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1997-03-03 TOWN BOARD MEETING MARCH 3, 1997 7:00 p.m. MTG.#1O RES. 88-108 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GOEDERT AWARDS CEREMONY FOR TOWN EMPLOYEES Supervisor Champagne-Without a doubt one of the greatest pleasures in the job is to speak here before you and to make the various awards to those town employees who certainly have given their time and effort to the Town over the past several years. One of which has actually accumulated thirty years of service to the Town of Queensbury. It is a honor certainly for the Board and myself to recognize these folks here tonight. We are extremely pervilidged to have the committed and dedicated employees and resourceful group that we have serving this Town. An outstanding team of Department Heads who together accept full responsibility and accountability for this town service, to its residents and to the high performing group of people who have the responsibility for maintaining our roads, our buildings, our recreational activities, our water our wastewater, health and safety, future development of zoning, planning, revenues, vital statistics, history our financial well being certainly, legal affairs, justice department, senior citizens, solid waste our cemetery and I could go on and on. I hope that I have not left anyone out. We certainly salute you. To often we fail to recognize the quality of the service that these people deliver to our residents on a day to day basis. You are the individuals here tonight receiving these awards to keep the wheel of progress turning in Town government. You have the expertise the creativity to continue to make Queensbury a World Class Town. As I listen to our people in the Clerk's Office, our Community Development Office our Town Assessor's Office it is evident to me I am very convinced that Queensbury is on the cutting edge of the work place in Town government. All you have to do is to go to Association of Towns meetings in New York City to get a feel for where it is at and the Town of Queensbury is certainly as compared to where it is at in other towns through out the state. Queensbury is a model for other Towns in the data processing and computer networking. It takes a highly qualified workforce to manage this. One of the most vital signs of total quality service to our residents is building trust and confidence back into government. Through your efforts we are making this happen. In the terms of our most valuable assets being that in town government of our human resources, we applaud you. Just as in any business venture you are special people very special to this town we are proud of you and all that you do for making Queensbury a great place to live and work. Thank you, with that I would like to call on Tom Flaherty please who will make the first presentation. Thomas K. Flaherty-Water Supt.-I am specially honored and proud to make this presentation tonight. This first presentation is being made to Claude White, Claude came to work for us part time out of high school, started out painting fire hydrants, went to work for us permanently and shortly after went to Viet Nam. Upon his return from Viet Nam he came back to work for us and he has been working for us for the last thirty years. It is kind of scary to think that you and I are the long time employees of this town I do not know if this is good for the Town or good for us. It is especially I guess it is our honor to that we look at our employees and we look at the people in the trenches we seem to rack up years and years of service and some in front office changes every two years I do not know if that tells us anything or not, but I would rather be here than in your shoes Fred. Claude thank you very much. Board congratulated Claude White. Supervisor Champagne-I have to tell you I had Claude as a student in High School back in my earlier years so that will tell you something after meeting him here tonight at thirty years later, again, Claude congratulations you are a tremendous asset to the Town. With that we would like to move right on to the twenty five year club and Darleen Dougher if you would come forward please. Again I want to congratulate you Darleen for twenty five long hard years I really do not know how you do it, tremendous...Thanked by the Town Board. Now to our twenty year members, David Cutter, Charles Garb, Keith Shearer, congratulations, job well done. We have plaques for our fifteen year members, Judge Bacas, Betty Dybas...Ten year certificates, Bruce Baird, Tammy Roberts, Gary Grant, Sue Davidson,(Executive Director Martin-remarked that Ms. Davidson was the charter member of the Planning Office, first secretary) Dick Flewelling, Carol Finamore, Michael Shaw. Five year recipients are Bob Manney Jr., Tom Mitchell, Gary Springer, and our Historian of Five years Marilyn VanDyke. Again thank you very much for your efforts and certainly the quality of service that you provide our people. PUBLIC HEARINGS HARRON COMMUNICATIONS CORP. CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT NOTICE SHOWN Supervisor Champagne- Our first public hearing which I will open is on the Harron Communications Corp. Cable Television Franchise, John would you care to come up and give your name and your residences and identify for the record give us some idea what this new ten year agreement between Harron and the Town of Queensbury looks like. Mr. John Mucha-Thank you Fred, I would be glad to do that. My name is John Mucha, I live at 18 Mohawk Trail in Queensbury and I am the General Manager for Harron Communications in the area. I think in terms of the proposal we have presented to the Town its a pretty much standard legal renewal agreement that the State of New York has seen many times and approved in terms of the basic format in the past. I guess I would say there are three sort of main highlights that I would just mention that I think are probably the most significant. First is Harrons, in the agreement Harron proposes to up grade our cable tv service in the Town to seventy seven channel capacity by the end of 1998 and we will be using fiber optic technology which a lot of us read and hear about, kind of the state of the art of video technology and that will do more than just increase the number of channels it will also hopefully add to reliability and improved picture and sound quality. So those, I think are significant improvements that we are promising to make. Second in terms of the franchise fee, the Town currently receives five percent in terms of franchise fees that is the maximum that the Federal Government allows us to pay however in the proposal we are saying that we will extend the base on which the five percent is paid to include all our cable tv revenues, which would include things like advertising that we sell or paid per-view events that maybe bought, that will also be subject to franchise fees. So, that, hopefully will increase revenues to the Town going forward. The last thing that I think is of significance is the agreement is for a ten year term. The last agreement is also ten years it is pretty much a standard length for us at least and one of the reasons that we need ten years is in order to finance the up grade and the rebuild in the area we have to borrow money from the banks and the banks require a ten year franchise renewals to loan the money. From my point of view at least, those are what I would say are the high points of the renewal proposal. Supervisor Champagne-Ok, thank you, John, now is there anyone else from the audience that would care to speak for or against the service that is being provided? Anyone from the Board care to comment? Councilman Monahan- I just have a question to show how ignorant I am, when you say this is by fiber optics is that still a line on a pole or no? Mr. Mucha-Yes, it is a line but the difference being with traditional cable technology it would be a coaxle cable and it would be an electric signal basically that goes through the cable with fiber optics it is actually light that is sent using a lazar and it allows a tremendous amount of information to pass without hardly any loss of signal. So, it is the state of the art today. Councilman Monahan-But it is still subject to storms and all that kind of stuff. Mr. Mucha-Well, let me say it is much tougher the fiber, the fiber glass cable is much tougher than the coaxle the copper base cable but of course if a two ton truck hits it, it can break. Councilman Monahan-Thank you. Supervisor Champagne-Anyone else on this the Board or otherwise? Councilman Pulver-I would just like to say that I think Harron did a great job on coming up with this agreement and made it really very painless for the Town and I appreciate that. Supervisor Champagne-I will just add one other concern that certainly that I have experienced, very, very rarely and I think I can count on one hand the number of complaints that have come in from the Town residences over issues with Harron Cable and everyone of those has been brought to resolution by either mediation or whatever. I mean certainly you cannot be one hundred percent perfect but I think that we can say to Harron has done an outstanding job in delivering this service. I might also add that we have had a committee actually chaired by Cullen O'Brien working for well over a year and a half recognizing that we knew that we were coming to the end of this previous lease and Cullen along with three I believe other individuals have really done a through job in analyzing the previous contract the lease that we had and certainly one that brought this forward. There has been a lot of involvement and I am very pleased with the results and I want to say thank you John all that you have done to make this happen, also. Any other comments... Town Counsel-All you have on this tonight is the public hearing and there will be a resolution for March 17th. Supervisor Champagne-So, we will close that public hearing. PUBLIC HEARING-SPECIAL SALES EVENTS NOTICE SHOWN Supervisor Champagne-Opened Public Hearing-Is there anyone here to speak for or against Special Sales Events. Yes Jim why don't you just try and give us an overview of where we are with that now. Executive Director Martin-I will try and hit on some high points here. I think the motivation for this law came out of our Transient Merchant Law we recognized at the time that we did that, some fine tuning or something of that nature would be required and I think that is in that regard. Special Sales events, I will read the definition of that; A temporary short term use of land or structures for the purpose of off site sales conducted by an established business lawfully in existence in operation within the Town of Queensbury, provided that the items being offered for sale are those items already primarily offered for sale by that business at its principal location. This was meant, we had some occasions in the last year where in town business, most notably car dealers had a special event sale like at a mall parking lot or something like that and it really did not fit, so this is something that's trying to address that situation. Some of the other high points, this would be a temporary permit would carry a fee of one hundred and fifty dollars and would be required to be issued within fourteen days from the receipt of a complete application. The issuance of that would come from the Department of Community Development. It is basically an administrative process in terms of the application review, meaning it would be done by staff and issued from the Community Development Office. The law lays out some general requirements and what constitutes an application and fee and that is basically it. I did have some comment I think from Ted, was thinking that it might be a reasonable idea to link the length of the permit with out temporary sign permit that seems to make sense to me. If you recall our temporary sign permit runs for a period of twelve days this does allow for one sign with it so it would make sense that those two would run concurrently. Councilman Monahan-Are you saying then Jim, on page four item ten would the ten become? Director Martin-Twelve days. Councilman Monahan-But, in no way could they have more than thirty days per year, one applicant, right? Director Martin-Right Supervisor Champagne-Wait a minute, you want to Councilman Goedert-What can you say, twelve days in duration and then go for thirty days? Director Martin-Maybe it is thirty six days then. Councilman Monahan-I think that is too much, we are talking about a temporary day, thirty six days to me is far too long, I mean that's you know it is more than one twelfth of the year. Councilman Goedert-Well, if you are going to go with the twelve or the ..saying thirty six days is too many then why change the ten at all? Councilman Monahan-It does not make any difference to me whether we do or not to be honest with you. But, I do not feel that one applicant should be here on this kind of a thing for more than thirty days a year. Supervisor Champagne-Well my argument I guess would be six more days more or less would not make that big a deal and secondly if we are going to try and be consistent with days and permits just for the user if you will or the applicant it seems to me as if we need to hold to whatever that number of days. Councilman Goedert-Yea, I would agree with Ted. The twelve days I think that was an excellent... Councilman Turner-It ties right in because then it does not get into a numbers game of you know, fourteen days here and twelve on the other side, on the sign side, first limit the amount of time here. Supervisor Champagne-Ok, John does that answer it for you really it is a spin off from the original transient merchant law. Mr. John Salvadore-It sounds like this is geared to only outdoor sales? Supervisor Champagne-How about in the mall? Councilman Monahan-It says enclosed malls in here. Director Martin-I do not think it is Town Counsel Schachner-It does not say anything that would limit it to outdoor I do not believe. Supervisor Champagne-It could be indoor. Mr. Salvadore-It could be indoor sale also? What is the criteria, why does a person, why does a vendor who has someone permission to vend inside their facility need a special permit? Supervisor Champagne-Lets assume that car dealer X wants to have a car show at Aviation Mall and he wants to do it for a week or ten days twelve days this is the kind of permitting that would be required in order for him to. Mr. Salvadore-He is totally within the mall? Supervisor Champagne-Jim are you listening is this correct? Director Martin-Yes. Supervisor Champagne-That would be correct so as soon as you go off premise, off your premise is when this kicks in. Mr. Salvadore-A boat show at the mall they sell boats do they need these permits? An antique show at our place, vendors come in set up a booth they need this permit? Supervisor Champagne-How would we? Director Martin-The way it is currently written yes, that would be the case. Mr. Salvadore-Is that what you what you really mean? Supervisor Champagne-I think what we really mean is when we first got into this I think its three years ago now, that we were concerned that there were folks from Louisiana, and South Carolina selling furniture, mattresses, and bed springs off the back of tractor trailer truck we have eliminated that, that's not at least from my knowledge I have had no complaints since this law has went into effect. So, evidently that is working, now by the same token as we wrote that law and there was a charge Five hundred dollars a day as I remember, Five Hundred dollars a day if you wanted to do those kinds of things also hit home at the car dealers and the other folks that wanted to sell cars at the airport and even at the mall at the mall parking lot. So, that is when we had to go back through and fine tune it and say these local guys and gals are paying taxes we do not want to hit them certainly under those conditions so that is what this law really allows. Now, will it impact the little old antique dealer that sell out of your area, I do not know. We are trying to be equal you know as far as the equity of this thing as best we can. Mr. Salvadore-Well, one hundred and fifty bucks is still a pretty hefty charge for a day, you have got to do a lot of vending big ticket items. Councilman Goedert-It is not per day. Director Martin-One hundred a fifty dollars one Councilman Monahan-Per application. Mr. Salvadore-Wasn't the five hundred Councilman Pulver-That was per day.... Mr. Salvadore-If you want to know what killed the other one. Supervisor Champagne-Anyone else care to speak, for or against the .. Councilman Goedert-Jim, I have a question in the document itself there is a place in there that says not to exceed the ten days, that we are going to change to twelve? Director Martin-Yes. Councilman Goedert-Is there anywhere on here where it says not to exceed thirty days per year? Director Martin-No, it says no more than three special events permit per calendar year, so when you change it in that one location, that is on page two what I just read from. Supervisor Champagne-Yes, Sir, can I ask you to come up to the mic please? Mr. John Kilmartin-Just for curiosity how will this effect the road side stands, seasonal? Councilman Goedert-It does not effect. Mr. John Kilmartin-No agricultural products it is not going to bother that at all? Supervisor Champagne-Just as it was last year. Town Clerk Dougher-Your name Sir? Mr. John Kilmartin-John Kilmartin Supervisor Champagne-Good point, good question. Anyone else? Mr. George Drellos-George Drellos, I am just wondering on non-profit organizations, say you Churches have bazaars with the booths like a LARAC. Supervisor Champagne-They are excluded. Mr. Drellos- They are excluded, the school has the LARAC they are excluded? Councilman Goedert-The not for profit are.. Mr. Drellos-Not for profits.. Councilman Monahan-At least it is in the other ones... Councilman Turner-What it says George is that any established business in existence in operation within the Town of Queensbury so that excludes them, they are not a business. Supervisor Champagne-I think that language should be the same as it would be in the Transient Law. Mr. Drellos- The Church is not making, the church is making money it is non profit but the vendors are making money too though, they are not going to go there, but if it is sponsored, Supervisor Champagne- And the profit is from the not for profit and they are sponsoring it our past history is that it is excluded. Councilman Goedert-I think it is covered in the other one. Councilman Monahan-I do not think this can be used in conjunction with the transient merchant it has to stand by itself. Director Martin-That is a separate chapter. Mr. Drellos-I was just curious that is all. Councilman Monahan-No. I think you brought up a good point. Supervisor Champagne-That should have the same language as the regular transient merchant. Anyone else, John, yes. Mr. John Salvadore-Ted just said that this applies only to the vendors from the Town of Queensbury. Councilman Turner-That is what it said. Mr. Salvadore-What about someone coming from Saratoga? Supervisor Champagne-That is the five hundred dollar ticket. Mr. Salvadore-We are not rescinding that one. Board-No. Councilman Goedert-Actually, what we are doing is giving the residents, what we are giving the businesses that are already established in the Town of Queensbury giving them the break that they probably should get. Mr. Salvadore-That really is not the function of government to be protectionist. Really is not Councilman Goedert - I think it is a good piece of paper here. Mr. Salvadore-OK. Supervisor Champagne-Ok. Anyone else care to speak? From the Board? Ok. Now we are ready to move onto my original.. Councilman Monahan-Wait a minute we need to correct that part about the... Director Martin-page 16006 the exemption for the non-profits and the transient merchants item e. Councilman Monahan-I wonder if we need to put this whole exemption right in to here, every one of them? Supervisor Champagne-Give me an example of a not for profit that would be selling merchandise at their own location at their own site and then would want to go off site in another location? Councilman Monahan-lam not saying the off site, I am not sure if they would either... Town Counsel Schachner-I think we are talking apples to, probably fruit is not a good example to use, I do not see this as fitting the example as fitting the proposed special sales event law. This is not, by definition this is not somebody pushing a cart around this is an established business, ...already established somewhere in Queensbury that decides every now and then to conduct a special sale at some other location. So, I do not think the examples that we heard, the antique dealer operating a DunlIams Bay Lodge would not fall within this and therefore would not be a problem under this law. Similar I cannot think of an example in real life where a not for profit organization would be involved in a special sales event. If it is some business that is doing it then it is not going to be a not for profit context because the business presumably would be taking the money for itself, but the ..talking about is not for profit taking it, the not for profit taking it we are talking about sales that benefit only the not for profit organizations typically. Councilman Monahan-Well as a not for profit like a Church or any type of group like that had a bake sale at the Grand Union which they sometimes do, they would not have any problem, continue as they have been. Town Counsel Schachner-I do not see how that would fit within this definition. Just as Ted said earlier I think, I do not think, they do not fit within this law to begin with therefore I do not think they need to be exempted from it specifically. Supervisor Champagne-Well, obviously if there is a way to beat the law we will know it in another sixty days they will find out. Ok. Councilman Pulver-There are more comments, hands went up. Supervisor Champagne-I am sorry, yes, sure, excuse me. Unknown-I am a little confused on how we, how you just explained it. When the gentleman, I believe he is from DunlIam Bay asked a question, if a car dealership is having a sale at Aviation Mall then that would qualify under this, new law. Councilman Turner-As long as he is a business in the Town of Queensbury. Unknown-Right, what happens if an individual who in the Town of Queensbury has a business, say somewhere on Route 9 and decides they want to have a temporary sale within Aviation Mall. Supervisor Champagne-Give me an example of the business. Unknown-Any of the outlets in Route 9 in the Million Dollar Half Mile. Under my understanding on how just described it, anyone of those businesses if they are going into the Mall that pretty much makes any vendor within the mall confines inside or out applicable to this law and limits them to thirty six days and three instances in the mall. Correct? Councilman Monahan-Yea. Supervisor Champagne-That is how I see it. Councilman Pulver-It is having a special sales event. Councilman Monahan-Because they are doing it off their own premises. Councilman Turner-Off their own premises. Supervisor Champagne-If you had Boats by George want to go in the mall then he would pay the one hundred and fifty dollar application fee for twelve days in the mall. Does that answer your question? Unknown-Does the Town previously have a contract with the mall where they can control what happens inside the building? Councilman Monahan-I think the answer to that is that the mall has certain permits to have, I mean everyone of those businesses in there have a permit right? Director Martin-I don't, I don't think that is the correct way to characterize it, this is like a zoning power it is not a you know, we are not trying to dictate you know what business goes on in the mall it is through a zoning power that, this is occurring, you would do to any other use in any other... Councilman Monahan-Excuse me, But if some business even though they had another site here in town but if they wanted to have second site up in the mall and sign a regular lease like everybody else in there that is a whole different story. Town Counsel Schachner-Then it is not a temporary then it goes into ...the definition is a temporary short term use of land or structure so a lease arrangement would not fall within that definition. Director Martin-Another example is the kiosk in the mall some of them are relatively I think there are some jewelry shops there that operate right out of them, like a center space in the mall those are permanently leased areas. Councilman Goedert-..the point here is how does he control what goes inside the mall, do they have to come here and get a permit now? Director Martin-Never had, no. Councilman Goedert-And now are they going to have to? Mr. John Bordeau-And in addition to, the out for any business within the Town of Queensbury would be to sign a ten day lease, then if I own a business I do not need to come before you pay the One hundred and fifty dollar fee, true, because Councilman Pulver-Well we just found out how to beat it didn't we. Mr. John Bordeau-If! had a lease then I would not need to come before the board. Town Counsel Schachner-Ten days is not going to take you out of temporary shore term I would think. Mr. John Bordeau-I guess where, the point where I became a little confused and concerned was once we cross into somebodies building that they own we kind of went into this gray area where I am not sure we have any authority to be quite honest. Councilman Monahan-I think part of this Councilman Goedert-I think the inside, outside is what is confusing. Councilman Monahan- I think part of it and Jim maybe we will have thrash that out verbally here to get it is that you have got fire regulations that control inside that mall and so certain things go in there the Fire Marshal needs to know about it the mall just can't say you can come in. There are parking regulations for the number of businesses inside the mall and the square foot they take in and I think these are where Jim is getting his control through, through those kinds of regulations that we have. Director Martin-I think a good point has been raised here I mean, do you consciously want to do that I mean if you do that is fine but I think the point that is being brought up that, that is what this is doing. Councilman Monahan-And I think it should do it. Councilman Goedert-But I think a compliance complaint is not what this was entitled to, what this was intent of this. On whether or not a company, a business is in compliance of what they are selling this is not to straighten that out this was to straighten out the car dealers being allowed to go to the airport and to the mall and the outside area. Councilman Monahan-No the car dealers are inside the mall. Supervisor Champagne-They were both. Councilman Pulver-They were in and out. Councilman Monahan-Most of them that I have ever seen have been in. Councilman Goedert-Most I've seen are out. Councilman Monahan-...it depended on the weather they couldn't have even been out. Councilman Goedert-But its, I did not take this to be a thing so that our zoning or our Code Enforcement Officer can go enforce codes. Councilman Monahan-The point of it is that you need to have some handle on what is going on for public safety and welfare. The whole thing of this law is public safety and welfare. Supervisor Champagne-Well I do not know maybe we have a glitch in the law already, Jim. Mr. John Bordeau-The law that has been presented tonight is very confusing. Councilman Monahan-Otherwise it is subject to the Transient Merchant Law one way or the other, so then it is five hundred dollars a day. Supervisor Champagne-You know really, Jim help me with this here for a minute. To me the one hundred and fifty dollars as I understood it was really for the paper handling and the process that it had to go though. Director Martin-And subsequent enforcement and that is it. Supervisor Champagne-It really just covered basically it covered paper work. It is almost getting into a business permitting kind of scenario but I as I sit here now I am not sure that, that inside control is necessary and if it is not necessary in inside control the mall still owns the parking lot. Councilman Monahan-I think though Fred, you have to look at when the mall got its permit and went through all the Planning Board site plan review and everything else and what kind of uses they said they were going to have inside the mall and Jim, correct me if I am wrong, nobody every said anything about having cars in there or using up the walking space for that kind of stuff so they are in violation of what they did under site plan review. This is the way of trying to get them legal as far as their site plan review is concerned. Councilman Goedert-What is the definition of land? Because the title of it is temporary use of land for special events. Director Martin-There is no definition of land there is a definition of landuse in the code but no definition of land itself. Mr. Tim Brewer-I think what the confusion is Betty I recall site plans with the mall and no business was ever discussed to what particular type of business inside the mall. Councilman Monahan-Not specific but the types of business in the mall. Mr. Brewer-What the confusion might be is in the law you could say where that use where the site plan is applied to that use other than what the use is there. Do you understand what I am saying? Councilman Monahan-Yea. Mr. Brewer-Foreinstance the car show or the car sale they had up to the mall required a site plan review to eliminate that process you could permit them to have that sale there because that is not really the use that is allowed there. Councilman Monahan-They did come to you for a site plan review, and went in there temporarily? Mr. Brewer-Yes. Supervisor Champagne-This requires site plan review? Mr. Brewer-The one at the mall did, the car show at the mall did. Director Martin-Not having any better way to deal with it at the time. Supervisor Champagne-We did not have this at the time obviously. Director Martin-Exactly. Supervisor Champagne-Just like Americade Mr. Brewer-If that use required a site plan review you could process it this way rather than doing the site plan review which is. Councilman Monahan-See, that is why we started this trend to shorten up the time because by the time they went through all the paper work for site plan review they could be into sixty days. And the whole point of it was trying to cut back down. Director Martin-I have to say in all honesty at least when we were developing this we had the main focus was on the out door sale, I have to admit that. I think ... Mr. Brewer-Outdoor is the issue not indoor how can you control... if we have somebody come to our store and wants to sell padlocks or whatever I mean how can you control that how would you even know it. I would not tell you.... Director Martin-I will say from a practical standpoint I can envision the indoor sale as being tough issue, because it would likely happen on weekends. Councilman Goedert-Well, I think it has changed the whole intent of it too. Councilman Monahan-But then again, if we don't do something then they have to go for site plan review because it is a use that was not allowed inside the building. So, I think that is what we tried to do was shorten down that time as long as there was parking enough and they fulfilled all this kind of stuff that was here. One of the things that when this first started was to cut down the time that it would take them to get the allowed to go in there. Mr. Dennis Brower-Hi, I am Dennis Brower I do not know, something bothers me about these anyway. To me it is like the opposite this country is in Napta and a lot of people to not agree with NAPT A but it is free trade. Preventing it or imposing a fee a governmental fee it just rubs me the wrong way. I do not think what we need in Queensbury personally. Have you, can I ask, have you brought this to the Queensbury business group? Has this been discussed with them? Councilman Pulver-Yea, they have had access to this information. Councilman Monahan-They must have been aware of it ...yes because they made comments during the transient. Councilman Goedert-Didn't we get a letter in support of it. Board - yes. Supervisor Champagne-You have got to remember that this was kicked in when the QBA and other business folks were very very upset with the transients coming in here selling merchandise off the back of a tractor trailer truck. There had to be something done in other to curb that. Mr. Brower-But how much of that goes on in Queensbury? Supervisor Champagne-There was enough so that the furniture dealers here were screaming. Councilman Pulver-Ski equipment... Councilman Monahan-And it was also going on in motel rooms when no one knew if a sales tax was being collected if the general public that bought got stiffed they had no recourse, you know and so this was,the original transient merchant law came as a response to things both from the merchants and people in the community that saw what was happening. Mr. Brower-Well, here is another thing that bothers me, you have got a five hundred a dollar a day fee for someone from Saratoga coming up here but one hundred and fifty dollar fee from a Queensbury business coming up here Supervisor Champagne-Who owns a business in Town and pays taxes. Mr. Brower-What if, right but lets say the same Queensbury resident wants to go to Saratoga don't you think they are going to impose some major fee to retaliate. Supervisor Champagne-Sure and they should I would encourage them to do that. Mr. Brower-Well again, I do not agree but, I think I understand the intent that you are trying to get at. It is just I do not always agree with it. Councilman Monahan-You have to realize with these fees that there is a certain amount of paper work involved and if the people that are getting the benefit of this permit do not pay the fee every general taxpayer in this town is going to be paying what it cost extra for people in that department to process the paper and is that fair. Mr. Brower-It is kind oflike the mall if you have a car show or boat show or a circus for all I care in the mall as long as it is under control, how can, I do not see how you can justify taxing them in addition to the stiff fees that the mall is probably is already laying on them. Supervisor Champagne-I think that is what we are into right here. Councilman Goedert-The law is taking on a different intent tonight. Mr. Brower-Ok. Thank you. Supervisor Champagne-I guess my position would be at this point if we all agree that we rule out the under the roof location. Councilman Monahan-Then they will have to go to site plan. Supervisor Champagne-I do not think so. Councilman Monahan-If you are not a use that is in here and what has already been approved when they came for site plan where there is a change of use you have to go back. Carol you were on the Planning Board. Councilman Pulver-It is a good idea Councilman Monahan-That is why we did this, like this to cut down the time on that. Mr. Pliney Tucker-If the Aviation Mall inside or out was zoned for used car lot you would have one there all the time, and the reason this law was brought up was a gentleman down on Quaker Road wanted to have a car sale in the parking lot up there during the Balloon Festival I believe it was and I guess there was some extra activity to get it done right, some special meetings to get it done so he could go in there and have his car sale. I do not think Aviation Mall building itself is zoned for showing automobiles, is it? Director Martin-It is zoned Enclosed Shopping Center is the zoning district for the mall. Enclosed Shopping Center. Mr. Tucker-And what does that cover, does that cover boat show and automobiles? Councilman Monahan-I would not say so Pliney because it isn't specifically mentioned and another zone is highway commercial zone it is specifically mentioned. Automobile sales and service is the specific use mentioned under highway commercial. Mr. Tucker-So this law you got right here gives you a little bit of control of what happens. I am almost positive if you do not control these car dealers they are just like lawyers they will have used car lots all over the place. Supervisor Champagne-In my three years we have had two car dealers looking to really do off site sales, one at the airport and one in the parking lot up at the mall, those are the two in my three years. They are going to take their cars to where the traffic is. Mr. Tucker-I know you have had problems with people coming into Motels and running a business. Supervisor Champagne-Jewelry a lot of jewelry. Councilman Monahan-There was sewing machines... velvet paintings off the back of a truck remember those, Pliney, any blacktop area around here. Councilman Pulver-CD's, couches. Supervisor Champagne-If you look at other transient merchant laws in other communities and I will take the Town of Lake George as an example, they are much more strict, they are much more keep out transient kind of a policy. Mr. Tucker-I will tell you what happened to me in Lake George I have been in the building business since 1949, and went in there a year and a half ago to build a house and I had to buy a business permit it cost me twenty five bucks, first time ever. And I was doing a favor for the Chairman of the County Board and I still got socked twenty five bucks. Supervisor Champagne-Ok, I think I saw a hand over here. Did I see a hand, yes, Sir. Mr. Jack Bieniek-I am Jack Bieniek and I am here tonight representing the QBA and perhaps we are a little unprepared because, Jim, I to not know if Tom Nacy had requested a proposed copy of the bill or not, we were a bit concerned that the Transient Merchant Law was supported by the QBA we do find, just taking in this discussion tonight that there seems to be a penalty here for existing Queensbury Business owners to use out door property such as the mall location. I do not really understand the code book all that well but it seems to me that the mall is defined as a retail sales use and whether you are selling snowmobiles, automobiles, boats or whatever it would seem to me that would fit that jurisdiction up there. Councilman Pulver-It does but it would require site plan review. Right now the mall, how many stores in the mall? Does anybody know off hand? Supervisor Champagne-I have no idea. Unknown-Probably one hundred. Councilman Pulver-The mall has been approved for as many stores as they are and each one of those stores are required to have so much parking for the stores and so forth so any additional business that goes into that mall needs to be looked at by the town because it is, it would be added to, it would take away from the parking and some of the other facilities that are there at the mall that really belong to the businesses that are already there. So, not this particular piece of legislation that we have but one of the reasons why we require site plan review is to make sure that whatever goes in there can exist with those existing businesses and there will be enough parking and bathroom facilities and whatever else will be required by that business. So, it is ok, to say yes, what goes inside the mall is their business but they just cannot put anything in there without having site plan review or something from the Town depending on what the requirements is what the permit would be saying it would be ok. Mr. Bieniek-It seems to me like the Town would have granted the site plan review based on one hundred percent occupancy of that mall including the kiosk in the pedestrian area. If you could not wedge anymore sales opportunities in there the bigger objects like boats or automobiles how could they bring them in if there wasn't enough parking? Councilman Monahan-Excuse me retail businesses is allowed in an enclosed mall the definition of retail business excludes, vehicles, motor vehicles sales, it is not allowed under the definition for retail business that is why you have to have a site plan review what ever it takes because it is not an allowed business in there. Town Counsel Schachner-It would not be a site plan review... Councilman Monahan-However they got it before, I do not know what happened. Town Counsel Schachner-It would be something like this. Councilman Monahan-It was a transient merchant is how they got in we are trying to relieve them of the five hundred a dollar a day fee is the whole purpose of this. Town Counsel Schachner-Precisely. Councilman Monahan-Plus we were trying to shorten up the time. Mr. Bieniek-So boat dealers would be ok but automobile dealers would not. Councilman Monahan-No, no retail business, the offering for a fee of goods and merchandise to the general public and where the providing of services is clearly incidental to the sale of such goods or merchandise, excluding restaurants, motor vehicle sales and services, boat sales, recreational vehicle sales, and services mobile and modular homes sales and services, farm and construction equipment sales and services and logging equipment sales and services, are all excluded from a retail business definition. Supervisor Champagne-Anyone else? Yes, John. Mr. John Salvadore-Can we take a zero base approach to this subject. Lets assume that we rescind both of these ordinances, one for the out of Queensbury and the other one for within Queensbury. And where are, then where would our existing laws be deficient? How would we be exposed to the problem we perceive? What can we do maybe with the existing laws to modify them rather than having these two special local law. It seems to me every time we ask a question its prohibited or they have got to jump through a hoop. That along would deter what we are talking about. Supervisor Champagne-John, I have no problem with the transient merchant law the way it is written right now, I think it is effective it is working it is doing what it was intended to do, obviously we are bring this to the public tonight for the first time and I think we are getting, at least I am gleaning some issues here that I had not given some consideration to previously. I think that is healthy for me. I do not know that I am ready to vote on this tonight to be very honest with you to until we take a hard look at it to make sure that everything is in there that needs to be there or that it should come out of there what does not need to be in there. I tend to agree with you, if we do not have a law that is effective that counts if you will that people can interpret and understand and not have the police power of the town looking over your shoulder in order to make it work that is where I am coming from. I am not satisfied with what I am reading right here. The Board needed to get together we needed to discuss it further and I think we are finding some things in here now that may need to be tweeked a bit. Mr. Salvadore- I would also like to point out that the businesses licenses I do not know if it is the village or the Town of Lake George. Supervisor Champagne-The Town, I do not know about the Village, I know the Town has one. Mr. Salvadore-It is twenty five dollars and that covers the cost of administration. You do not need one hundred and fifty or five hundred dollars to cover the cost of administration and the State Law says that you shall not charge for a permit anymore than the cost of administration. That is a State Law that is why Lake George is at twenty five dollars. Two percent Bob, would have thought of a way to get it up higher if he could. Mr. Tim Brewer-Tim Brewer, again. Why don't we think about including the, or making an addendum to the Transient Merchant for established businesses in Queensbury and waive the fee? Then you eliminate the law that you are trying to define and I do not know maybe there is some way you could do that. Or at least reduce the fee to one hundred dollars or one hundred and fifty whatever the number might be. Councilman Pulver-That is a good suggestion, I would have to now, I will have to re-read the transient merchant law to see how that would apply. Councilman Goedert-I would just like to know where this whole thing changed, I mean we have been talking about it in workshop and it was real positive and we knew the intent on why we were putting it forward and then all of a sudden tonight it is has gone down the toilet. Supervisor Champagne-We never took it to the user. That is what we are hearing tonight. Councilman Pulver-That is what public hearings are for. Supervisor Champagne-I think that is where we are at, to very honest with you, I am interested in more input but I am certainly ready to put it off to the side one more time for Mr. Zoning Administrator to take another hard look at it along with the Board in further discussions. Councilman Goedert-At least you know where they are coming from now Jim. Director Martin-Yea. I think we have got some useful information here to try and take back and take another crack at it here. Supervisor Champagne-I like John's idea you know, I guess it was John's idea, maybe it was Tim's, put an addendum to the transient merchant law throw out the one hundred and fifty dollars and get on with it, going back to what you are saying. Councilman Pulver-Lets table it and look at it and Supervisor Champagne-Are we comfortable with tabling it and give it another look? Councilman Pulver-That is if everybody has had a chance to speak. Councilman Goedert-Just leave the public hearing open. Supervisor Champagne-Just leave the public hearing open? Councilman Turner-Yes. Director Martin-I might consider closing it because I think when you come back you are going to have some fairly substantial changes that are going to warrant re-notification. Supervisor Champagne-So, with that unless there is further discussion that we can take back and take another look at it I am going to close the public hearing. You did a real find job. DISCUSSIONS: SUPERVISOR CHAMPAGNE OPENED THE MEETING REGARDING THE CONCERNS OF THE RESIDENTS ON THE OPENING OF A VIDEO STORE CONTAINING X RATED MOVIES CORNER OF AVIATION AND DIXON ROAD The following residents spoke against the x rated videos being rented from the corner of Aviation Road and Dixon Road: Christine Guertin-2 Fox Hollow Lane Jan Szopinski Mary Jane Canale Alex Alexander Jane Hopkins-Lynnfield Drive Connie Schwartz-71 Old Mill Lane Joann Fracekia-Bullard Avenue Requested changes in Zoning Ordinance regarding X rated Video sales or rentals in the Commercial District near Queensbury High School, Middle School and Grade School by using a district requirement or the business may be placed where the public would not stumble upon it...(2) letters read -March 3, 1997 Dear Board Members: I would like to express my concerns regarding the "ADULT VIDEOS" soon to be available at the new Video Store opening in the SOKOL PLAZA. I have no objections to a video store, in fact would welcome one. However, in my opinion this is an in-appropriate location for ADULT (aka: XXX RATED) MOVIES rental business. This area of Queensbury consists primarily of family residences Students of all ages frequent this area due to the closeness of Schools, and places of Worship, Proximity to such an establishment brings more accessibility to this type of entertainment. Questions arise in my mind pertaining to these type of offerings: 1. Does a separate room at the store actually keep the videos out of the hands of those for whom they were not meant? Who enforces the ages limit? (We can't seem to enforce it consistently with cigarettes and alcohol.) Whether this is harmless entertainment or not, do we want young members of our community exposed to it? This is not a Police State that regulate human behavior! It only takes one employee or a Minor with false I.D. to obtain and circulate a copy. As parents we cannot spend every minute with our Children. Curiosity is a part of Childhood. Having this material within walking distance alleviates the need for an individual to make a concerted effort to seek it elsewhere. Are we supporting the availability of this material in our Community. 2. By offering other services is Mr. Donald White trying to circumvent the problem an Adult Video Rental Store would bring? Be it only one video it is still X-RATED! 3. A principal involved in this venture expressed to me that is was unfortunate that Mr. White was quoted in the paper. Was he implying Mr. White was misquoted in the Post Star or was it unfortunate the public became aware of his intentions. To paraphrase Mr. White he would get anything for anyone! It is my opinion and many others in the community, that this business will bring in an element of viewers that have a steady diet of these X-RATED MOVIES. Do we want this to be a draw for our area? Remember you cannot monitor or regulate who is coming into an area. Whether or not it actually materializes as being the LARGEST ADULT VIDEO RENTAL in New York State has yet to be seen. Will it become a self fulfilling prophecy?? Boasting in print will attract the curious and give credibility to QUEENSBURYas: "HOME OF NEW YORK'S LARGEST ADULT VIDEO SELECTIONS" In closing I would like to say that I personally feel insulted by Mr. White's comments about this area being under served with our need for more Adult Movies. I can produce many, many people who are offended by his comments. I challenge Mr. White to produce an extensive list of Queensbury Taxpayers who have requested this service. I find it laughable that he called having memorabilia, shopping services, movie rentals and pornography a NICE MIX....Yes it is a NICE MIX, attracting all ages...DO WE WANT ALL AGES IN THIS ENVIRONMENT?? If we adopt the attitude that "What's wrong with a few X-RATED Movies" are we defying a preponderance of evidence in recent literature and government findings that this is NOT a "VICTIMLESS FORM OF ENTERTAINMENT" Why are other communities banding together to prohibit these establishments locating near SCHOOL AND CHURCHES and we are allowing it? We need legislation to prohibit any establishment renting, selling or mailing Adult Videos within 1/4 mile of a School or Place of Worship. Yours truly, Isl Christine A. Guertin ....ltr. 16 Fox Farm Road Dear Councilwoman Connie Goedert, This letter of concern about the proposed video store in the Sokol's plaza. According to the newspaper article on Wednesday, February 26, 1997, Donald White will be offering the largest selection of adult movies in New York state while at the same time enticing minors into his store by featuring the G.A.M.E., which sells sports memorabilia. This type of store has no business being located in a plaza that is less than 600 ft(approx.) from Queensbury School and 500ft (approx.) from a residential neighborhood. It is our understanding this area is zoned neighborhood commercial. This plaza is frequented by school children and families on a continual basis. We feel its a safe place for kids to socialize with friends. By allowing this type of business in our neighborhood, jeopardizes the safety of our children. If Mr. White is going to be marketing this video store as the best place for adult movies, it will only attract people from many different locals with one thing on their minds. Many of the sex offenders have gotten their start with these so called adult movies. We don't want those type of abnormal people frequenting a plaza that right now considered family and children friendly. Our hopes is that the Town would not issue him a permit. If there isn't an ordinance against such businesses in our town then there should be. Our children's safety is at stake. Sincerely, Isl Richard and Debbie Collin Discussed having a moratorium and or amortization period on X Rated Video states...then prepare law regarding the placement of X Rated Video Stores.. .looking at a regulation under the context of the zoning law that would prohibit different types of adult uses within a certain distance of schools, places of worship perhaps residentially zoned neighborhoods.. .not limit this to keeping children but adult movie clientele out of the residential neighborhoods..questioned was raised about Adult videos... Mr. Don White-Spoke to the Town Board and the residents present and noted that he will not have X rated Videos in his store, did not realize the proximity to the School would be a problem...! needed to see what the communities thoughts were when the article was run...apologized to the residents... Town Board thanked Mr. White for coming forward and taking the X rated videos out of the store...Town Board will have a law prepared for public hearing prohibiting the placement of x rated videos in certain zones in the Town of Queensbury. OPEN FORUM Mr. John Strough-Re: Indian Ridge I believe that a SEQRA can be reopened if there is new information, we have had new hydrology points, perspectives and the Harza Traffic Study which seems to show some inadequacy with the Developers traffic study, we have had admissions from some people that work for the Town that they were not expert enough to evaluate the hydrology data nor the traffic study, questioned if the SEQRA would be reopened? Town Counsel Schachner-Reviewed for the board the instances when a SEQRA can be re-examined... Supervisor Champagne-Due to litigation to try to get any kind of response tonight would be probably not appropriate. Director Martin-Noted the traffic studies were developed using different computer modeling system that resulted in the numbers... Mr. Strough-Re: hydrology report the assessment of that is still at large, but two geologists gave a presentation to the Planning Board saying that the first hydrology study was inadequate or weak it could be correct they admitted, but it was weak in the way it was presented where they drilled the holes..I guess it was not a licensed hydrologist that evaluated the situation nor did a licensed hydrologist evaluate the situation for the town. Councilman Goedert-Noted that at the Planning Board meeting it was noted that more tests were to be done. Director Martin-I want to clarify, there are terms being to tossed around here licensed hydrologist there is no such thing as a licensed hydrologist there are certified hydrologist, it is a private association that provides the certification. Supervisor Champagne-Noted that the Judge will be hearing this on April 10th... Mr. Strough-In any event just to leave the door open should new information come forward you are willing to re-evaluate or re-assess the SEQRA? Town Counsel Schachner-I do not think that you can answer that question in the abstract. Mr. Pliney Tucker-Congratulated the Board on the savings on the insurance for the Fire Companies and Emergency Squads. Spoke to the Board regarding the resurfacing of Corinth Road, Supervisor Montesi would like some help in obtaining funding for the project. Supervisor Champagne-Noted that the County will be looking at the project there are some funds there possibly from Betty Little's efforts where we can do an immediate study. Mr. Tucker-Contract on the filter at the Water Plant was given to guy on the job. Councilman Pulver-That was a change order. Mr. Tucker-In the workshop you awarded a contract to O'Brien and Gere, sixty five hundred dollars, how much more are we going to spend on trying to sell water to Moreau? Supervisor Champagne-This should do it. Councilman Goedert-For the engineer to tell us what it is going to cost. Mr. Tucker-We have engineering firms in the Town, and it just appears that most everything that we do we do with O'Brien and Gere, questioned why other firms are not used? Supervisor Champagne-In the opinion of the Town Board there are qualified people in every community most qualified, evidently this board feels that O'Brien and Gere does an outstanding job. Councilman Monahan-Noted that O'Brien and Gere does not have to start from scratch because of previous work that they have done for the town. Mr. Tucker-Where at all possible take care of the fellows at home. Questioned if there would be a meeting between the two town boards on the report from O'Brien and Gere? Supervisor Champagne-This Board will review the study, and if the Board agrees with the Study, we will probably be sending it to Moreau...then will come back to both boards. Mr. John Salvadore-What are the scope of services you purchased from O'Brien and Gere? Councilman Pulver-Develop project costs for the proposed facilities these costs will include all construction contingency and engineering, attend meetings with the Town Board to review proposed facilities and meeting with the Town and Town of Moreau, review alternative connections to Queensbury supply to supply Town of Moreau these locations shall include a connection directly south of the Town water treatment plant and a connection to Big Bay-Big Boom Road pipe line. The flow projections shall be as follows, the initial 25,000 gallons per day proposed, 500 gallons per day the future of one million gallons per day and the long range plan of two million gallons per day. Supervisor Champagne-Spoke about the local savings through the sale of water ... Mr. Salvadore-Question what the criteria was by the Dept. of Health that we needed a new filter at the Water Treatment Plant? Supervisor Champagne-...it failed the tests, by the Department of Health. Councilman Pulver-Our water department informed us that the filter was going down and the water was bad...at the same time the Department of Health came in and confirmed it. Mr. Salvadore-Street light at DunlIams Bay Road.. .the pole I would recommend is Nigara Mohawk 172 #NY Tel. #147 .... Spoke to the Board regarding the No. Qsby. Sewer Project... Spoke about the 2% bed tax in Lake George, I am one taxpayer in the Town of Queensbury that is not interested in supporting the Lake George Convention Center... Spoke about the possibility of a Lake George Re- Val...the Lake George Park Commission has made application to the AP A to manage milfoil in Lake George, the application is for a wetland project...you should comment on that. At the end of Bay Road Mr. Parillo has been awarded a Class A Marina Operators permit, there seems to be another category of launch, he will be allowed to sell and servicing marine products that was not permitted before, boat storage is now involved, 150 parking places, 40 quick launch, no parking plan, rentals, he cannot do maintenance and service work... Mrs. Barbara Bennett-RE: Chlorine in the Queensbury Water System...received information from the Water Dept., ..allergy to Chlorine...requested again to be put on the Glens Falls Water Line... Supervisor Champagne-Noted he had a letter in the files from Mrs. Walter's to Mrs. Bennett regarding the same topic... 1984-85 Mrs. Walter indicated that you are in the Qsby. Dist., if you have a problem with the water a suggestion was made to drill a well. Will give Mrs. Bennett a copy of this letter. Requested a doctors order to make an exemption... Mrs. Bennett-Doctors do not deal with a chemical allergy.... Supervisor Champagne-Asked for further input...Open Forum Closed OPEN FORUM CLOSED COMMUNICATIONS -lTR. from the Glens Falls Farmer Market-Thanked the Town for the placement of their banners...( one file) RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REPEALING EXISTING CHAPTER 14 THEREOF, ENTITLED, "ETHICS AND DISCLOSURE" AND REPLACING IT WITH A NEW CHAPTER 14 ENTITLED, "CODE OF ETHICS" RESOLUTION NO. 88.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury a Local Law to Amend the Code of the Town of Queensbury by repealing existing Chapter 14 thereof, entitled, "Ethics and Disclosure," and replacing it with a new Chapter 14 entitled "Code of Ethics," (which new Chapter 14 would set forth the Town's ethical rules in a simpler and more straightforward manner, and WHEREAS, such legislation is authorized pursuant to ~806 of the General Municipal Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 17th day of March, 1997, to consider said Local Law and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law in the manner provided by law. Duly adopted this 3rd day of March, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Champagne NOES None ABSENT: None RESOLUTION IN OPPOSITION TO REINTRODUCTION OF WOLVES INTO THE ADIRONDACK PARK RESOLUTION NO.: 89.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Adirondack Association of Towns and Villages (AATV) has expressed its opposition to the proposed reintroduction of wolves into the Adirondack Park, and WHEREAS, AA TV has asked the Town Board of the Town of Queensbury to consider supporting its position, and WHEREAS, the Town Board of the Town of Queensbury agrees with this position, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby expresses its support of the AATVs opposition to reintroduction of wolves into the Adirondack Park, and BE IT FURTHER, RESOLVED, that the Town Supervisor's Office is directed to forward a copy of this resolution to theAATV Duly adopted this 3rd day of March, 1997, 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-I was brought to task by hundreds of people over my comments about the wolves, my comment was the lack of my knowledge on them, did I ever get educated in a hurry and I called Fred and asked him to bring this back on board and he gracefully did that for me. RESOLUTION APPROVING SALE OF SHOULDER MACHINE BY HIGHWAY SUPT. RESOLUTION NO.: 90.97 INTRODUCED BY : Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mrs. Carol Pulver WHEREAS, Paul Naylor, Town Highway Superintendent, has requested Town Board approval to sell one 1968 Model R-2500 shoulder machine to the Town of Providence for $1,000, and WHEREAS, pursuant to ~142 of the New York State Highway Law, the Town Highway Superintendent may, with the approval of the Town Board, sell any such machinery, tools, implements and equipment which are no longer needed by the Town or are worn out or obsolete, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the sale of the 1968 Model R-2500 shoulder machine by the Town Highway Superintendent to the Town of Providence, and BE IT FURTHER, RESOLVED, that the proceeds of the sale will be deposited in the appropriate Town account in accordance with Town policy and Laws of the State of New York. Duly adopted this 3rd day of March, 1997, 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 sale of this equipment...does this mean that this is no longer operable? Councilman Turner-This is not a functionable piece of equipment. RESOLUTION AUTHORIZING RELEASE OF RETAINAGE FOR DELANEY CONSTRUCTION CORPORATION RESOLUTION NO.: 91.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury previously entered into a contract with Delaney Construction Corporation, for construction services in connection with the closure of the Town of Queensbury Landfill, and WHEREAS, by resolution no. 660, 95, the Town Board of the Town of Queensbury authorized the release of a percentage of the retainage held by the Town to Delaney Construction, thereby reducing the retainage amount to $23,509.97, and WHEREAS, Malcolm Pirnie, Inc., engineers for the Town and LaVerne Fagel, Consultant have recommended that the retainage be reduced to $6,500, and WHEREAS, both Malcolm Pirnie, Inc. and LaVerne Fagel, consultant to the Town, have indicated their approval of the release of the $17,009.97 to Delaney Construction, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor and Town Comptroller to arrange for payment in the amount of $17,009.97 to Delaney Construction, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to take such steps and execute such documents and place the Town seal on such documents as may be necessary to carry out the terms and conditions of this resolution. Duly adopted this 3rd day of March, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Supervisor Champagne-We are still retaining Sixty Five hundred dollars. RESOLUTION AUTHORIZING CHANGE ORDER NO.1 FOR MALCOLM PIRNIE, INC. - ADDITIONAL LANDFILL CLOSURE WORK RESOLUTION NO.: 92.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously authorized and approved the Landfill Closure Project and as part of that project, entered into a contract with Malcolm Pirnie, Inc. for engineering work, and WHEREAS, Malcolm Pirnie, Inc., by way of letter dated June 17, 1996, has informed the Town that they expended additional time and effort on the Landfill Closure Project than they originally anticipated relating to the additional 2 - 3 acres that had to be capped when debris was found outside of the original closure plan specifications, and WHEREAS, the consultant to the Town of Queensbury has verified that Malcolm Pirnie, Inc. has performed the additional work and therefore recommends to the Town Board that the Town pay Malcolm Pirnie, Inc., for the additional engineering services by way of Change Order No.1, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of Change Order NO.1 for additional engineering services as described in a letter dated June 17, 1996 from Malcolm Pirnie, Inc., and set forth hereinabove, said Change Order NO.1 to be in the amount of $21,508, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute, on behalf of the Town of Queensbury, the Change Order NO.1 and/or other documents that are necessary to accomplish the intent and purposes of this resolution. Duly adopted this 3rd day of March, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Councilman Monahan-When we got the original proposal from Malcolm Pirnie the parameters of the garbage in the landfill and how much closure would have to be done there in acreage they took from the work that the county had done by an engineering firm for all the landfills in Warren County. When we got on site and found where the actual edges of the garbage were we found there were more acres then what was in the original and things had to be changed not only because there was more it was not a case to just continue the cover some of the garbage had to be taken from one spot and put into another to comply with our closure plan. So, there was a great deal of additional work that Malcolm Pirnie had to do to get this closure plan in compliance. Councilman Goedert-Is that why this became a change order in reference to payment. Councilman Monahan-Yes. RESOLUTION ACCEPTING DEDICATION OF ROADS LOCATED IN PHASE III OF THE HERALD SQUARE SUBDIVISION RESOLUTION NO. 93.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Mr. Guido Passarelli has offered a deed to dedicate Vincent Place, Rose Lane and Nicole Drive in Phase III of the Herald Square Subdivision to the Town of Queensbury, said roads being more particularly described in the survey map presented at this meeting, and WHEREAS, Paul Naylor, Town Highway Superintendent, has recommended acceptance of these roads, and WHEREAS, the form of the deed and title to the roads offered for dedication has been reviewed and approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed for dedication of Vincent Place, Rose Lane, and Nicole Drive in Phase III of the Herald Square Subdivision is hereby accepted and approved and the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office, after which time said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the roads be hereby added to the official inventory of Town Highways to be described as follows: Name: Vincent Place Road Number: 511 Description: Beginning at Herald Drive and continuing in a northerly direction, a distance of 600' and .12 hundredths of a mile and ending at Nicole Drive. Feet: 600 Name: Rose Lane Road Number: 512 Description: Beginning at Herald Drive and continuing in a northerly direction, a distance of 655' and .13 hundredths of a mile and ending at Nicole Drive. Feet: 655 Name: Nicole Drive Road Number: 513 Description: Beginning at Herald Drive and continuing in an easterly direction, a distance of 2443' and .47 hundredths of a mile and ending at Herald Drive. Feet: 2443 Duly adopted this 3rd day of March, 1997, 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-It concerns me that we are accepting these with the fact that due to the time of year all the work is not completed and it seems to me that we ran into a problem last year on a road that was not done to terms or whatever and we ended up taking over and we ended up doing the work is this something that we want to do? Supervisor Champagne-This is not like that project.. .Director Martin-We still have leverage in that, if something should go array in here we could put a stop work order on building permits. Developer noted that the gas lines are in they just need to be hooked up, phone lines are in and cable TV is in, water is in.. Supervisor Champagne-I have no problem approving this based on the language and the recommendation that Mr. Naylor who has been out there and looked at it and saying it is fine, with a couple little touch ups that you have to do, that should not prevent the builder to go ahead and get the job done. Councilman Goedert - I thought everything had to be done before we accepted the road. I have no problem as long as we are secure on the work being done... RESOLUTION TO ACCEPT BID FOR PURCHASE OF 1997 MAINTENANCE PRODUCTS RESOLUTION NO. 94.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for a continuous supply of maintenance products on a demand basis for use by all Town Departments, pursuant to bid specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Hill and Markes, Inc., submitted the only bid for the aforementioned products, and WHEREAS, Darleen M. Dougher, Town Clerk, has recommended that the bid be awarded to the aforesaid only and therefore lowest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, hereby awards the bids for the aforementioned maintenance products to Hill and Markes, Inc., and BE IT FURTHER, RESOLVED, that said products are to be paid for from the appropriate departmental accounts for maintenance products. Duly adopted this 3rd day of March, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN WARREN COUNTY OFFICE FOR AGING AND TOWN OF QUEENSBURY RESOLUTION NO. 95.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Warren County Office of the Aging has presented to the Town Board of the Town of Queensbury an Agreement which provides for, upon compliance with certain conditions set forth therein, the payment to the Town of Queensbury in the sum of $6,607 for the year 1997, for the conducting of a transportation for the elderly program, and WHEREAS, a copy of the aforesaid Agreement has been presented at this meeting, and WHEREAS, said Agreement has been reviewed and is in the form approved by the Town Counsel, 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 execute the aforesaid Agreement on behalf of the Town Board, and take such other and further steps as may be necessary to effectuate the terms of the Agreement and obtain the funds provided for thereunder, and BE IT FURTHER, RESOLVED, that a copy of this Resolution and of the Agreement be filed with the Town Comptroller and Town Clerk. Duly adopted this 3rd day of March, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Councilman Monahan-Just for discussion I noted that Warren County wants to be an additional insured on our insurance and I am just wondering in another year when the contract goes out if they should also be an additional insured on the person who supplies the transportation...think about it for another year. RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO.: 96.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain departments have requested transfers of funds for the 1997 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 1997 budget: BUS OPERATIONS: FROM: TO: $ AMOUNT: 01-3310-4400 (Traffic Control - Misc. Contractual) 01-5630-4400 (Bus Operations - Misc. Contractual) 150.00 and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 3rd day of March, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION SETTING FEES FOR SECRETARIES TO THE TOWN PLANNING BOARD AND ZONING BOARD OF APPEALS RESOLUTION NO.: 97.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury desires to set the fees for the Secretaries to the Town's Planning Board and Zoning Board of Appeals, NOW, THEREFORE, BE IT RESOLVED, that the fees for the Secretaries to the Town's Planning Board and Zoning Board of Appeals shall be $40 per meeting. Duly adopted this 3rd day of March, 1997, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION AND FINAL ORDER ESTABLISHING BIG BAY ROAD/BIG BOOM ROAD EXTENSION # 1 TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 98.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of adopting a resolution and Final Order establishing an extension to the Queensbury Consolidated Water District, to be known as the Big Bay Road/Big Boom Road Extension #1, and WHEREAS, a map, plan and report have been prepared on behalf of Joseph and Debra Gross (the Developers) by VanDusen & Steves and Haanen Engineering regarding the said extension of the existing Queensbury Consolidated Water District, such extension to service an area adjacent to, in and around that area of the Town of Queensbury along the southerly end of Big Bay Road consisting of 31.53 acres and including a subdivision known as the Gross Subdivision, as more specifically set forth in the said map, plan and report, and WHEREAS, the map, plan and report have been filed in the Town Clerk's Office in the Town of Queensbury and are available for public inspection, and WHEREAS, said map, plan and report show the boundaries of the proposed extension of the Queensbury Consolidated Water District, a general plan of the water system, and a report of the proposed water system and method of operation, and WHEREAS, the map shows the water distribution mains, gate valves and hydrants, together with the location and a general description of all related or appropriate public works existing or required, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed Water District Extension pursuant to Town Law Article 12A and consolidate the same with the Queensbury Consolidated Water District, pursuant to ~206-a of the Town Law of the State of New York, and the Town Board notes that the manner in which this district is established takes into consideration the cost of improvements benefitting the Queensbury Consolidated Water District and the low cost of improvements benefitting the immediate existing properties, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing on December 2, 1996 concerning the establishment of said Water District Extension, at which time all persons interested were afforded an opportunity to be heard, and WHEREAS, the said Town Board has considered the establishment of said district extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS, a notice of such public hearing was duly published and posted as required by law, and WHEREAS, after said public hearing and consideration of the State Environmental Quality Review Act, the said Town Board duly adopted a resolution on the 6th day of January, 1997, determining to create said Water District Extension, and WHEREAS, the Town Clerk of the Town of Queensbury has reported that petitions requesting a referendum have not been filed, and WHEREAS, State Comptroller approval is not necessary, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that it is the final determination of the Town Board of the Town of Queensbury that (1) notice of said public hearing was published and posted as required by law and is otherwise sufficient; (2) it is in the public interest to establish, authorize and approve the Big Bay Road/Big Boom Road Extension #1 to the Queensbury Consolidated Water District as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; (3) all property, property owners and interested persons within said extension are benefitted thereby; (4) all property and property owners benefitted are included in said extension; and (5) pursuant to ~206-a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended, and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended, and IT IS FURTHER, RESOLVED AND ORDERED, that: 1. The Big Bay Road/Big Boom Road Extension #1 to the Queensbury Consolidated Water District be and the same is hereby authorized, approved and established, in accordance with the boundaries and description set forth in the previously described map, plan and report, subject to the following: A. The obtaining of necessary permits or approvals from the New York State Department of Health; B. The obtaining of the necessary permits from the New York State Department of Environmental Conservation; 2. The boundaries of the Big Bay Road/Big Boom Road Extension #1 to the Queensbury Consolidated Water District are as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly bounds of Big Bay Road in the westerly bounds of Interstate Route #87 at the existing southerly bounds of said Big Bay - Big Boom Water District; running thence southerly along said Interstate Route #87 and Big Bay Road, a distance of 80.00 feet more or less to a concrete monument found in the ground for a corner; thence continuing along said Interstate Route #87 South 14 degrees, 44 minutes and 20 seconds West, a distance of 346.53 feet to a concrete monument found in the ground for a corner; thence running South 66 degrees, 27 minutes and 35 seconds West, a distance of 58.28 feet to the northeast corner of Lot 4 Gross Subdivision; thence running South 23 degrees, 07 minutes and 21 seconds West along the easterly bounds of said Lot 4, a distance of 312.19 feet; thence running South 69 degrees, 56 minutes and 28 seconds West along the southerly bounds of Lots 4, 3,2, & 1, a distance of 812.00 feet more or less to the shore of the Hudson River; thence running northerly along said Hudson River as it winds and turns, a distance of 239.00 feet more or less; thence running North 71 degrees, 06 minutes and 40 seconds East crossing Palmer Drive and continuing along the northerly bounds thereof at the angle point thereof, a total distance of 148.00 feet more or less; thence running North 65 degrees, 01 minutes and 45 seconds East still along the northerly bounds of said Palmer Drive, a distance of 142.00 feet to an iron pipe found in the ground for a corner; thence running northerly along the rear oflots abutting Palmer Drive the following seventeen courses and distances: (1) North 22 degrees, 29 minutes and 37 seconds West, a distance of 88.22 feet; (2) North 22 degrees, 46 minutes and 59 seconds West, a distance of 49.87 feet; (3) North 23 degrees, 04 minutes and 14 seconds West, a distance of 100.33 feet; (4) North 22 degrees, 07 minutes and 27 seconds West, a distance of 49.58 feet; (5) North 23 degrees, 20 minutes and 17 seconds West, a distance of 100.43 feet; (6) North 20 degrees, 47 minutes and 07 seconds West, a distance of74.95 feet; (7) North 24 degrees, 13 minutes and 30 seconds West, a distance 0 125.17 feet; (8) North 15 degrees, 17 minutes and 50 seconds West, a distance of 186.65 feet; (9) North 03 degrees, 26 minutes and 17 seconds East, a distance of 98.32 feet; (10) North 02 degrees, 16 minutes and 18 seconds East, a distance of 101.14 feet; (11) North 11 degrees, 10 minutes and 09 seconds East, a distance of 101.06 feet; (12) North 16 degrees, 31 minutes and 58 seconds East, a distance of 99.43 feet; (13) North 19 degrees, 14 minutes and 36 seconds East, a distance of 41.96 feet; (14) North 08 degrees, 47 minutes and 43 seconds East, a distance of 202.50 feet; (15) North 13 degrees, 48 minutes and 32 seconds East, a distance of 198.25 feet; (16) North 13 degrees, 48 minutes and 14 seconds East, a distance of 100.04 feet; (17) North 20 degrees, 59 minutes and 52 seconds East, a distance of76.79 feet to the existing Big Bay - Big Boom Water District; thence running southeasterly along the southerly bounds thereof the following six courses and distances: (1) South 53 degrees, 44 minutes and 40 seconds East, a distance of 458.72 feet; (2) South 29 degrees, 18 minutes and 40 seconds East, a distance of79.77 feet; (3) South 29 degrees, 20 minutes and 31 seconds East, a distance of 189.86 feet; (4) South 29 degrees, 23 minutes and 39 second East, a distance of 444.56 feet; (5) South 36 degrees, 35 minutes and 15 seconds East, a distance of 225.28 feet; (6) Northeasterly crossing said Big Bay Road 100.00 feet more or less to the point and place of beginning, containing 31.53 acres ofland, to be the same more or less. Bearings given in the above description refer to magnetic North. 3. The improvements to be constructed by the Developer and included and made a part of the extension shall consist of the purchase and installation of water distribution mains, hydrants and gate valves and such other facilities as more specifically set forth in the aforesaid map, plan and report prepared by VanDusen & Steves and Haanen Engineering and the costs shall also include a proportionate share of the cost of the Water Treatment Plant, mains and other facilities of the existing Queensbury Consolidated Water District; 4. All proposed water mains and appurtenances shall be installed in full accordance with the Town of Queensbury specifications and ordinances and in accordance with approved plans and specifications and under competent engineering supervision and thereafter all water mains and improvements shall be turned over to the Town of Queensbury without charge; 5. The maximum amount to be expended for said improvement is estimated to be $30,000, said amount to be paid by the Developer; 6. There will be no financing of the proposed Water District Extension improvements by the proposed District, the Town of Queensbury, or the Queensbury Consolidated Water District, the Developer will contribute towards existing facilities, and parcels in the proposed District will contribute to the Consolidated Water District as herein set forth; 7. In accordance with ~206-a of the Town Law, all of the expenses of the Queensbury Consolidated Water District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 8. Expenses occasioned after the creation of the extension shall be assessed, levied and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies and/or collections are made in the Queensbury Consolidated Water District and such assessments shall be made on an ad valorem basis and user charge basis (water meter charges); 9. The map, plan and report describing the improvements and area involved are on file in the Town Clerk's Office of the Town of Queensbury for public inspection; and BE IT FURTHER, RESOLVED, 1. that a certified copy of this resolution and order be further filed and recorded in the Office of the Clerk of the County of Warren; 2. that the Town Clerk, as required by law, file a certificate with the Clerk of the County of Warren that no petitions for referendum have been filed; 3. that any other filings of this resolution mandated by law be completed by the Town Counsel's Office; and BE IT FURTHER, RESOLVED, that a consolidated assessment bill shall be prepared for next year in which assessments are levied against the extended district, and BE IT FURTHER, RESOLVED, that this Order is a Final Order and shall take effect immediately. Duly adopted this 3rd day of March, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ADIRONDACK COFFEE SERVICES TO HOOK-UP TO CVS PHARMACY SANITARY MAIN RESOLUTION NO.: 99.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury by resolution no. 188,96, authorized an agreement between the City of Glens Falls, the Town of Queensbury, and Berkshire-Queensbury, L.L. C. authorizing Berkshire-Queensbury, L.L.C., which is constructing a CVS Pharmacy, Chiropractor's Office and lease space on certain real property located at 5 Main Street, Queensbury, tax map no.: 130-3-18, to hook-up and transmit wastewater to the sewage facilities owned and maintained by the City of Glens Falls, and WHEREAS, such resolution and agreement contained provisions prohibiting any other entity from connecting to the sewerage facilities being constructed by Berkshire-Queensbury, L.L.C., and WHEREAS, by resolution no. 386, 96, the Town Board of the Town of Queensbury amended resolution no. 188, 96 to allow and authorize the West Glens Falls Fire Company to connect to the above sewerage facilities to provide sanitary discharge to the City of Glens Falls Sewer System, and WHEREAS, Michael and Sarah Hayes, on behalf of Adirondack Coffee Services, Inc., have requested authorization to also connect to said sewerage facilities, and WHEREAS, the Town of Queensbury is willing to give its approval to the said hook-up and transmission of wastewater under conditions designated in an agreement between the Town, City of Glens Falls and Berkshire-Queensbury, L.L.C., and WHEREAS, Adirondack Coffee Services, Inc. agrees that it will hook-up to a sewer district in the event that the Town of Queensbury establishes a sewer district which includes the property designated as tax map parcels 117-11-2, 117-11-3, 117-11-4 and 117-10-6 owned by Adirondack Coffee Services, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Adirondack Coffee Services, Inc. (tax map parcels 117-11-2, 117-11-3, 117-11-4 and 117-10-6) to hook-up to the sewerage facilities of the City of Glens Falls, and BE IT FURTHER, RESOLVED, that the agreement for such hook-up be amended in a form to be approved by Town Counsel and executed by the Town Supervisor. Duly adopted this 3rd day of March, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING DISCONTINUANCE OF TOWN OF QUEENSBURY V FLYNN SUPREME COURT CASE RESOLUTION NO.: 100.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in 1991 the Town of Queensbury commenced legal action against John and Rita Flynn seeking compliance with various provisions of the Queensbury Town Code, and WHEREAS, the allegations concerned property located in the vicinity of Mannis and Fitzgerald Roads owned by the Flynns and involved issues such as unsafe premises, improper excavation, lack of proper erosion control measures, excessive and exposed slopes, insufficient revegetation and an unsafe retaining wall, and WHEREAS, the Town of Queensbury's Director of Building and Code Enforcement has advised Town Counsel that the Flynns sold the property in question to the adjoining property owner who in turned cleaned up and remedied all existing violations on the property, and WHEREAS, Town Counsel has advised the Town Board that since all issues concerning this matter have been resolved and the Town of Queensbury's goals have been achieved, this case can be discontinued, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after due consideration, determines that it is in the best interest of the Town of Queensbury to discontinue the Supreme Court Case of the Town of Queensbury v. John and Rita Flynn, (Warren County RJI No. 57/1-92-0061 and Index No. 29155), and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Town Counsel and the Town Supervisor to execute and place the Town seal on any affidavits, releases, stipulations of discontinu-ance or other documents and papers that may be necessary to discontinue this action. Duly adopted this 3rd day of March, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING PURCHASE OF CEMETERY LOT FROM MR. HERBERT RICHARD HYER RESOLUTION NO.: 101.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Town of Queensbury Cemetery Commission previously sold a five-grave cemetery lot (Lot #25A) in the Pine View Cemetery to Mr. Herbert Richard Hyer, and WHEREAS, Mr. Hyer desires to sell the cemetery lot back to the Cemetery Commission, and WHEREAS, the Cemetery Commission recommends the purchase of Mr. Hyer's cemetery lot and is now requesting approval from the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it has no objection and approves of the Cemetery Commission's purchase of Lot No. 25A, Mohican Plot from Mr. Herbert Richard Hyer for the sum of $1,000 ($1,500 original purchase price less $500 perpetual care), and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and directs the Cemetery Superintendent to arrange for payment of the amount of $1,000 to Mr. Hyer and proper accounting in the books and records of the Town of Queensbury as may be necessary or appropriate. Duly adopted this 3rd day of March, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING REFUND OF ESCROW MONIES AND CLOSURE OF ESCROW ACCOUNT RELATING TO THE HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 102.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury previously entered into an Escrow Agreement with THE MICHAELS GROUP, developers for the Hudson Pointe Planned Unit Development, so that the Town of Queensbury could expend monies from the Escrow Account to pay for engineering services related to Town review of the Hudson Pointe Planned Unit Development Environmental Impact Statement (EIS), and WHEREAS, Hudson Pointe, Inc., has advised the Town that all engineering services associated with the EIS have been completed and Hudson Pointe, Inc., therefore has requested that the Town return all remaining funds in the escrow account to Hudson Pointe, Inc., and WHEREAS, James Martin, Executive Director of Community Development, concurs that all work associated with the EIS and coinciding Escrow Agreement has been completed, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, in accordance with the terms and provisions of the Escrow Agreement entered into between the Town and The Michaels Group, developers for the Hudson Pointe Planned Unit Development, hereby authorizes and directs the Town Comptroller's Office to arrange for the payment of all funds currently being held in escrow, together with any accrued interest, to HUDSON POINTE, INC., and that said escrow account be closed. Duly adopted this 3rd day of March, 1997 by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION DESIGNATING TOWN OF QUEENSBURY POLLING PLACES RESOLUTION 103.97 INTRODUCED BY: MRS. CAROL PULVER WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Theodore Turner Discussion held: Councilman Goedert-Asked if there were any changes Town Clerk Dougher-Polling location at Qsby. Central on Aviation Road has been changed to Solomon Heights...Councilman Goedert-Questioned the location and requested that a new site be selected... Motion pulled.. . RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PURCHASE OF COMPUTER SOFTWARE RESOLUTION NO. 103.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury is desirous of solicitizing bids for the purchase of certain computer software, which computer software is more specifically identified in the proposed bid specifications submitted at this meeting, and WHEREAS, pursuant to ~ 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed purchase to the lowest responsible bidder meeting New York State statutory and standard requirements, NOW, THEREFORE, BE IT RESOLVED, that an advertisement for bids for the said purchase of computer software be published in both the Post-Star and Albany Times Union newspapers and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury at any time until, but not later than March 24, 1997, 1997, at 2:00 p.m., and that the bids will be publicly opened and read at 2:05 p.m. by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re- advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Darleen M. Dougher, Town Clerk of the Town of Queensbury, is hereby authorized and directed to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.m., March 24, 1997, read the same aloud and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 3rd day of March, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES MEADOWRUN DEVELOPMENT CORPORATION RESOLUTION NO.: 104.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain Article 7 Real Property Assessment Review cases have been commenced by Meadowrun Development Corporation against the Town of Queensbury for the tax years 1993-94, 1994- 95, 1995-96, and 1996-97, and WHEREAS, the Town Board of the Town of Queensbury has reviewed these cases with Town Counsel and the Town Assessor has recommended the following settlement to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of four pending Article 7 cases against the Town of Queensbury by Meadowrun Development Corporation in accordance with the following revised assessment values: Tax Map No.: Tax Year: New Assessment: 74.-1-12.1 1993-94 1994-95 1995-96 1996-97 $975,000. 975,000. 975,000. 975,000. and BE IT FURTHER, RESOLVED, that the Town Supervisor and Town Counsel are authorized to execute settlement documents and take any additional steps that may be necessary to effectuate the proposed settlement in accordance with the above terms. Duly adopted this 3rd day of March, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Town Counsel Schachner-When this matter has been previously discussed with the Board I believe I was instructed to make sure to contact the Counsel for the School Dist. to advise them of the potential settlement, I have done that. On this particular case the School Dist. Attorney told me that he was not able to confirm the school district agreeing with this proposed settlement he thinks (Lake George School Dist.) he believes that the Lake George School will have no problem with this. We are not legally obligated to await their consent. He was fairly confident that the Lake George School Dist. would not have any problem with this proposed settlement, it does involve a refund from that School Dist. and that he would not be able to tell us in alllikelyhood before the meeting he did not call be back today. RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE DAVID P. MANNY AND MARGARET MANNY RESOLUTION NO.: 105.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, a certain Article 7 Real Property Assessment Review case has been commenced by David P. Manny and Margaret Manny against the Town of Queensbury for the tax year 1996-97, and WHEREAS, the Town Board of the Town of Queensbury has reviewed this case with Town Counsel and the Town Assessor has recommended the following settlement to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of the pending Article 7 case against the Town of Queensbury by David P. Manny and Margaret Manny in accordance with the following revised assessment value: Tax Map No.: Tax Year: New Assessment: 90.-8-123 1996-97 $299,000. and BE IT FURTHER, RESOLVED, that the Town Supervisor and Town Counsel are authorized to execute settlement documents and take any additional steps that may be necessary to effectuate the proposed settlement in accordance with the above terms. Duly adopted this 3rd day of March, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Town Counsel Schachner-The update on this one, School Dist. Counsel has expressed consent. RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO.: 106.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, certain departments have requested transfers of funds for the 1996 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 1996 budget: TOWN-WIDE: FROM: TO: TO AMOUNT: FROM AMOUNT: 1-1990-4400 $32,257.99 ny 1-10 10-1002 1-1110-1062 1-1110-1062-2 1-1110-1110 1-1110-1212 1-1110-1212-2 1-1110-1720 1-1110-4030 1-1220-10 10 1-1220-1020 1-1220-1050 1-1220-4100 1-1315-1090 $217.74 209.30 271.16 428.08 347.18 2,638.00 1,008.30 300.00 367.05 151.32 217.50 21.43 169.41 1-1315-1100 183.42 1-1315-1180 240.54 1-1330-1120 17.41 1-1330-1130 170.07 1-1355-1078 176.15 1-1355-1079 717.94 1-1355-1160 371.14 TOWN-WIDE (Cont.): TO FROM FROM: TO: AMOUNT: AMOUNT: 1-1990-4400 1-1355-1170 102.07 1-1410-1190 379.83 1-1410-1200 387.32 1-1420-1890 340.69 1-1420-4130 206.26 1-1460-1061 173.95 1-1620-1060 25.84 1-1620-1221 268.39 1-1620-1400 667.59 1-1620-1470 126.73 1-1620-1860-27 173.35 1-1670-4030 1,000.00 1-1680-4400-1680 297.00 1-1910-4400 602.73 1-3410-1630 227.73 1-3410-4410 16.26 1-3510-1640 103.32 1-3510-4400 1.30 1-3620-1372 372.26 1-3620-1605 97.06 1-3620-1820 294.60 1-3650-4400 5,450.00 1-4010-1280 588.26 1-5010-1290 415.30 1-5010-1300 320.54 1-5010-4100 100.11 1-5132-4300 1,984.34 1-5182-4300 1,788.43 1-5410-4400 1,118.35 1-7020-1330 292.92 1-7020-1340 753.11 1-7020-1360 178.40 1-7020-1910 189.73 1-7110-1400 123.92 1-7110-1460 205.60 1-7110-1470 154.64 1-7510-1621 19.84 1-8010-1605 97.28 1-8010-1915 2.10 1-8020-1605 145.07 1-8020-1610 702.36 1-8020-1910 177.76 1-8020-1915 187.13 1-8540-4400 3,175.38 TOWN-WIDE (Cont.): TO FROM FROM: TO: AMOUNT: AMOUNT: 2-9060-8060 $1,500.00 2-9902-9003 743.23 2-8810-1380 $255.63 2-8810-1400 904.33 2-8810-1450 637.76 2-8810-1470 222.76 2-8810-1800-11 207.50 2-8810-4220 13.25 2-8810-4230-11 2.00 Increase Est. Increase Revenues Appropriations (Insurance (Misc. Contr. Recoveries) Ins. Recoveries) 2-2-2680 2-8810-4400-4200 13,835.41 4-5142-1002 $20,886.8 4-5142-1400 4,661.92 4-5142-1400-2 3,189.2 4-5142-1440 17,624.66 4-5142-1440-2 4,034.88 4-5142-1450 9,784.75 4-5142-1450-2 2,547.11 4-5110-1400 770.81 4-5110-1440 9,270.62 4-5110-1450 23,290.56 4-5110-1470 4,933.59 4-5130-4200 130.00 4-5130-4410 1,000.11 4-5130-4470 12.33 4-9060-8060 22,299.34 4-9089-8089 1,021.96 32-9710-7010 373.91 32-8110-1810 272.71 32-8120-1570 10 1.20 34-9795-7095 122.55 34-8120-4300 122.55 40-9710-7010 12,578.63 40-8310-1180 135.98 40-8310-13 20 154.87 40-8310-1490 434.00 40-8310-1500 394.95 40-8320-1530 734.64 40-8320-1841 174.86 40-8320-1971 94.32 TOWN-WIDE (Cont.): FROM: 46-8340-4400 47-8310-4710 TO TO: AMOUNT: 40-8320-4300 8,784.52 40-8330-1540 310.31 40-8340-1400 331.28 40-8340-1460 190.47 40-8340-1550 267.75 40-8340-1580 202.84 40-8340-1590 367.84 46-9795-7095 1,158.93 47-8320-4400 21.13 FROM AMOUNT: 1,158.93 21.13 FROM: COMMUNITY DEVELOPMENT: TO: $ AMOUNT: 01-8020-4130 (Legal Services) WATER: FROM: 40-8310-4010 (Office Supplies) 40-8330-4260 (Chlorine) 40-8340-1400-0002 (Laborer A OT) 40-8340-1570 (Maint. Man II) 40-8320-1400 (Laborer A) 40-8320-1400 (Laborer A) and BE IT FURTHER, 01-8020-4220 (Training/Education) 450. TO: $ AMOUNT: 40-8310-4080 240. (Advertisement) 40-8330-4250 983. (Alum) 40-8340-1002 43. (Misc. Payroll) 40-8340-1400 574. (Laborer A) 40-8320-1002 20. (Misc. Payroll) 40-8320-1971 2,700. (Operator Trainee) RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 3rd of March, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None 4.0 PLANNED DISCUSSION ITEMS NONE 5.0 TOWN BOARD MATTERS 6.0 ATTORNEY MATTERS Town Counsel Schachner-The Saratoga County Supreme County has adjourned the oral argument on the Indian Ridge Litigation to Thursday April 10th. 8.0 EXECUTIVE SESSION RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 107.97 INTRODUCED BY: Mrs. Connie Goedert 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 litigation on Annexation of Coles Woods. Duly adopted this 3rd day of March, 1997 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR SESSION RESOLUTION NO. 108.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its executive session and regular session. Duly adopted this 3rd day of March, 1997 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury