they have had a landscaper presented a landscaping plan, we have submitted a sworn letter ...they represented a proposed tenant...as far as the landlord is concerned ...lease. She also represented that Mr. Hermance himself told her about the mobile home and...to that.Again the only extenuating circumstances that might be there are created by the applicant. We have some more letters that ...would like read into the record, either I can read it or ... letter from other neighbors opposing the permit. Supervisor Champagne-Darleen do you have those letters on file. Town Clerk Dougher-I have two of them. Supervisor Champagne-Do you have this one from? Town Clerk Dougher-Yang. Attorney Friedland-One is from Robert Gilman, from James Hermance, Jennie Griffin and Carol Yang. Supervisor Champagne-I do not think we have all of them. Town Clerk Dougher: First letter: To whom it may concern, we are unable to make tonights meeting. This is a letter stating we do not approve of the trailer David McQuain purchased and wants to keep it on the corner of Columbia nd Feld Ave. The trailer should be removed it is not an upgrade to improve our community. Thank you Mr. & Mrs. Robert Gilman 9 Nathan St. Queensbury, N.Y. 12804 To whom it may concern: We are unable to attend tonights meeting. We are against the application by Marjorie Johnson property owner 3 Columbia Avenue on corner Columbia and Feld Avenue and Kelly Spragues application mobile home owner to keep an older mobile home which was recently put on property to replace newer mobile home on 3 Columbia Ave. The older mobile home is definitely not an improvement. She had a mobile home on property I do not see where any improvements have been made to the property since she has owned the property the property itself still looks the same. Almira Hermance, James Hermance Third Letter I Jennie Griffin oppose the trailer moving into the lot on 3 Columbia Ave. It is definitely not an upgrade. I apologize for not being at the meeting tonight, but wish to have Edward Hermance represent me tonight. Jennie Griffin We are writing to express our strong objection for placing a 1974 Newport Empire two-bedroom mobile home on the property situated at the corner of Feld and Columbia (3 Columbia Avenue). The reason is very simple - It is illegal to place a mobile home outside a mobile home court. The placement of the 1974 trailer is not only law-breaking, but also detriment to the neighborhood thus depreciate the property values. Our neighborhood is "NOT" a hardship, people around here work hard and have all made improvement to our homes. We cannot attend the public hearing on November 20th at 7:00 P.M. since Xiao Li is teaching an evening session of class at ACC from 6: 10-8:00 P.M. We want to have Edward and Tammy Hermance to represent our petition in the meeting. Please consider our petition and do not grant permission for this trailer placement. Don't hesitate to call us at 793 -1702 if you have any questions concerning our petition. Thank you very much. Sincerely Xiao 1. Li Carol Yang Attorney Friedland-I believe I will just finish and ...andjust sort of summarize that ...the applicants are trying to replace ...an eight year mobile home with a twenty five year old mobile home at two thousand dollars the other one originally cost about twenty three, twenty four thousand dollars, the one that they put in now is illegally there and would not even allowed in mobile home courts in the Town of Queensbury is that bad shape. ...going to negatively effect the character of the neighborhood...the criteria in the ..so we would ask that the application be denied. ... Supervisor Champagne-Anyone else care to speak? Ms. Carol Bolen-My name is Carol Bolen and I live in the vicinity of that mobile home. I definitely am opposed to this. This is not trailer is not an upgrade there has been many misrepresentations here in the original permit and . .packets to give all of you ahead of time so there would be no questions of some of the things. Because things that were brought up the last meeting, you say we do not know and that person is not here to defend themselves or whatever. We gave you the opportunity to look at all this, Dave Hatin said..he told them not to move in the trailer and they moved it there anyway. They were told not to work on it, and they were there almost every day. It was not just the last week it has been all the time. There is no lease, Kelly Sprague ...a couple of weeks ago when Mr. Champagne asked her do you have a place to go and she did not where I am going to go. ...telephone number he said there was never a lease, there is no lease and there is no new person coming in which they said there was another person coming in...and she had to ask the landlord if she couldn't stay. The trailer is obviously very old even Mr. O'Connor said that they had to have it inspected and you would not normally have to have a trailer inspected if you had the emblem and the name plate that told you what you ...they do not even know. As David said before we do not even know it is a seventy four and according to the emblem that is how you go by the ...regulations of the Federal Government as far as whether it meets code and that is how you do it by the emblem and the face plate and it tells you what year it is and you look in the book or whatever ...it goes to code. She brought an emblem in Dave Hatin will tell you that he told her that he would not accept it. So, she had to get a structural engineer George Kurosaka to come and look at the trailer and to make sure it could carry a heavy load in winter. Obviously this thing is very old I mean look at all the things you had to do the ...talk about an upgrade or whatever obviously it is not they had to go through all this trouble to prove to you that it is fire safe. ...I guess that is it. Supervisor Champagne-Thank you. Attorney O'Connor-Just to go over what we had before. I would presume that the record will include everything that we presented up to this date in all of the meetings. I have some extra copies that Fitzgerald Realty which I will submit and duly stamp it that is there and that is another ..these are the people that...I agree with council that the section in which we are going is hardship or extenuating circumstances. I think it is a legal argument whether or not my scenario fits those two criteria and his argument is that they do not fit those criteria. We ..we have attached it to the application there is nothing that we know of that would change our application. As to the hardship ...is part of the application totally extenuating circumstances of Kelly Sprague and I do not really want to dwell on that factual misrepresentation or non-...I know last meeting we were told that the electric was hooked up and you were told this and that and I am also told the next day the building inspectors went out and found out that the electrical was not hooked up. The electrical is still not hooked up. ...everything that has been done on the property has been passed before the building people and the building people have said you can do it at your risk. And we have done it at our risk. We are not claiming ...because of what we have done or not done. A lot of what has been done since the last couple of meetings have already been...in the application. This is the property has generally been cleaned up. As I understand it very recently some framing was put down it appears that is going to be required. That is all, no concrete poured or anything of that nature. The electrical still is not hooked up. I do not think the water is hooked up. To answer the question the landlord, before the landlord had a tenant that was going to come it, someone by the name of ....and that is why we were given that date, because we had to get out. When this thing got prolonged the ...found someplace else, ...so that is why the landlord was not as demanding of this particular ... When we get into extenuating circumstances, I think you go through the page or page and a half of ...that is factually what happened. Those are circumstances that you should not put somebody in or you should help somebody if they find themselves in them I think. They have tried to dot the i's and cross the t's they have upgraded this trailer it may be an older trailer, older mobile home but they have upgraded it to the point where it is rejuvenated it if you will. It looks from what I can see from the pictures that have been presented as presentable as the other residences that are in that particular neighborhood, it is not a boundary. That is something that you folks are...1 have not seen the packet that they has submitted so I cannot really comment on it. I do not know what is in it...I don't know ifMr. Martin's office or Mr. Hatin has any problem with the trailer we are proposing. My understanding was that had gone through inspections to make sure ... we did what was required I do not think per sa you want .. .inspection, just kind of give the board information that this tailor is not a problem that this trailer meets all the code requirements. That this trailer has been upgraded in ...fashion and it is habitable. I think that Dave Hatin has gone to look a the property, twice before it was moved to the site. Executive Director Martin- I believe... was necessary in order to have the trailer be habitable in terms of the work that has been done there to date, we have made several visits to the site as the last one this afternoon to make sure that the ...was in compliant with the order of the Board and the order of the Board as I recall no hookup of utilities and that has not occurred. The electrical is not hooked up the water or the sewer is not hooked up. There has been some work done to be sure a trench is dug and that type of thing for electrical wiring and that but as with any lot in Queensbury we cannot regulate somebody doing that type of work on their property. Councilman Goedert -Don't you think that is a little bit of a play on words tell them not to hook up electricity and not to do this and not to do that but we will put up the foundations and we will do the trenches to put the electricity in? Was I misunderstood that there was not to be anything done with this trailer that because the board should have ruled that the trailer should have been removed from the property. Executive Director Martin-My recollection of the instructions were not hookup of utilities. Supervisor Champagne-It is my understanding that we, I mean the property owner can dig a trench or remove dirt as long as they do not come up out of the ground with something is that correct. Executive Director Martin-Right, there has been no footings poured no construction of any kind that would be subject to building inspection. We do not regulate people ...work like that on the property...(tape turned) Councilman Goedert-So, in otherwords if we had told them to remove the trailer last time which the Town Board had the right to do that they could still have gone and dug the trenches and all of that to move it back on. Ok. Attorney O'Connor-The big trench, ...1 have not been out there, that big trench goes from the, it goes to a pole from a power pole, is that correct? ...from the meter to the pole not to the trailer, my understanding is...to have them get the trailer so they could live in it part time ... Councilman Turner-Did they set a pole for the power for the service from Niagara Mohawk, did Niagara Mohawk set a pole for you? Ms. Sprague-not to us... Councilman Turner-They put the pole up though. Ms. Sprague-yes. Councilman Turner-They put the pole in because I was there and looked at it before the pole got in. Ok. Attorney O'Connor-I think basically you still are looking at under that section...Oll the question of hardship I agree with Council... hardship in this particular issue, that there was proof of hardship and I know of no change in the hardship issue since it was presented to the ZBA. If a lessor requirement of hardship was intended under the mobile home ordinance we could get into the facts that Mrs. Johnson is retired, Mrs. Johnson ...a stream of income in her retirement. Sometimes you get into that on an individual basis, but I think there is enough fact here as to what was truly, ZBA granted the area for a use variance and continuing letters that we have the question of ...is a mute question. Extenuating circumstances I would ask you to read the two pages of letter that we gave you as to what Kelly Sprague has and has not done. Those are the extenuating circumstances that we have. Supervisor Champagne-Anyone else care to speak? Yes. Mrs. Bolen-I just wanted to ask the Board members is anyone at the...did anyone speak to Dave Hatin, did he tell you that he told them not to move the trailer on the property? Did you call the landlord, she never had a lease, I will ask Kelly did you have a lease?...did you ever, she told everyone she had a lease. ...Another person...is not true, we gave you all these numbers to so that you could check it out ahead of time... Supervisor Champagne-Wait a minute, come to order, please, I think you are making acquisitions here that if the Board had intended to do that we would have done that and I do appreciate you bring it to us because I personally have made some investigations, obviously not everything that you are asking for but thank you very much. Mrs. Bolen-I appreciate you listening because Mike O'Connor did say also that they intend to dot all the i's and cross all the t's and we still do not believe that, you give me proof. Supervisor Champagne-We have what was presented and I think it is a fair assumption that some of us took it into consideration. Councilman Pulver-I have a, I am going to change the focus here, several meetings ago there was a landscape plan presented there was a plan presented to enclose this, where they are going to skirt it and porches and siding and if we are committed to have this trailer are they still intending to do all those things? Attorney O'Connor-Yes. The time table might change a little bit but we still agree to do all those conditions.. . Councilman Pulver-The other question I have is with the zoning, when she was permitted, Ted you could probably answer this I know we give a change of zone to a piece of property based on hardship we do not put condition with it, that says when you meet your return we revoke your zoning. Councilman Turner-No. There was no conditions related to the placement of the trailer. Councilman Pulver-So that fact that she may have already realized a return on her property has no bearing or anything to do with this. Councilman Turner-As a fact of the matter I would agree with Mr. O'Connor that the variance goes with the land, she has a right to put a trailer on that lot. That variance stands. Attorney O'Connor-We do not have a copy of the conditions.. Councilman Pulver-I do not either. Attorney O'Connor-I gave the board a copy ...in your file... Councilman Pulver-I was kind of going from memory. Meet all codes the landscaping, the siding and the enclosing the... Attorney O'Connor-Three new porches, all new vinyl skirting, new electrical entrance, new stone driveway, bring in fill and level off east side of yard, remove old debris from storm damage, new landscaping. Supervisor Champagne-Well, I guess I heard the word used here not allowed, and illegal can you respond to that is this are we as a board looking at an illegal act here if we approve this? Attorney Dusek -Well, there is no question that there was a variance issued, we have a copy of a piece of paper from the Zoning Board, apparently from the Zoning Board that indicates that a variance was issued which allowed a mobile home on the property. It is my opinion with that variance in hand Mrs. Johnson is entitled to have a mobile home on that lot, it may not be this particular mobile home, that would be up to the board, but she clearly, a mobile home can go on that lot. So, to the extent, if your question is it in violation of our zoning ordinance if we allow it, absolutely not, she has got a variance that says she has a right to do that and in fact I would say I will give you a drastic example, if Mrs. Johnson went out tomorrow and bought a brand new mobile home and brought it to that lot this Town could not stop her from doing that. She has a right to do that, she has a variance that was given to her by the Town that runs with the land and never expires. Now, in the case of the Town part of the law that you are looking at right now, this is a special basically a double check on the ordinance if you will. There is one area of the zoning ordinance that has to be complied with but then there is a second list of criteria that when any mobile home is brought in the applicant has to prove, in this case the applicant is Mrs. Sprague in addition to Mrs. Johnson, it happens to be her mobile home. She has to prove to you that she meets the criteria in this particular part of the ordinance, or this ordinance which is hardship. If you, I want to break up that distinction because I might have raised a few eyebrows that first comment I made about Mrs. Johnson and her mobile home that is because it is Mrs. Johnson and I would say you would be very hard pressed to deny it. She comes by this application by the way and as long as she had all the set back criteria and met everything she has already proved hardship before the Board you cannot deny the hardship here she has got it. The question you have to ask yourself I think is, is the application the of the current owner of this next mobile home, Mrs. Sprague, does she meet the criteria set forth in here, this is what I think the Board has to make a judgement call based on all the facts that are before you, concerning the application, concerning information that has come in from both sides and ask yourselves whether she met the hardship criteria. I think that when you look at the hardship issues it has already been mentioned. You look at reasonable return, you look at neighborhood, you look at the properties circumstances, you look at whether it was self created. These are the, I agree with Jeff who pointed out that he could not find any definition of hardship I cannot find it either. I would say look at the same type of criteria here that's the only logical assumption you could make they are all basically a zoning type of regulation. Does that help at all? Supervisor Champagne-Yes. Mrs. Johnson, did you own the previous mobile home or was that a rental also? Mrs. Johnson-No, that was a rental. Councilman Monahan-Now, was there a permit after the variance was granted, was there a permit issued for the original mobile home that was placed there? And if the permit was not issued for the original mobile, now in some variances at some time during our history you had to act on that variance within eighteen months or that variance was not there. Now, if a mobile home was placed there with no permit was that a case of that variance not being acted on so the variance is no longer good? Attorney Dusek-I do not think so. I would think that at best it would be a violation of another ordinance that they did not have that approval, that would be the criteria you would go after based on that approval. But, I do not believe that you have a case, Betty, as long as the mobile home was there within eighteen months. Now, if there was no mobile home or nothing there for eighteen months then ... Councilman Turner-Then it reverts back. Councilman Monahan-But I am saying if it was there without a permit which is part of something you did not do then are you there legally and if you are there illegally then did you fulfill the requirements of that variance? Executive Director Martin-I recollect seeing the permit issued. Councilman Pulver-I would be bold enough, to say that I cannot find any reason to keep Kelly Sprague from having this mobile home on this but I would want to only approve it with certain conditions and those conditions being that the landscaping the siding the three porches the stone driveway and etc., etc. I do not have a complete list here being that within a reasonable period of time that we could decide on tonight what that reasonable period of time would be if we got three votes here to pass it so we could move on with it. Councilman Monahan-Well, Carol I am looking at it from a different angle to be honest with you because whenever we permitted a mobile home to replace a mobile home on a lot and even with the same ownership it has always been with the condition that this is an upgrade and in, my sticking point to me frankly, is this an upgrade, and I cannot feel that it is an upgrade and that's you know, there is where I feel the neighbors have a good point, were that an upgrade and there is where I feel the neighbors have a good point. Were that an upgrade where that would the siding like some of them are today that looks like a house where on a proper foundation so it looks like a modular fits in more with the neighborhood I might agree, but I just, I am stuck on the fact that if it can legally go there then you know, it has to be an upgrade in my mind or it should not be going there. Councilman Pulver-I cannot judge myself what an upgrade would be because I can see 1990 car two of them alike one can be perfect and one can be an absolute wreck. Councilman Monahan-I am just going by a 1972 and yea but a 1972 vs. a 1974 vs. 1987 you know when you are putting something that is thirteen years older on there I have a problem. Councilman Pulver-Betty, if you make the provision that they must put it, they are going to enclose the bottom so it looks like it is on a foundation, put three porches on it, reside it, put a stone driveway, it is going to look like a pretty permanent structure. Unknown-I am a resident of Queensbury ok, and I just want Supervisor Champagne-Give us you name please for the record if you would. Ms. Kim Wood-My name is Kim Wood and I live in Queensbury and on behalf of other residents of Queensbury here we just want to keep Queensbury moving forward. And, like Carol Pulver stated here in her campaign ad in the Post Star to keep Queensbury moving forward. This trailer in this location is going totally against what this campaign ad is suggesting which is to keep Queensbury moving forward. Councilman Pulver-But you can only, our powers are limited to what, you have just heard the Attorney, to what the law says. We cannot discriminate against her. Is that what you want people to do to discriminate against other people, citizens within the Town? Ms. Lloyd-No...to move forward with the rest of the community. Councilman Pulver-But it is discriminating. Next you would want me to tell someone else how they should live....That is why I am trying to follow the law and not go by what my opinion is. Mr. Tom Bolen-My name is Tom Bolen-this issue is ...back in 1986 I think the fundamental approach, the argument was wrong, was more than wrong. Where else in the Town of Queensbury are you go and say that the neighborhood is and of, based in and of itself a hardship. It was not true then and unfortunately people did not speak up, but that does not make it right. Now, here I guess...two wrongs do not make a right. It was not correct then and it is not correct now, the people who live in the neighborhood and work there and pay their taxes work hard for what they have and what is going on here is wrong I think it is insult to the people who live there and it is an insult to the Board frankly. You can't no matter how you look at it, you cannot tell somebody who puts their heart and sole into their property and into their house who does a good job and pays their taxes...two thousand dollar trailer, I don't care you can dress it up and make it look like a pot of gold...wants to sell their house and this is what people, this is their biggest investment of their life, people come in and want to try and sell their house eventually and what is next to them a two thousand dollar trailer. You cannot even buy a snow plow for two thousand dollars, it is wrong. I think that the least consideration should be, this, my feeling is the hardship issue does not fly it didn't fly back in eighty six it doesn't fly now because the obvious turn around investment. You have a absentee landlord, you have a person who wants to move into the neighborhood who doesn't even live in Queensbury. What you are ending up, what was proposed here you are ending up here, if this were allowed, this two thousand dollar trailer plunked down in the middle of the neighborhood and my feeling is the worst case scenario the people in the neighborhood deserve a little more respect for their efforts in what they are doing to improve their homes than to have a two thousand dollar trailer ... Councilman Pulver-Is it that you don't like the idea it is a two thousand dollar trailer or you don't like the idea it is a trailer period. Mr. Bolen-I have a problem with both. There is only two or three trailers in the whole neighborhood and they have been there for over twenty years. You people have to ask yourselves, how do I feel, it has nothing to do with the trailer you put anything, two thousand dollar house it just doesn't fly. You know two thousand dollars compared to all the other properties in the neighborhood I mean they are all homes, people are, you saw the map, people are improving on their houses there is more than a half a dozen or dozen new homes one block away and property values, one, two, three lots away a lot just sold for thirty thousand dollars. Right a cross the street there is a Mr. Borgos has five or six lots for thirty thousand dollars each. ...now I think ...make the right decision to allow the trailer in the first place at all is wrong that is the bottom line. Regardless the wrong decision was made in 1986 and allow it to go again when ...the landowner has to show the hardship, you will find there is a hardship there. I mean if she, if she does not feel that she could get a good financial return on her investment there are ... to buy that property for two or three times what she paid for it. You ....1 think that ...serious consideration given to the people that live and work ...and not have a trailer plunked down right in the middle and have...property values. There is no disguise... Supervisor Champagne-Thank you there is a hand up over here. Mr. John Hunt-My name is John Hunt, I own the property at 14 Holden Avenue. I bought that back in 1989 I have spent about seventeen thousand dollars improving the property. Mrs. Johnson got a variance before me it was ...owners in that area and I do not believe it should be zoned for trailers. Thank you. Supervisor Champagne-Thank you. Go ahead. Attorney Friedland-A couple of issues, this person...no discrimination here at all, and ...follow the law and as Paul said the law is that the ....to town code because ...nobody is discriminating we would like to ...follow the Town Code and the law and that means they have to show either hardship or extenuating circumstances. There is no discrimination against trailer per sa. Something that ...said the upgrading of the trailer...the old trailer ..eight years old and ..vinyl siding the original price was twenty four thousand dollars, ...illegally there now because it is there without a permit. I have a variance that doesn't have ...moved there without a permit is twenty five years old it has a flat roof and painted metal siding and cost about two thousand dollars, it is clearly not an upgrade at all because clearly it is a negative impact to the neighborhood. I think...has acknowledged Mr. Martin has acknowledged that ... at the last Town Board meeting ...and you said...maybe your exact language was don't hook up the utilities but they came, they skirted that, they ...they put in new water,...they have done everything but plug in the trailer in my mind they clearly tried to make this sort of a ... spat, ...1 do not think that accomplish or condone that ...As far as extenuating circumstances I would like to emphasis again, that nobody should be put into this situation. ......again we ask that the permit be denied and the trailer be removed. Supervisor Champagne-Thank you. Attorney O'Connor-Mr. Friedland the factual things are just not there nobody is hooked up to the water, nobody is hooked up to the electric, I am not going to dwell, Mrs. Monahan you asked whether or not permits were issued back in 1986 there was a building permit issued to Marjorie Johnson at that time by the Town. Councilman Monahan-Did that go through the Town Board to get a permit like you have to the process you are going through right now? Attorney O'Connor-I cannot tell you whether it did or didn't I can tell you that the applicant followed through the variance and very shortly after the variance was granted and probably got a certificate of occupancy from the Town based upon the building permit that was issued. You can take a look at the various applications that they made I do not know who was then doing what but there are two or three applications beyond the variance application..1 do not know. We, the matter that was submitted by those that are opposing it my comments...they are talking about lots that are for sale for thirty thousand dollars and trying to compare them to this lot. Those lots are all on Western Avenue and I probably would submit to you that this whole area is ...you are going to see more applications, I think you have seen a couple of applications through variances for commercial uses all along that area ...this area is probably going to go more that way than it is going to go to single family residential, however some of the people that have stood up are ..offering their property for those purposes. I know that Curtis is trying to expand...from time to time, Daggetts have got a variance, out behind their property. I have gotten a couple people that have approached me on behalf of clients that they know I represent to try to sell us some property on Western Avenue and it would require variances, the lots are small we simply said to them lets go back get a group together and we would look at it. That may be a potential use. .for that piece of property. But these prices all in here really are not comparable to what we are talking about. I do not know what was on this lot if somebody raised, they aren't, you don't, I think you have been around all parts of the Town you are not going to see single family home go in there when they can buy a lot on Sherman Pines and buy a lot in Hudson Pointe where they can have that type houses. It is unrealistic to sit here and think that is going to happen. I think what you are going to eventually see is probably that whole area go commercial. That is all...to add. Supervisor Champagne-OK. I am going, we are going to take one more and then close it. Attorney Friedland-...the lots that are for sale they are ....there are three of them ...one was sold for thirty thousand dollars is on ...which is two blocks away. Supervisor Champagne-We are going to have to close the public hearing I am sorry we will take one more... Ms. Tammy Hermance-My name is Tammy Hermance and I would just like to say that my husbands family has lived in this neighborhood for over sixty years and we have several aunts and uncles all around the neighborhood with and they are still all in there and we all have done a lot of improvements we all want to keep this neighborhood improving whether or not the lot is being sold commercial or residential we don't know there has not been anybody buying this property yet. No matter what the cases they are adjoining Western Avenue and Holden Avenue right across ...has his property, where the property is sold. Her property, her house is right on Holden Avenue the property for sale is right across the street she is looking right out ...that property. There are five lots they are one hundred and forty five thousand for the whole lot or thirty thousand dollars for each single lot there are five lots. I would also like to just say that there are twenty eight people.. who oppose this and that she got the approval in 1986 based upon there being a hardship now she wants to place this 1974 two thousand dollar trailer in the middle of our neighborhood based on that same fact that the neighborhood itself is a hardship which is wrong the neighborhood is not a hardship and I do not think any neighborhood is a hardship if people are trying to improve it. Also, we are just young people trying to make our house look good trying to make a living and trying to pay our taxes and Mrs. Marjorie Johnson does not even live in this neighborhood, she is making off it. Weare not making we are just trying to live right, so please take into consideration everybody here that is with us please stand up and just let the Town of Queensbury know that we are all here to .. .lets just stand please. ... people in our neighbor and none of uS...here. Thank you. Supervisor Champagne-I guess I need one more. Unknown-Does the price of the trailer matter? Supervisor Champagne-To me? Unknown-To anyone. Supervisor Champagne-It doesn't matter to me. Unknown-Also,... Supervisor Champagne-It does not matter to me. Ok. Where do we want to go with this, I have closed the public hearing I guess we should do that first. Closed 8:35 P.M. Councilman Pulver-The only thing I want to say Tammy is that it bothers me for you to think that we are saying your neighborhood is a hardship that has nothing to do with this application. Ms. Tammy Hermance-Marjorie Johnson is saying it is a hardship. Nobody said..it was a hardship. Councilman Pulver-Well, I don't, if she said it she has not said it in the Town Office Building. Ms. Tammy Hermance-What does the application say? Its a hardship. Councilman Pulver-But she went for a zoning saying though that she could not get a full return on her lot because of hardship, but she did not claim the neighborhood was a hardship. She never claimed the neighborhood was a hardship. Supervisor Champagne-We have a lot that was granted a variance back in 1986, Carol did I heard a resolution coming from you relative to this? Councilman Pulver-Well, I understand exactly where they are coming from and I know she is allowed to have a trailer, she could put a trailer on there tomorrow, maybe not this one but another one she is allowed to do it. I do not think that I have the power to say that we cannot allow this person to have a trailer on there. What we can do is require that she comply with a few stipulations and that is to, provide three new porches, all new vinyl skirting, new electrical entrance, new stone driveway, bring in fill and level off east side of yard, removal all, I guess they have removed most of the debris from the storm damage and provide new landscaping according to the landscaping permit that was submitted to the Town Board. If these things are done and done in a reasonable period of time which I think we should determine if that is thirty days or sixty days what we are going to do this in I would put forth a resolution. Councilman Monahan-Carol may I suggest that these are revocable permits that you make all those a condition of the permit. Councilman Pulver-That is what I am doing, Betty, this would be the condition and they would have to meet these conditions within a specific period of time. I will submit that as a motion. RESOLUTION REGARDING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR APPLICATION OF MS. MARJORIE JOHNSON AND MS. KELLY SPRAGUE RESOLUTION NO.: 599.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home parks pursuant to ~ 113 -12 of the Code of the Town of Queensbury, and WHEREAS, Ms. Marjorie Johnson and Ms. Kelly Sprague have filed an application in accordance with ~113-12B(3) of the Code of the Town of Queensbury, requesting a revocable license for the placement of a mobile home outside a mobile home park and on certain property situated at 3 Columbia Avenue, Queensbury , New York, said property bearing tax map no.: 117 -7 -11, and WHEREAS, in accordance with the provisions of ~113-12 of the Code of the Town of Queensbury, the Town Board of the Town of Queensbury held two public hearings with regard to the aforesaid license, NOW, THEREFORE, BE IT RESOLVED, that the following conditions have been set by the Queensbury Town Board: BY JANUARY 1ST. 1996 1. Three new porches 2. All new vinyl skirting 3. New Electric Entrance 4. Remove all old debris form storm damage BY APRIL 1ST. 1996 1. Vinyl Siding BY JUNE 1ST. 1996 1. New Stone Driveway 2. Bring in fill and level off east side of yard 3. New Landscaping per plan submitted and that we would have the Building and Codes Department make the inspections and sign off on this in the end that it was done right and be it further RESOLVED, that a dye test be run on the septic system and be it further RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance ofa revocable license in accordance with the terms and provisions of ~113-12B(3) of the Code of the Town of Queensbury. Duly adopted this 20th day of November, 1995, by the following vote: AYES Mr. Turner, Mrs. Pulver, Mr. Champagne NOES Mr. Monahan, Mrs. Goedert ABSENT: None Discussion held before vote: Mr. Belden-questioned that the decision had already been made...Attorney Dusek-Noted that a resolution was made before the meeting and was worded as such so that it could go either way...Councilman Pulver-For the record I never make up my mind until the end. vote taken Councilman Monahan-I voted no because my reason is I cannot in all good conscience approve the replacement of a 1987 mobile home with a 1974 mobile home. RECESS OPEN FORUM 9:00 p.m. Pliney Tucker-Division Road-Questioned where the mobile home on resolution 2.3 was going? Councilman Turner-Pasco Avenue Pliney Tucker-Res. 2.9 Increase water rates for West Glens Falls what does that include, does that include the buy in? Questioned if there was a contract with W.o. Falls Water Dist and will it be combined with Queensbury? Supervisor Champagne-The increase is for operation and maintenance. Noted there is no contract...We will check into the buy in... Mr. John Salvadore-Questioned if the people of the West Glens Falls Water Dist. know what this is going to cost? Supervisor Champagne-Spoke to Mr. Salvadore regarding boil water order from DOH, and the history of the W.G.F. Dist....noting the residents are aware of the cost increases... Councilman Pulver-Noted that information meetings have been held... Mr. Salvadore-RE: Bike Trail-noted if the object of the bile trail is to move people from one side of the Town to the other efficiently, and safely the answer is a bus...ask that the Town understand its obligations if they accept the Federal Funds. RE: Dog Enumeration questioned if the report would be issued before the end of the year. Town Clerk-Noted that the final sales report for dog licenses would be done in Janaury... Mr. Salvadore-Questioned what it means for the town when on the first of the year the County is out of the solid waste program? Supervisor Champagne-Most towns other than Queensbury had Mr. Austins Dept. haul their trash, we have not done that here we have bid our own hauler, therefore that will not have any impact on us. Mr. Salvadore-Is the County recycling law are still in effect? Supervisor Champagne-Yes. Mr. Salvadore-RE: Waterfront zoning- Executive Director Martin-It will be before the Board in a workshop in Janaury. Mr. Salvadore-Noted the windows up here they look terrible.. Supervisor Champagne-We plan on having that fixed soon. Mrs. Dorothy Burnham-Boulderwood Dr. In response to our letter regarding Keith Harris property on Pickle Hill Road, thanked Mr. Martin for his prompt reply. We have a difference of an opinion on some of the issues, I think some of those can be resolved...expressed her appreciation...hope that we can reach some kind of agreement and get this resolved. Executive Director Martin-I have talked to Debbie Davidson, late last week, she had two issues I failed to address in my letter we will clarify those as well...she may want to appeal my determination...1 will make every effort to get that letter out. Mr. Paul Naylor-Highway Supt. - asked if the board got his letter on the bike trail, great idea... Councilman Pulver-The gates to the Northway on Big Bay and Big Boom, they are open... Supervisor Champagne-Noted he believed DOT controlled that... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 600.95 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 moves into Executive Session to discuss personnel matters, matters related to Attorney Client privilege, a matter concerning price of property values that the Town is seeking to acquire, one issue regarding a collective bargaining. Duly adopted this 20th day of November, 1995 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None No action taken...Meeting adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury