1997-04-07
TOWN BOARD MEETING
APRIL 7,1997
7:00 p.m.
MTG.#16
RES. 134-160
BOH. 10-11
TOWN BOARD MEMBERS PRESENT
Supervisor Fred Champagne
Councilman Betty Monahan
Councilman Theodore Turner
Councilman Connie Goedert
Councilman Carol Pulver
Town Counsel Mark Schachner
Community Development Director James Martin
Highway Superintendent Paul H. Naylor
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BETTY MONAHAN
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 134.97
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board
of Health.
Duly adopted this 7th day of April, 1997 by the following vote:
AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES: None
ABSENT: None
PUBLIC HEARING SEWER VARIANCE NOTICE SHOWN
PROPERTY OWNED BY MR. FRANCIS R. KOENIG
Supervisor Champagne-Asked Mr. Koenig to come forward...Just give us your name and your address and
tell us a little bit about the project.
Mr. Frank Koenig-My name is Frank Koenig, I live in Kingston, New York. We, the family has a summer
seasonal camp upon Hanniford Road in the lake, actually by brother passed away and my mom just passed
away and my older brother so it is just my younger brother and I own it now. A couple of years ago we
were going to put in a holding tank we hired an engineering firm and they came up with the only I guess
feasible site that they could and that is what is presented here this evening. The only difference being that
rather than a monster one, we cut it down to two separate smaller holding tanks themselves, which we
incorporated into, rather than one big large one. The site is a lot of rock it will be covered, you will not be
able to see it, people to the east will not be able to see it, people to the west will not be able to see it the
north it will be blocked and the only ones that would really be able to see it would be Gavin and maybe
Rooney on the south side.
Supervisor Champagne-Anyone here to speak against this project? Hearing from no one, does the Board
have anything to offer?
Councilman Monahan-How much of this is going to be above ground?
Mr. Koenig-The whole thing will be above ground it will have to be, probably what we are going to end up
doing is covering it some way, we are not sure yet until we get it in there. We do not know how far down
to go because of the rock. What they had designed would have cost more than the whole camp we got so
we, that is when we decided to go to two smaller seventeen hundred and fifty gallon tanks.
Councilman Monahan-So, this says out side height was seven wait a minute we are on the four thousand,
do we have a new one for, a new one, a new plan?
Mr. Koenig-I am not sure. I went over it with the building inspector and..
Supervisor Champagne-This is the one done by Dick Morse.
Mr. Koenig-Yea, that is the one that I am talking about but the tank
Councilman Monahan-but this is the four thousand
Mr. Koenig-the tank has been designed changed to two seventeen hundred and fifty gallons rather than that
big thing.
Executive Director Martin-When did you change it?
Mr. Koenig-When?
Executive Director Martin-Yea.
Mr. Koenig-The past summer when I was talking to the building inspector. There was no way you could
put that big thing in there.
Councilman Monahan-Do you know what the height is going to be?
Mr. Koenig-The height, I can give you, I can show you a copy of, it is going to be about five feet high. I
think it is about fourteen and a halffeet long and we are going to try and put them in like a T so that they
are back against the bank. I have a picture it is not here but in the car of what the design ...Troy that
designed these that make them they are pre-cast.
Supervisor Champagne-Unfortunately we do not really have a plan on what you are talking about so we do
not know the height or ...
Mr. Koenig-The only thing that you do not have then is that sketch of the tank itself then.
Supervisor Champagne-We are working off of a forty..
Mr. Koenig-Well, I will have to give you, I can get it out of the car a copy
Councilman Monahan-And we really need to see how that is going to get sighted on that lot, too.
Executive Director Martin-It will be sighted in the same location.
Mr. Koenig-Oh yes, it has got to be in the same, the engineering, they said it can only be in that one spot.
Councilman Pulver-Jim, has someone been out to the site?
Executive Director Martin-Yes, Dave has been there, he could not make it here tonight, Dave has been to
the site.
Town Clerk Dougher-Betty there is a letter in the file there from Dave.
Supervisor Champagne-It is attached to the resolution.
To be surrounded by a retaining wall which will somewhat screen the holding tank.
Mr. Koenig-right.
Supervisor Champagne-What kind of retaining wall?
Mr. Koenig-It is going to be the treated wood and you have got to put dirt, you have to cover it with dirt
and then your retaining wall goes up and then we will probably put some hedges and shrubs around to
block it.
Councilman Monahan-It is a narrow lot.
Supervisor Champagne-I will tell you I do not think there is much choice, he is on ledge.
Councilman Goedert-It says that in the letter.
Councilman Pulver-There is no choice.
Councilman Monahan-Well, I am just thinking of the impact on the neighbors, do we have any comments
from the neighbors anyplace.
Executive Director Martin-No, we have not received any in our office.
Mr. Koenig-The only neighbor that would be able to see it is the one right to my south and I was at a
meeting Monday night there in Florida and they have no objection to it. The other ones, because the rock
ledge is too high to the east they cannot see it, my place is to the west and then it is going to be covered by
the other rock ledge on the north side.
Councilman Goedert-Sir, is the system that is on the premises now in a failed state?
Mr. Koenig-I do not even know what it is?
Supervisor Champagne-It has got to be an improvement then.
Mr. Koenig-From what I hear.
Councilman Monahan-My only concern is that we do not make an impact on the neighbors like that case
that we had up there that we had so much trouble with.
Councilman Goedert-The neighbors were notified.
Supervisor Champagne-Do you have any idea of the height of this?
Mr. Koenig-Five feet high. Fourteen feet long.
Supervisor Champagne-Some of which will be buried as far as the lot is concerned?
Mr. Koenig-No, you see that is the problem, we are not going to be able to dig down because, it is all rock,
so we are going to have to put a layer of crush stone and then sit it like they have on there and sit it like
that.
Supervisor Champagne- I just cannot think of any other alternative to be honest with you.
Councilman Turner-There isn't any.
Supervisor Champagne-Ok, any other concerns.
Mr. Koenig-Do you want me to get a copy of that?
Supervisor Champagne-No I am satisfied with what I am hearing, here tonight.
Executive Director Martin-Encompass it with some hedges you said?
Mr. Koenig-Oh, yes, I want to dress up my ownself, you know and dress it up so I cannot see it.
Supervisor Champagne-One of the reasons why the Board is a little bit skiddish here is that we have had
some real Court action over exposed holding tanks.
Executive Director Martin-Above ground holding tank.
Supervisor Champagne-Above ground holding tanks, we just want to make sure
Mr. Koenig-I would love to bury this thing ifI could but I do not want to blast with someone well next to
me.
HEARING CLOSED
RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE
FOR FRANCIS R. KOENIG
RESOLUTION NO.: 10.97
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, Mr. Francis R. Koenig previously filed a request for a variance from certain
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more
specifically those requiring that there be a 50 feet distance between a holding (septic) tank and a seasonal
stream, and
WHEREAS, a notice of public hearing was given in the official newspaper of the Town of
Queensbury and a public hearing was held in connection with the variance request on April 7, 1997, and
WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property
have been dilly notified,
NOW, THEREFORE, BE IT
RESOLVED,
a) that due to the nature of the variance, it is felt that the variation will not be materially
detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise
conflict with the purpose and objectives of any plan or policy of the Town of Queensbury;
b) that the Local Board of Health finds that the granting of the variance is necessary for the
reasonable use of
the land and that the variance is granted as the minimum variance which would alleviate
the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and
c) that the Local Board of Health imposes a condition upon the applicant that he must also
secure the approval of the New York State Department of Health;
and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to
Mr. Francis R. Koenig allowing a 13 feet distance between the holding (septic) tank and a seasonal stream
in lieu of the required 50 feet distance on property situated on Hanneford Road, Town of Queensbury, New
York, and bearing Tax Map #: Section 19, Block 1, Lots 13.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION ADJOURNING BOARD OF HEALTH
RESOLUTION NO. 11.97
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pu1ver
RESOLVED, that the Queensbury Board of Health is hereby adjoined.
and the Board moves back into Regular Session.
Duly adopted this 7th day of April, 1997 by the following vote:
AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES; None
ABSENT: None
REGULAR SESSION
PUBLIC HEARING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET
OPENED PUBLIC HEARING NOTICE SHOWN
RANDY TOMPKINS TO HOLD A NATIVE AMERICAN FESTIVAL AT WEST MOUNTAIN SKI
CENTER JUNE 4-5-1997
Supervisor Champagne-Anyone here to speak on behalf of this project? Would you introduce yourself
please?
Jim Kristolski
Randy Tompkins
Supervisor Champagne-And Randy you are from?
Mr. Tompkins-Hunter, N.Y.
Supervisor Champagne-And you are
Mr. Kristolksi-From North Country Cycle.
Supervisor Champagne-Tell us a little bit about what your intentions are?
Mr. Kristolski-To have a two day Indian Festival, Native Indian Festival it will be consisting of the
dancing, competition dancing, they are going to have a Falcon show.
Mr. Tompkins-You have to be a Native American Indian to be a vendor at this particular, at this particular
show, we will have all different Indians from Quebec, Michigan, basically we have got about four different
groups of Indians coming down to vend and to also do story telling. Corn Husk dolls that whole area of
Native American Indians the jewelry and all of that.
Supervisor Champagne-Are we all set? Anyone from the audience care to speak for or against this plan?
Hearing none, I will ask the Board any questions?
Executive Director Martin-there is someone in the audience?
Supervisor Champagne-I am sorry, yes.
Unknown-Questioned if there was an admission fee?
Mr. Tomkins-Yes there is. Eight dollars.
Supervisor Champagne-Jim, I would have to believe that they have met all the requirements up to this
point.
Executive Director Martin-Actually they have been around quite a while they have been to the Planning
Board, the Planning Board gave them a positive recommendation we asked them for some further
information, I think maybe as long ago as last fall, regarding emergency services, parking and that type of
thing and gotten all the information. It has been before you a couple times at workshop as far as I can see
all the information is there.
Mr. Tompkins-About two weeks ago we have our hill climb now is AMA sanctioned. it means a lot to us
getting that sanction and we finally did get that sanction for the hill climb.
Supervisor Champagne-I guess that was your question.
Mr. Kristolski-That is what Mrs. Monahan had asked about that at the workshop.
Councilman Goedert-That is a separate
Supervisor Champagne-I understand that. Ok, any other concerns from he audience, questions from the
board?
RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT
MARKET LICENSE FOR RANDY TOMPKINS TO HOLD A NATIVE AMERICAN
FESTIVAL AT WEST MOUNTAIN SKI CENTER ON JUNE 4-5, 1997
RESOLUTION NO.: 135.97
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, Randy Tompkins has made application to the Town Board of the Town of
Queensbury for a Transient Merchant and/or Transient Merchant Market license to hold a Native American
Festival at the West Mountain Ski Center on June 4-5, 1997, in accordance with the provisions of Chapter
160 of the Code of the Town of Queensbury, and
WHEREAS, on or about February 25, 1997 the Town of Queensbury Planning Board adopted a
resolution recommending site plan approval of Mr. Tompkins's transient merchant market proposal, and
WHEREAS, on or about February 12, 1997, the Warren County Planning Board also
recommended approval of the proposal, and
WHEREAS, a Notice of Public Hearing was published in the official newspaper of the Town of
Queensbury and a public hearing was duly held by the Town Board of the Town of Queensbury in
connection with the license application on April 7, 1997,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, upon reviewing the requirements
set forth in ~160-8 of the Code of the Town of Queensbury, hereby grants a Transient Merchant and/or
Transient Merchant Market license to Randy Tompkins to hold a Native American Festival at the West
Mountain Ski Center, Queensbury, subject to the following:
1.
Queensbury;
Mr. Tompkins must pay all fees as required by Chapter 160 of the Code of the Town of
2. Mr. Tompkins must submit a bond in the amount of $10,000 as required by Chapter 160
of the Code of the Town of Queensbury;
3. Mr. Tompkins must submit proof of authorization to do business in New York and
authorization of agent to receive service of summons or other legal process in New York;
4. The License shall be valid only on June 4th and 5th, 1997 and the license shall expire
immediately thereafter;
5. The Transient Merchant License shall not be assignable; and
6. Mr. Tompkins must comply with all of the regu1ations specified in ~160-8 of the Code of
the Town of Queensbury.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
PUBLIC HEARING CLOSED.
PUBLIC HEARING OPENED NOTICE SHOWN
TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR RANDY
TOMPKINS TO HOLD A MOTORCYCLE HILL CLIMB AT THE WEST MOUNTAIN SKI CENTER
ON JUNE 6, 1997
Supervisor Champagne-Tell us a little bit about that.
Mr. Kristolski-That is where I come in, the Hill Climb will be, the gates will open at 9:00 there will be no
bikes started before 11 :00 now that it is an AMA event, everything has to be an AMA approved so there
will not be any real loud mufflers, or anything like that. The competition will start at 12:00 o'clock and
hopefully it will be over at about 4:30,5:00 o'clock. There will not be anybody riding their bikes around
the parking lot because there is only competition for on the hill only.
Councilman Goedert-How many bikes do you expect?
Mr. Kristolski- Hopefully 30-40.
Executive Director Martin-Do you know what time it will go till?
Mr. Kristolski- 4:30,5:00 o'clock.
Supervisor Champagne-So 11:00 to 4:30,5:00.
Councilman Monahan-Competition is 12:00.
Mr. Kristolski-That is what time it starts but everybody likes to start their bike an hour earlier and make
sure everything is ok.
Councilman Monahan-How many classes are you going to have?
Mr. Kristolski- Seven. Fifty CC's to the open class.
Supervisor Champagne-Now, is this being advertised throughout the Northeast or is this something New
York State
Mr. Kristolski -Yes, AMA is a Wodd Magazine so, it will be in the AMA Magazine, plus it will be
advertised both of these events are in the Americade Schedules that Bill Dutcher puts out.
Councilman Goedert-They are in his schedu1e?
Mr. Kristolski- Now they are.
Mr. Tompkins-We just talked to him today.
Councilman Goedert-We spoke earlier at a workshop in reference to as to what is going to be required from
the other services within the Town of Queensbury, what is, what did you end up doing as far as EMS and
Fire?
Mr. Kristolski-We had given the Planning Dept. a list of the EMT's and it was you that I spoke to about we
were going to get a ambulance from your rescue squad.
Councilman Goedert - I would not wait until the last minute to do that.
Mr. Tompkins-Our EMT's, Cindy and Jeff Louks they have been in touch with I do not know if I brought
his name here or not...
Mr. Kristolski-They have already called about an ambulance from the area.
Councilman Monahan-Doesn't AMA require you to have an ambulance on the grounds while the races are
going on?
Mr. Tompkins-Absolutely.
Councilman Monahan-Maybe even two.
Mr. Kristolski-The EMT is for this whole event, there is only AMA requires you to have one and if
somebody has to be taken transported to the hospital the races cannot start again until another one comes on
the scene.
Supervisor Champagne-That is going to be a very busy weekend
Mr. Kristolski-With the air show, but this is Wednesday, Thursday and Friday this is not on a weekend.
Mr. Tompkins-I can get you that name, I do not have that name with me right now, but I can call up that
name and give it to you and the rescue squad or ambulance.
Councilman Goedert-Did you say Wednesday, Thursday and Friday?
Mr. Tompkins-June 4th, 5th and 6th.
Executive Director Martin-He is talking about the Indian fest is Wednesday, Thursday, the hill climb is one
day only on Friday.
Councilman Goedert-.J am talking about the hill climb, ...the Native festival would not require an
ambulance.
Mr. Tompkins-Right, but the EMT's will be there throughout the whole event.
Councilman Goedert-What I am talking about is the hill climb which is scheduled for the 6th right?
Mr. Tompkins-Yes, on Friday.
Councilman Goedert-That is a Friday?
Mr. Kristolski -Yes.
Councilman Monahan-You would have a hard time getting personnel out on a Friday for something like
that? I mean to tie them up.
Councilman Goedert-They have obviously have talked to somebody other than West so, get in touch with
me immediately.
Supervisor Champagne-Ok. Any other concerns from the audience, anyone care to speak for or against this
activity? Hearing none, any other questions from the Board? Close the public hearing, and please vote.
RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT
MARKET LICENSE FOR RANDY TOMPKINS TO HOLD A MOTORCYCLE HILL
CLIMB AT THE WEST MOUNTAIN SKI CENTER ON JUNE 6, 1997
RESOLUTION NO.: 136.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Randy Tompkins has made application to the Town Board of the Town of
Queensbury for a Transient Merchant and/or Transient Merchant Market license to hold a Motorcycle Hill
Climb at the West Mountain Ski Center on June 6, 1997, in accordance with the provisions of Chapter 160
of the Code of the Town of Queensbury, and
WHEREAS, on or about February 25, 1997 the Town of Queensbury Planning Board adopted a
resolution recommending site plan approval of Mr. Tompkins's transient merchant market proposal, and
WHEREAS, on or about February 12, 1997, the Warren County Planning Board also
recommended approval of the proposal, and
WHEREAS, a Notice of Public Hearing was published in the official newspaper of the Town of
Queensbury and a public hearing was duly held by the Town Board of the Town of Queensbury in
connection with the license application on April 7, 1997,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, upon reviewing the requirements
set forth in ~160-8 of the Code of the Town of Queensbury, hereby grants a Transient Merchant and/or
Transient Merchant Market license to Randy Tompkins to hold a Motorcycle Hill Climb at the West
Mountain Ski Center, Queensbury, subject to the following:
1.
Queensbury;
Mr. Tompkins must pay all fees as required by Chapter 160 of the Code of the Town of
2. Mr. Tompkins must submit a bond in the amount of $10,000 as required by Chapter 160
of the Code of the Town of Queensbury;
3. Mr. Tompkins must submit proof of authorization to do business in New York and
authorization of agent to receive service of summons or other legal process in New York;
4.
thereafter;
The License shall be valid only on June 6, 1997 and the license shall expire immediately
5. The Transient Merchant License shall not be assignable; and
6. Mr. Tompkins must comply with all of the regu1ations specified in ~160-8 of the Code of
the Town of Queensbury.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
PUBLIC HEARING NOTICE SHOWN
A LOCAL LAW OF THE TOWN OF QUEENSBURY ESTABLISHING A TEMPORARY
MORATORUM ON ADULT USES AND ADULT ENTERTAINMENT USES
PUBLIC HEARING OPENED
Supervisor Champagne-Anyone here for or against?
Unknown-Can you read it first so that we can react to it?
Supervisor Champagne-I will do my best.
Town Clerk Dougher-I have copies available if anyone wishes to ...
Unknown-You are asking people to make comments...
Supervisor Champagne-Here it goes, Purpose, Section 1. The Town Board hereby finds that the conduct of
adult uses within one-thousand feet of institutions of religious worship, schools, zoning districts which
allow residential uses or any existing adult uses, results in decreased property values, increased loss of
business for non-adult businesses and deterioration of residential neighborhoods. I am going to skip a little
bit of what is there and go to definitions. That is basically the purpose. As used in this law the following
terms shall have the meanings indicated. Adult Entertainment uses: A public or private establishment, or
any part thereof, which presents any of the following entertainments, exhibitions or services, it talks about
topless dancing, bottomless dancers, strippers, topless waitressing, busing or service, topless hair care or
massages and those kinds of things. Adult Arcade, any place to which the public is permitted or invited
wherein coin-operated or slug-operated or electronically, electric or mechanically controlled still or motion
picture machines, projectors or other images producing devices are maintained to show images to five or
fewer persons per machine at anyone time. Adult Book store or Adult Video Store, A commercial
establishment which offers for sale or rental for any form of consideration anyone or more of the
following: Books, magazines, periodicals, printed matter, video reproductions, that is A. B would be
instruments, devices or paraphernalia which are primarily intended, labeled, designed, advertised or
promoted for use in connection with specified adu1t activities. It goes on to talk about Adult Cabaret,
basically it's those kinds of concerns that I have just addressed. Now Moratorium, after the effective date
of this Local Law, no Town Official, Department or Board may accept review or approve any applications
for the conduct or expansion of adult uses and adu1t entertainment uses within one thousand feet of
institutions of religious worship, schools, zoning districts which allow residential uses or any existing adu1t
uses in the Town of Queensbury. So, it is moratorium until such time as we can devise a law that is going
to fit the Town of Queensbury.
Executive Director Martin-It is one hundred and eighty days also.
Supervisor Champagne-I am sorry it is one hundred and eighty days. Yes. So, with that read now, Sir, you
were the first one to speak do you have any comments you would like to make?
Mr. Dick Mates-My name is Dick Mates, I live at 42 Willow Road, and on the day this video store
controversy appeared in the newspaper, I purchased something in Sokols Market which as you know is in
the same plaza which I would not ordinarily purchase, it was a magazine, right up front by the check out
counter where little kids can see it, this one happens to be called American Woman, I am not picking on
Sokols Market you can buy this stuff in any drug store. Let me read you the lead story right on the cover,
Incredible Orgasms with or without a man and it becomes more and more graphic
Now, I am pretty broad minded but it is apparent I am far more offended by stuff like this, right in my face
in every supermarket in every drug store in every convenient store than I am about the presence of some
adult videos hidden away in a back room of a video store. My question for the Board is if I get twenty or
thirty people to come to a board meeting and protest things like this are you going to broaden the
moratorium against printed material of a sexual nature? And if the answer is yes, how are you going to
decide what is appropriate and what isn't appropriate. I hope you do not consider that because for one thing
you would be up here every night to four in the morning deciding what is ok, for the public to see and what
isn't ok for the public to see. Beyond that I think when this board gets into a position of making decisions
of what adu1ts can see or not see or read or not read or view or not view you are getting into really murky
waters. I have no interest in renting an adu1t video but I do not know that I have the right to tell someone
else they cannot see an adult video and I certainly am troubled by the board deciding what people can read
and see and view and so forth. It seems to me that this is just one more example of this board jumping to
assist the interest of special interest groups whether it be people protesting adult videos or people what to
develop property you are very willing to change zoning regulations, I just do not think this is what the
board should spend it's time doing. Thank you.
Supervisor Champagne-Thank you.
Jim, there is...
Executive Director Martin-The first thing I would point out that this is a moratorium on only some places
in Town, it is not committing it on all places in Town it is within a thousand feet of the areas identified.
Supervisor Champagne-The printed matter is already a law.
Councilman Monahan-Yea, under our obscene materials chapter 118.
Supervisor Champagne-So there is certainly there is reason to believe ...
Councilman Pulver-I think that what he is saying is how do you police that, you cannot police that.
Councilman Monahan-Well, I think, yes we can we have building inspectors in this town and when they are
out they certainly can take some.. around as we have had to do before and ...
Councilman Goedert-As I said we need to give our building inspectors badges and guns.
Councilman Monahan-We have had this problem before and we have notified the store owners that what
you have exposed where you have it is absolutely illegal in this Town and they have been cooperative and
put it where it belongs.
Supervisor Champagne-Ok, John.
Mr. John Salvadore-My name is John Salvadore, Fred you read an opening paragraph on that resolution
could you please repeat it?
Supervisor Champagne-On the opening paragraph.
Mr. Salvadore-Your findings.
Supervisor Champagne-The Town Board hereby finds that the conduct of adult uses within one thousand
feet of institutions of religious worship, schools the zoning districts that allow residential uses or any
existing adult uses results in decreased property values, increased loss of business for non-adu1t businesses
and deterioration of residential neighborhoods.
Mr. Salvadore-How did you make this determination that there is decreased value?
Supervisor Champagne-Well, I guess I would have to lay this over on the guy that wrote this.
Executive Director Martin-I did not make any determination it is a finding and I would believe that those
findings are worn out in studies on this issue, if you wanted to research in depth and detail you would find
that to be the case.
Mr. Salvadore-Can we reference them? The board is going to predicate its decision on establishing a
moratorium on some facts not perceptions.
Supervisor Champagne-I guess what we are saying is correct me Jim, is that at this point we are of the
opinion that there could be some detrimental impact on the neighborhood that sell pornographic movies,
video whatever. We have not come out and said this you know.
Councilman Monahan-I think that this was borne out Fred by the people that have appeared in front of us
and their comments about what they felt, they live in those neighborhoods and how they felt effected them.
Supervisor Champagne- I guess your question is can we as a Board pass judgement on morals? That is
really the question.
Mr. Salvadore-Everyone is free to vote with their feet and not patronize these places that sell what they
believe is offensive material, just go someplace else and shop and the proprietors will get the message.
Councilman Goedert-Well, John I have no problem with, the only thing that I was looking for was an area
that you could send your kids off to school and they did not have to by-pass this they did not have to be
involved in this.
Mr. Salvadore-They do not have to go in these stores.
Councilman Goedert-That is all right, I believe that it is the job of the community to raise all of our
children and if I can protect them, it does not have to be within a thousand feet of the school or the church
that is all I am asking for, if they went too far with this, then they went too far with this. It does not need to
be in a residential area. Put it in a business area, put it down in the shopping centers, where the kids aren't
hanging out.
Mr. Salvadore-Are these businesses, are these businesses there as a permitted use?
Councilman Goedert-The business that brought this on was the video place up a Sokols.
Mr. Salvadore-I understand.
Councilman Goedert-Within the school area...
Mr. Salvadore-Parents can instruct their children not to patronize go near go in shop there.
Councilman Monahan-But do those children have a right to go in some of these stores, some of these
markets and pick up gum or whatever or are we saying our children cannot go into anything, John, I think
this Country.
Mr. Salvadore-No we are not telling
Councilman Monahan-Well, I think you are.
Mr. Salvadore-Well, it is not the role of government to afford these kinds of
Councilman Monahan-I think it is the role of government to protect our children from certain things, you
know, just like you do not have the right to yell fire in a crowded theater. I think some of the things that we
do have the right and we should protect children from some things today there are some other people that
think it does not matter and I think we are picking up some of the results of that today.
Mr. Salvadore-Well, there are other ways to accomplish the task, I do not particularly agree with this.
Councilman Monahan-Sure there is there is a way to accomplish it by putting somebody with everyone of
these children every single minute of the day, I do not think it ought to be necessary.
Mr. Salvadore-It is called a parent.
Councilman Monahan-And a parent should not have to expend sixty minutes of every hour, twenty four
hours a day because society has a lot, a whole slew of stuff around children that they should not have let in
the first place.
Supervisor Champagne-Do you care to argue anymore John?
Councilman Pulver-John, many of these stores sell materials the entice children to come into the store,
which is, and the children are going to go into these stores just to get candy, gum and see Disney Movies
and what not
Mr. Salvadore-All kinds of products are marketed to entice you to purchase whether it is the color the size
the shape the height.
Councilman Pulver-But they are more apt to get children if you are within a thousand feet of a school.
Supervisor Champagne-It is a moratorium, we have three months, six months to take a look at it and there
will be a public hearing at that point.
Mr. Salvadore-Those that are in business doing this can continue during this moratorium?
Councilman Monahan-Absolutely not.
Supervisor Champagne-Sure.
Councilman Monahan-No you cannot, a moratorium says you are not going to do it.
Supervisor Champagne-Wait a minute, if a place of business is operating right now, whatever they are
doing right now this moratorium isn't going to do anything to that is it? The moratorium just stops any
future, that is my understanding.
Councilman Monahan-But, I do not know if any of these are going on now and the stuff like we are talking
about magazines have already been tackled under the obscenity law that we have.
Councilman Goedert-I have some questions here, the gentleman that had the magazine is that, what would
you classify that Betty?
Councilman Monahan-What?
Councilman Goedert-His magazine.
Councilman Monahan-We would have to look at this things that we got there and I would have to see that
magazine and review...
Councilman Goedert -Can we just see your magazine cover?
Jim, lets go through this step by step.
Councilman Monahan-I do not think really it is fair to put Jim on the spot to make a instant decision.
Councilman Goedert-This is a regu1ar magazine.
Councilman Pulver -Yes, so?
Councilman Monahan-That is why I say, Jim would need to take that check our laws, review it and
carefully consider whether or not that is in violation.
Councilman Goedert-There is something wrong then there is no way that this can be enforced the way it is
written here.
Executive Director Martin-I will just tell you that is printed material and it is going, I think it is going to be
item A at the bottom of page two, books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides or other visual representations which
depict or describe "specified adult activities." And that is described on page five I would rather you just
have me read it I really do not want to, it is rather graphic in nature.
Councilman Goedert-Adu1t activities. Is an orgasm an adult activity?
Executive Director Martin-This means or includes anyone of the following: Actual sex acts, normal or
perverted, including intercourse, oral copulation or sodomy; if its depicted or described within that
magazine then yes, that would be in violation of this moratorium.
Mr. Gilbert Boehm-..Cosmopolitan...
Mr. Salvadore-I have a concern that you are basing your decision on a perception rather than some facts,
that is all.
Supervisor Champagne-Thank you. Yes, sir.
Mr. Tom O'Connor-My name is Tom O'Connor I live at 24 Hampton Court in Queensbury, actually I was
not here for this topic at first but it seems to be such a heated battle that it seems like you picked up the
schools within a hundred yards
Unknown-Thousand feet.
Mr. O'Connor-A thousand feet, what about kids in the mall, I do not know if any of you guys have been to
the mall lately but I went their Easter Sunday with my son, or the day before Easter and one of the books in
the book store by J.C. Penny's was ....acts of sex to heighten your relationship something like, it was right
out, right in the front and this was a book store are we going to take this one more ...our local book stores,
maybe even our public library has something that maybe we should start policing too. We can have a little
burning on, out in the yard or something. I happen to agree with this gentlemen that was just up here
maybe what we should be doing is you know, if we had an adult book store, what I picture as a adu1t book
store that maybe you blacken the windows and you say adult book store and you let people of age 18 and
above to go in. For policing you know, I have two little kids myself so it is not like I am trying to say
something that I am in favor of pornography I am not, but for me to dictate what the previous gentleman
said for me to dictate what some other adult can do or read.
Councilman Monahan-I think maybe you are missing the point. We are not dictating we are just saying
that they do not belong within a thousand feet of a school, a church or residences.
Mr. O'Connor-I am sure there are more children walking around in the Aviation Mall unattended by their
parents.
Councilman Monahan-Well then that probably is a parent's responsibility that when you are in the mall
they should be with them, but certainly children should be able to walk to school.
Mr. O'Connor-I do not disagree with walking to school, but like another person said Cosmopolitan in Shop
and Save there are kids walking around that mall all the time it is only a small little mall but there are kids
in the book section reading stuff. Where are you going to draw the line? I think you know one of the
words in there that I thought I heard you say was periodicals so now are we going to, there are actual
periodicals there for self help for adu1ts that want to increase their relationship with their spouse are we
going to say that they cannot read those also? I mean, if they are in a local store I am starting to wonder if
this Board is not treading off the beaten path. Thank you.
Supervisor Champagne-Thank you. Anyone else, Yes.
Ms. Connie Schwartz-My name is Connie Schwartz, 71 Old Mill Lane in Queensbury. I am not a public
speaker so it is very difficult for me to get up here. The last time I spoke after I went home I saw an
address about morality in the media and I sent after some information and this certainly states my feelings
and so I am going to ask you to listen to some of the things. It says that Americans, hundreds and
thousands of Americans are concerned about what we are talking about tonight. It isn't just a few local
people a few people here and there we are all here concerned about the terrible things that have happened
to America since we were young. The truth about pornography has been obscured by the pornography
industry and the mass media. The truth is that pornography in this high tech age has .... contaminated every
vehicle of mass communication. The consequences are deadly. Children are corrupted or traumatized,
women are debased, men are seduced into porno addictions, marriages are wrecked, sexual violence is
encouraged, love, marriage and religious convictions are mocked as teenage pregnancy abortions and
venereal diseases sky rocket. Children have been sexually molesting other children. Although common
sense alone should tell us that pornography is distortions of human sexuality are harmful to individuals,
families and communities. Much research and clerical evidence exist to validate their harm. The brochure
goes on with many many specifics and I am only going to read a couple of them. Detective William .... of
the Los Angles police department stated that of the seven hundred child molesters in whose arrests he had
participated during the last ten years more than half have had child pornography in their possession. In
1985 the FBI interviewed thirty six serial sex murders, eighty one percent admitted they were users of
pornography. In 1983 Dr. William Marshal a Canadian physiologist found that eighty seven percent of the
girl child molesters and seventy seven percent of the boy child molesters studied, admitted to regular use of
hard core adu1t pornography. Studies of clinical case histories show that repeated exposure to pornography
results in compulsive and deviant behavior and in many cases leads to sex crimes. One study proved
conclusively that repeated exposure to pornography often results in sex crimes after treating approximately
two hundred and forty sex offenders or individuals with sexual illness. Dr. Victor ...a clinical psychologist
and professor at the University of Utah determined that exposure to pornography led to their deviant
behavior. Dr. ...also discovered a near universal factor syndrome among the two hundred and forty
individuals: 1. Addiction Pornography addiction is the first step in this syndrome. Pornography provides a
very powerful sexual stimu1ant followed by equally powerful fantasies. 2. Escalation With the passage of
time a pornography addict requires more explicit rougher and more perverted sexual material to give him
that sexual high. 3. Desensitization- Addicts reach a point where shocking and repu1sive and immoral
sexual behavior become acceptable and common place. In their minds deviants legalize the sexual activity
they witness no matter how gross and perverted. 4. Acting out Eventually addicts exhibit tendencies to act
out sexual behaviors they have viewed in hard core pornography material from frequenting prostitutes to
molesting children and women. The best evidence available today suggests that all sexual deviants are
learned and none is inherited. ...learning are found in phonographic magazines and videos.
Supervisor Champagne-Thank you. Yes. Mama
Ms. Christine Garden-First I would just like to say that I applaud the board by being educated on the effects
that this type of stuff does have to our community...
Board asked for name and address
Ms. Christine Garden-Christine Garden, 2 Fox Hollow and in regards to the first man who spoke showing a
ladies magazine you know I think we do need some kind of common sense realizing that this is not going to
appeal to young children, I mean it is on sale for a women basically to read and I do not think you could put
the same category as the type of adult entertainment. The second man who spoke and said that how does
the Town Board determine the decrease in property values, well, there are studies done I think the Town
Board saw some of the studies that were done and received that information from New York State. New
York State Board of Realtors has produced a paper on that and if you are interested in that we can produce
that. Also, the New York State study that was done shows that the property values when these types of
entertainment come into the community go down. The third man that spoke said that you know they do
have things in the mall but that is an area that you have to drive your children to it is not area that they
would be walking home from school or you know recreational activities going around in there that is a
place where they have to basically be driven to. And other than that, I just want to again thank the board I
think they are heading in the right direction to make our community a nice place to live. And it is
according to New York State Law the Town Board can determine what is obscene if I am not overstating it
that it is up to our Town Board to determine what is obscene. So, I think they are well within their powers
to do that. Thank you.
Supervisor Champagne-Thank you. Anyone else? Any other comments from the Board.
Councilman Goedert-I have some comments, or I have some questions.
Supervisor Champagne-Ok.
Councilman Goedert-In reading the moratorium I have a number of questions, my only concern is that we
got in over our heads as far as being able to decider what is in this. A nude model studio is that where the
interpretation of that is going to be anywhere that there is an art class?
Executive Director Martin-Well, I think it is fairly, the two main definitions of this whole law because all
these other definitions about the places, the various different types of places basically make reference to
two phrases, specified anatomical areas specified as adu1t activities.
Councilman Goedert-That was my second question.
Executive Director Martin-If either one of those, if something like what you are saying you know involved
one of the specified anatomical areas then yes, it would be in violation of the moratorium.
Councilman Monahan-Except Jim it does say other than as part of a course of instruction offered by an
educational institution, so if you are a true art class and you have nude models that is permissible if you are
somebody who is trying to do adult activities under the misnomer of nude model studio as a misnomer of
escort is often used then no you could not do it.
Councilman Goedert -So this specified adult activity then Jim is going to be the actual act?
Executive Director Martin-Yes. Something we took a little step further and this is based on some I think
the gentleman is here tonight and they were very kind to sit and talk with us was the proprietor of Big Dog
Video and I have found, we had like a forty five minute discussion with him I want to thank him for the
time he took in educating us as to how at least some of the videos systems works. Something that he found
especially offensive and I was not even aware it existed was this and I have one of the brochures and this is
just something he has been sent to him as a proprietor and he let me take this as an example it's 1997
catalog of actual dismemberment and you know acts of violence. Not just illustrated or performed but
actual news clips one of the things in here actually like a women's head being crushed by a truck an
accident.
Supervisor Champagne-This is coming to him?
Executive Director Martin-These are either called like clips or something like that.
Councilman Monahan-They wanted to buy the videos to sell.
Executive Director Martin-These are videos that are offered to him to buy and put out back for rental and
that the titles are traces of death, violent I do not want to put it on the record, just, Jeffrey Domner,
fictionalized stories of murder so that is the one thing you are trying to deal with also and actual acts of
dismemberment and mutilation of human or animals would also be covered.
Councilman Goedert-What the moratorium is actually doing is not allowing any of this to take place within
a thousand feet of those chosen.
Mr. Gilbert Boehm-I guess you just raised another issue I think and that is how about gangster rap music?
Should you include that to? How do you do it?
Supervisor Champagne-Good question. Thanks. Yes, Sir.
Mr. Phil Olrick-My name is Phil Olrick and I am the proprietor of Big Dog Video I just want to clarify for
the moment that material that Mr. Martin, we passed onto Mr. Martin was material we did not solicit, by
nature of our business much of that arrives to us.
Executive Director Martin-I do not want to, it is just something he gets sent to him he does not have, he
does not ask for it to be sent to him either.
Supervisor Champagne-Any other questions, comments? From the Board.
Unknown-If this goes through, ..what's the moratorium mean?
Supervisor Champagne-It just shuts down,
Councilman Goedert-Within a thousand feet of these areas.
Supervisor Champagne-Ok, where are we here. Close the public hearing.
RESOLUTION TO ENACT LOCAL LAW NO. 2,1997
A LOCAL LAW OF THE TOWN OF QUEENSBURY ESTABLISHING A
TEMPORARY MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT USES
RESOLUTION NO. 137.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury feels that adu1t uses and adult
entertainment uses in proximity to religious institutions, schools, residential uses and other adult uses may
constitute a detriment to the health, safety and welfare of the people of the Town of Queensbury, and
WHEREAS, the Town Board of the Town of Queensbury is therefore considering regu1ation of
such adult and adult entertainment uses in the Town through Local Law, and
WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting Local Law NO.2
of 1997 entitled "A Local Law of the Town of Queensbury Establishing a Temporary Moratorium on Adu1t
Uses and Adu1t Entertainment Uses," which Law shall authorize a temporary moratorium on the conduct of
new adult uses and adult entertainment uses within one-thousand feet (1,000') of institutions of religious
worship, schools, zoning districts which allow residential uses or any existing adu1t uses in the Town of
Queensbury while the Town contemplates regu1ation of such uses through further Local Laws, and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting, a copy of said
Local Law also having been previously given to the Town Board at the time the Resolution was adopted
which set the date and time for the public hearing, and
WHEREAS, a public hearing with regard to this Local Law was duly conducted on April 7, 1997,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local
Law Establishing a Temporary Moratorium on Adu1t Uses and Adu1t Entertainment Uses" to be known as
Local Law NO.2 of 1997, the same to be titled and contain such provisions as are set forth in a copy of the
proposed Law presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said
Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal
Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
3.0 CORRESPONDENCE
NONE
4.0 RESOLUTIONS
RESOLUTION DETERMINING THAT PROPERTY OWNED BY
RITA FRASIER/FL YNN IS UNSAFE - TAX MAP NO. 102-1-22
RESOLUTION NO. 138.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, David Hatin, Director of Building & Code Enforcement of the Town of Queensbury,
has advised that he has investigated and inspected certain property located at 692 Glen Street, Town of
Queensbury, and bearing tax map no. 102-1-22, and has made findings as more specifically set forth in a
letter dated November 9, 1994, a copy of which is presented to this meeting, and
WHEREAS, David Hatin has advised the Town Board of the Town of Queensbury that he re-
inspected the building on March 24, 1997, and in his opinion, the vacant structures on the property present
a hazard and a nuisance to the neighborhood and are unsafe to the general public and has asked the Town
Board of the Town of Queensbury to take action to have the property secured if the property owner fails to
board up said structures, and
WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the
New York State Town Law, the Town Board may by Resolution determine whether in its opinion the
structures are unsafe and dangerous and thereafter order their repair or demolition and removal and further
order that notice be served upon the owner or other certain persons interested in said property,
NOW, THEREFORE, BE IT
RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of
the Town of Queensbury is of the opinion that the property and structures thereon, bearing tax map number
102-1-22, appear to be:
1. Presently unsafe and dangerous;
2. Potentially an object of attraction and danger to minors; and
3. Unfit for the purposes for which they may be lawfully used;
and
BE IT FURTHER,
RESOLVED, that all exterior doors and windows on the first floor and basement area should be
boarded up, and
BE IT FURTHER,
RESOLVED, that pursuantto Chapter 60 of the Code of the Town of Queensbury and ~130(16) of
the New York State Town Law, the Director of Building & Codes be and hereby is authorized to serve a
Notice setting forth the Town Board's determinations upon the owner(s) of said property or upon the
owner's executors, legal representatives, agents, lessees, and any other person having a vested or contingent
interest in the property, and
BE IT FURTHER,
RESOLVED, that a hearing before the Town Board of the Town of Queensbury, in relation to the
dangerous or unsafe condition of the property shall be held on April 21, 1997, at 7:00 p.m., in the
Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and
BE IT FURTHER,
RESOLVED, that the contents, service and filing of the Notice provided for herein shall be in
accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the
New York State Town Law.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION TO AMEND 1997 BUDGET
RESOLUTION NO.: 139.97
INTRODUCED BY: Mrs. Connie Goedert
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:
BUILDING & GROUNDS:
FROM:
TO:
$ AMOUNT:
01-1990-4400
(Contingency Account)
01-1620-4060-0022
(Service Contracts &
Warranties)
3,000.00
and
BE IT FURTHER,
RESOLVED, that the 1997 Town Budget is hereby amended accordingly.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION CONCERNING SIDEWALK MAINTENANCE ON
THE NEW AVIATION ROAD BRIDGE
RESOLUTION NO.: 140.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the New York State Department of Transportation (DOT) will be replacing the two-
lane Aviation Road Bridge over 1-87 with a five-lane structure, and
WHEREAS, although DOT has assisted the Town of Queensbury to date by maintaining
sidewalks on the Aviation Road Bridge, including removing the snow from the sidewalks, it is technically
the Town of Queensbury's responsibility to maintain these sidewalks, and
WHEREAS, DOT has requested clarification from the Town of Queensbury that the Town will
take responsibility for maintaining the sidewalks on the new Aviation Road Bridge,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges the Town's
responsibility for the maintenance of the sidewalks on the new Aviation Road bridge including the removal
of snow in a timely manner, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Town Supervisor to execute and send a letter to the New York State Department of Transportation stating
that the Town will maintain the sidewalks on the new Aviation Road Bridge.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY
RESOLUTION NO.: 141.97
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Cystic Fibrosis, has requested
permission to conduct a fireworks display as follows:
SPONSOR: Cystic Fibrosis
PLACE: Hiland Park
DATE: May 15, 1997
TIME: 9:00 P.M. (approx.)
NOW, THEREFORE, BE IT
RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York,
~405, is hereby authorized to issue a permit subject to the following conditions:
A. An application for permit be filed which sets forth:
1. The name of the body sponsoring the display and the names of the persons actually to be in
charge of the firing of the display.
2. The date and time of day at which the display is to be held.
3. The exact location planned for the display.
4. The age, experience and physical characteristics of the persons who are to do the actual
discharging of the fireworks.
5. The number and kind of fireworks to be discharged.
6. The manner and place of storage of such fireworks prior to the display.
7. A diagram of the grounds on which the display is to be held showing the point at which the
fireworks are to be discharged, the location of all buildings, highways, and other lines of communication,
the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or
telephone lines or other overhead obstructions.
B. Proof of insurance be received which demonstrates insurance coverage through an insurance
company licensed in the State of New York, and that the Town of Queensbury is named as an additional
insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of
Queensbury;
C. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the
Bay Ridge Volunteer Fire Co., Inc.,
D. Cleanup of the area must be completed by 10:00 a.m., the following day, and all debris must
be cleaned up including all unexploded shells, and
BE IT FURTHER,
RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of
Queensbury shall, pursuant to the Penal Law of the State of New York, ~405, provide:
the actual point at which the fireworks are to be fired shall be at least two hundred feet from the
nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from
the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience
at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which
the fireworks are discharged and only persons in active charge of the display shall be allowed inside these
lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as
nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a
lake or other large body of water, when they may be directed in such manner that the falling residue from
the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the
display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks
remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a
velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall
be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two
such operators constantly on duty during the discharge and that at least two soda-acid or other approved
type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated
points as possible within the actual area of the display.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR EXCAVATION AND DEBRIS REMOVAL AND NEW CONSTRUCTION OF
BOCCI BALL AND SHUFFLE BOARD COURTS AT
QUEENSBURY ACTIVITIES CENTER
RESOLUTION NO. 142.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, the Town Board of the Town of Queensbury is desirous of receiving sealed proposals
for the excavation and debris removal of two existing bocci ball courts and the construction of one new
bocci ball court and one new shuffle board court at the Queensbury Activities Center, 742 Bay Road in the
Town of Queensbury, which project is more specifically identified in the proposed Bid Documents
presented 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 Contract to the lowest responsible bidder meeting New York State Statutory
Requirements and the requirements set forth in the Bid Documents presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that
an advertisement for bids for the excavation and debris removal of two existing bocci ball courts and the
construction of one new bocci ball court and one new shuffle board court at the Queensbury Activities
Center, 742 Bay Road in the Town of Queensbury be published in the official newspaper for the Town of
Queensbury 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 April 25, 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 to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05
p.m., April 25, 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 7th day of April, 1997, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING CLOSING OF
CAPITAL PROJECT FUND #74 AND TRANSFERRING
THE BALANCE TO THE GENERAL FUND #01
RESOLUTION NO.: 143.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pu1ver
WHEREAS, the Town Comptroller's Office of the Town of Queensbury recommends that the
following capital project fund is no longer needed: Fund #74 - T.O.B. Improvements (approximately
$24,700), and
WHEREAS, the funds for the capital project initially came from the General Fund (#01),
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, hereby directs and authorizes the
following capital project fund to be closed and that any remaining fund balance be transferred to the
General Fund #01: Fund #74 - T.O.B. Improvements (approximately $24,700).
Duly adopted this 7th day of April, 1997 by the following vote:
AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING CLOSING OF CAPITAL PROJECT FUND #89
AND TRANSFERRING BALANCE TO
HIGHWAY GARAGE RESERVE FUND FUND #62
RESOLUTION NO.: 144.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pu1ver
WHEREAS, the Town Comptroller's Office of the Town of Queensbury recommends that the
following capital project fund is no longer needed: Fund #89 - Highway Garage Improvement (approx-
imately $2,000), and
WHEREAS, the funds for the capital project initially came from the General Fund (#01),
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, hereby directs and authorizes the
following capital project fund to be closed and that any remaining fund balance be transferred to the
Highway Reserve Fund #62: Fund #89 - Highway Garage Improvement (approximately $2,000).
Duly adopted this 7th day of April, 1997 by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF TABLES FOR QUEENSBURY CENTER
RESOLUTION NO.: 145.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Chuck Rice, Facilities Manager has advised that the tables currently being used at the
Queensbury Activities Center are old and in a state of disrepair and therefore has requested that the Town
Board approve the purchase of six new folding tables, and
WHEREAS, in accordance with the Town's Purchasing Procedures, Mr. Rice solicited quotes for
the purchase of six tables and has recommended that the Town purchase the tables from AB. e.
Refrigeration and Equipment for the lowest quoted amount of $390,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes
the purchase of six folding tables for use at the Queensbury Activities Center from AB. e. Refrigeration
and Equipment for the total approximate amount of $390, said purchase to be paid for from the Senior
Citizens Miscellaneous Contractual Account No. 29-1620-4400.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT IN PROGRAM BOOK
FOR THE ADIRONDACK AIR SHOW '97
RESOLUTION NO.: 146.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Glens Falls Rotary Club Foundation is hosting the Adirondack Air Show '97 on
May 29 and June 7-8th, 1997 at the Warren County Airport, and
WHEREAS, the event is expected to attract thousands of people to the Queensbury area, providing
an economic boon to the community, and
WHEREAS, the Rotary Club is compiling an Air Show souvenir program book and has asked the
Town of Queensbury to purchase an advertisement in the program book to show the Town's community
support of the Air Show,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the Adirondack
Air Show '97 will be a great economic and tourism boon to the Town of Queensbury and therefore
authorizes the purchase of an advertisement in the Glens Falls Rotary Club's Air Show souvenir program
book in the amount of $600.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mrs. Goedert, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES Mrs. Pulver
ABSENT: None
RESOLUTION AUTHORIZING PAYMENT TO COURT CLERK AND
DEPUTY COURT CLERKS FOR THEIR ATTENDANCE AT COMPUTER TRAINING
SCHEDULED OUTSIDE OF THE TOWN COURT'S NORMAL WORK HOURS
RESOLUTION NO.: 147.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town of Queensbury is providing computer training for its employees, and
WHEREAS, most Town employees will be trained during normal working hours, and
WHEREAS, the Town Court Clerk and Deputy Court Clerks need to be trained outside of the
Town Court's normal hours of operation, and
WHEREAS, the Town Board of the Town of Queensbury desires to pay the Town Court Clerk
and Deputy Court Clerks for the time they will spend receiving the computer training,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Town Court Clerk and Deputy Court Clerks to attend the computer training after the Town Court's normal
hours of operation, and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury shall pay the Town Court Clerk - $13.4479 per hour,
Deputy Town Court #1 - $12.5873 per hour and Deputy Town Court Clerk #2 - $9.6931 per hour for their
attendance.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION TO RE-APPOINT DOUG AUER TO RECREATION COMMISSION
RESOLUTION NO. 148.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town of Queensbury has previously established the Recreation Commission, and
WHEREAS, the term of Doug Auer on said Commission, expires on April 27, 1997, and
WHEREAS, Doug Auer has expressed an interest in being reappointed,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints Doug Auer to
serve as a member of the Recreation Commission, said term to expire on April 27, 2002.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES
Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE
INTERMUNICIP AL AGREEMENT BETWEEN CITY OF GLENS FALLS AND
TOWN OF QUEENSBURY FOR ELECTRICAL TRAFFIC
LIGHT MAINTENANCE AND REPAIR IN THE TOWN OF QUEENSBURY
RESOLUTION NO.: 149.97
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town of Queensbury owns and operates certain traffic lights located within the
Town, and
WHEREAS, the Town is also responsible for maintenance and repair of these traffic lights, and
WHEREAS, such maintenance and repair requires special skill and expertise of a qualified
electrician, and
WHEREAS, the Glens Falls City Electrician is an appropriately qualified local individual
possessing the skills and expertise necessary for traffic light maintenance and repair, and
WHEREAS, the City of Glens Falls is willing to provide the services of the City Electrician to the
Town for this purpose at a reasonable cost, and
WHEREAS, an Intermunicipal Agreement between the City of Glens Falls and the Town of
Queensbury providing for the City Electrician to work on the Town's traffic lights is authorized by law,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of an agreement
between the Town of Queensbury and the City of Glens Falls for electrical traffic light maintenance and
repair services for a base annual amount of $6,000 plus an hourly charge of $40 per hour during normal
working hours and $60 per hour outside normal working hours and weekends, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Town Supervisor of the Town of Queensbury to execute an agreement for such services to be in form
approved by Town Counsel, and
BE IT FURTHER,
RESOLVED, that the amount of $10,000 be transferred from the Contingency Account No. 01-
1990-4400 to the Traffic Light Repairs Account No. 01-3310-4170 to cover the expenses for these services.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING CLOSING OF CAPITAL PROJECT FUND #99
AND TRANSFERRING THE BALANCE TO THE
SWEET ROAD CAPITAL PROJECT FUND #109
RESOLUTION NO.: 150.97
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, all work on the Peggy Ann Road Capital Project (Fund #99) has been completed, and
therefore the Town Comptroller's Office has recommended that Fund #99 be closed, and
WHEREAS, the Town Board of the Town of Queensbury desires to use the funds remaining in
Fund #99 for the Sweet Road Capital Project (Fund #109),
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that
the Peggy Ann Road Capital Project (Fund #99) be closed and the remaining fund balance in the amount of
approximately $42,000 be transferred to the Sweet Road Capital Project (Fund #109), and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Town Comptroller's Office to make all necessary budget transfers and adjustments.
Duly adopted this 7th day of April, 1997 by the following vote:
AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES : None
ABSENT: None
RESOLUTION TO SET APPROPRIATIONS-
SWEET ROAD CAPITAL PROJECT
RESOLUTION NO.: 151.97
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury has established a capital project for
improvements and repairs to be made on Sweet Road, and
WHEREAS, the Town Board of the Town of Queensbury desires to set initial appropriations for
engineering and surveying costs of the project,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby sets appropriations for the
following expenditures from the Sweet Road Capital Project:
Engineering Services
Account #109-5110-4710
$9,450.
Surveying Services
Account # 109-5110-4403
$14,545.
and
BE IT FURTHER
RESOLVED, that funds are to be provided by the appropriated fund balance.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION RET AINING VAN DUSEN & STEVES LAND SURVEYORS
TO PROVIDE SURVEYING SERVICES IN CONJUNCTION WITH THE
PROPOSED SWEET ROAD CAPITAL PROJECT
RESOLUTION NO.: 152.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Highway Superintendent and Town Highway Committee are aware of
drainage problems and poor surface conditions on Sweet Road between New York State Route 9 (NYS
Route 9) and Country Club Road, and
WHEREAS, the Town Board of the Town of Queensbury desires to retain surveying services to
provide necessary base mapping and boundary line detail along the affected right-of-way, and
WHEREAS, the Town Highway Superintendent has obtained a quote of $14,545 from VanDusen
& Steves for the surveying services,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the retention of
VanDusen & Steves to provide the surveying services described in the preambles hereof at a cost not to
exceed $14,545 to be paid for from the Sweet Road Capital Project Fund #109.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION TO SET APPROPRIATIONS-
AVIATION ROAD PROJECT - PHASE II
RESOLUTION NO.: 153.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury is desirous of proceeding with Phase II
of the Aviation Road Project, and
WHEREAS, the Town Board of the Town of Queensbury has estimated that the total cost of the
project will not exceed $75,000, and
WHEREAS, the $75,000 funding will be provided by a transfer from the General Fund,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury sets appropriations and estimated
revenues at $75,000 and of that $75,000:
1. $14,900 shall be appropriated for engineering services, Account #110-5110-4710;
2. $9,575 shall be appropriated for surveying fees, Account #110-5110-4403; and
3. $50,525 shall be appropriated in Capital Construction, Account #110-5110-2899;
and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Town Comptroller's Office to make all necessary budget transfers and adjustments.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION RET AINING VAN DUSEN & STEVES LAND SURVEYORS
TO PROVIDE SURVEYING SERVICES IN CONJUNCTION WITH THE
PROPOSED AVIATION ROAD CAPITAL PROJECT - PHASE II
RESOLUTION NO.: 154.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury desires to proceed with Phase II of the
Aviation Road Project, and
WHEREAS, the Town Board of the Town of Queensbury desires to retain surveying services to
provide necessary base mapping and boundary line detail along the affected right-of-way, and
WHEREAS, the Town Highway Superintendent has obtained a quote of $9,575 from VanDusen &
Steves for the surveying services,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the retention of
VanDusen & Steves to provide the surveying services described in the preambles hereof at a cost not to
exceed $9,575 to be paid for from the Aviation Road Capital Project Account #110-5110-4403.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION RETAINING SCUDDER ASSOCIATES
TO PROVIDE ENGINEERING AND DESIGN SERVICES IN CONJUNCTION
WITH THE PROPOSED AVIATION ROAD CAPITAL PROJECT - PHASE II
RESOLUTION NO.: 155.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury desires to proceed with Phase II of the
Aviation Road Project, and
WHEREAS, the Town Highway Superintendent and Town Highway Committee have received
and reviewed the draft scoping report from Harza Engineers concerning a planned improvement to a
section of Aviation Road spanning from the intersection with Manor Drive to the intersection with Potter
Road, and
WHEREAS, the Town Board of the Town of Queensbury desires to retain engineering and design
services for the improvement project, and
WHEREAS, the Town Highway Superintendent has obtained a quote of $14,900 from Scudder
Associates for the engineering and design services,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the retention of
Scudder Associates to provide the engineering and design services described in the preambles hereof at a
cost not to exceed $14,900 to be paid for from the Aviation Road Capital Project Account #110-5110-4710.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION APPROVING SPECIAL AUDIT OF BILLS
RESOLUTION NO.: 156.97
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pu1ver
RESOLVED, that the special Audit of Bills as represented by Voucher #971556, in the total
amount of $3,000 payable to the Charles Freihofer Baking Company, be and hereby is approved.
Duly adopted this 7th day of April, 1997, by the following vote:
AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
OF CARROLS CORPORATION
RESOLUTION NO.: 157.97
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, certain Article 7 Real Property Assessment Review cases have been commenced by
Carrols Corporation against the Town of Queensbury for the tax years 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
two pending Article 7 cases against the Town of Queensbury by Carrols Corporation in accordance with
the following revised assessment values:
Tax Map No.:
Tax Year:
New Assessment:
98-5-4.2
1995-96
1996-97
$550,000.
550,000.
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 7th day of April, 1997, by the following vote:
AYES Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Champagne
NOES None
ABSENT: None
5.1 OLD BUSINESS NONE
5.2 NEW BUSINESS
Special Town Board Meeting, Tuesday April 15, 1997 at 11:00 to meeting with Attorney
Schachner and other members of the Law Firm.
6.0 TOWN BOARD MEMBER MATTERS NONE
Public Hearing on Annixation of Coles Woods Thursday, April 10, 1997 at ACe.
7.0 ATTORNEY MATTERS
8.0 OPEN FORUM
Mr. Mark Hoffman-Fox Hollow Lane-Questioned what the project was on Aviation Road?
Councilman Goedert-Reviewed the Aviation Road project as started last year, to work on the Potter Road
intersection, Dixon Road intersection and a better traffic pattern for that area.
Mr. Hoffman-Questioned if there was more detail.
Councilman Goedert -Scoping report is still in draft form.
Mr. Hoffman-Asked what was going to be done at the intersection?
Executive Director Martin-Reviewed the preferred alternative of the Harza Study, a three lane section from
Manor Drive to Dixon Road and a four lane section from Dixon Road to Potter.
Mr. Hoffman-Spoke to the Board regarding the Harza study, questioned the level of service at the
intersection.. .questioned this project is necessitated by background growth or by Indian Ridge
Development?
Executive Director Martin-my feeling is background growth...
Mr. Hoffman-Questioned with background growth of 2% per year necessitates the expenditure of $75,000.
Executive Director Martin-In my opinion this is forward thinking and a proactive step.
Mr. Hoffman-Noted it was not clear what other recommendations are being made by Harza at that
intersection to improve the level ofservice...Questioned if $75,000 will be the maximum to be spent on this
project?
Supervisor Champagne-We do not know that.
Mr. Hoffman-Questioned if anyone had studied the impact of a decreased density of Indian Ridge project
would have on the need for renovations?
Councilman Goedert-I did not look at it as being involved in Indian Ridge, it is too different topics.
Mr. Hoffman-Questioned the changes made from the August 20th document?
Executive Director Martin-Refinements made on the analysis.
Mr. Hoffman-Questioned if it was prudent to spend taxpayer money for improvement which appears only
to result in a level of service from F to E and back to F again five years later. Requested information on a
Special Town Board meeting held at the Highway Dept.
Supervisor Champagne-Spoke to this Special Meeting noting that they did go into Executive Session to
interview engineers and surveyors...
Mr. Hoffman-Questioned if there was discussion of the project itself or just an interview session.
Supervisor Champagne-We dealt with the contract.
Mr. Hoffman-Questioned how many engineers were interviewed?
Supervisor Champagne-Two engineers and one surveyor.
Mr. Roger Boor-Reviewed the Special Board Meeting held at the Highway Dept. Questioned if this was
advertised properly...asked for the minutes where there was a request for the Sleight property to be
appraised.. .
Mr. John Salvadore-Asked ifRFP's have been done as to what we have asked the engineers and surveyors
to do? Have you thought of going to competitive bidding?
Supervisor Champagne-Yes.
Mr. Salvadore-Questioned if there was a conflict of interest with Mr. Steves being the Town's surveyor on
Aviation Road and that he also was the surveyor for Indian Ridge.
Councilman Monahan-Noted that surveying was a science not an opinion.
Mr. Salvadore-Requested competitive bidding on the services.
Requested assistance from the Town Board to receive his final approval from the Highway Dept. for his
driveway access permit..
Councilman Goedert-Noted she will take that up as Highway Chairperson.
Mr. Salvadore-Status of Street light at the intersection.
Councilman Turner-We will talk about it at the next workshop.
Questioned why they want it where you want it?
Mr. Salvadore-It is the closest most logical place to put it.
The road is in serious condition pot holes, signs missing, bent over, not being maintained, is there
something we can do to... could you inspect the site before the workshop meeting.
Councilman Goedert-Noted she would see the road...
Ms. Karen Dougherty-Queensbury Forest-Spoke to the Board regarding water in her basement, noting that
this is the second time in three years, what will be done about it.
Councilman Pulver-Noted that they had visited the site and are working on solving the situation...we need
to acquire a piece of property but it was sold to a developer, now looking at other sites...
Mr. Mike Lashway-Is that the property that is by the Children's Nursery School?
Councilman Pulver-No
Executive Director Martin-South of Queensbury Victoria Grant...
Mr. Lashway-Questioned if the Board was aware of the parcel that is for sale by the Nursery School?
Councilman Pulver-Became aware of it today, noted we have looked at it.
Mr. Lashway-Reviewed the history of the development...questioned why it was allowed to exist in the first
place, when everybody knew that the water table was higher than seven feet below the ground...questioned
if there was pending litigation against the Town from anybody that would inhibit going forward with this?
Town Counsel Schachner-Yes there is pending litigation...there is not any order as the result oflitigation
that would prohibit the Town Board from seeking some of the solutions you are proposing.
Mr. Lashway-Want to find an active solution with the Town Board...questioned the money that was spent
last year do we have the results of those tests...
Supervisor Champagne-There was a preliminary draft not finalized...reviewed the history of the area.J am
more than willing to share the Frasier report with any of you.
Mr. Lashway-The drains are too high and mounted incorrectly...
Ms. Dougherty-Questioned about re-opening the drain pit?
Supervisor Champagne-One of the problems is the retention pond would continue according to the Frasier
report would continue to seep out and still end up in the lower basin.
Councilman Pulver-Is it worse than the last time.
Ms. Dougherty-Yes...it has happened a lot faster.
Mr. Richard Koke-3 Hampton Court What it the time frame?
Supervisor Champagne-I would like to think that we can give you an update this sunnner...
Mr. Thomas O'Connor-24 Hampton Court Noted he had no water in his basement but noted that he would
have a problem selling his home in this area...we want some commitments...this town might have to look at
a sewer district, it would alleviate all the problems...
Supervisor Champagne-Spoke about the level of debt for projects, noting that the Comptroller Office can
stop a project ... sewering is cost prohibitive at this point.
Mr. Joe Sciamcalepore-Currently we have 4 inches of water in house...noted children cannot play in their
cellars, or back yards...we do not have six months what will happen if we have big thunderstorms? If you
need land, get it, put some money up...you know there is a problem, fix it.
Ms. Wendy Myers-It has been three years and we did not know you were trying to buy a piece of property
no one communicated that to us...spoke about the concern over sink holes in the area...
Supervisor Champagne-Keep in mind that we are in litigation, we do have a lawsuit against the engineer
and the developer...
Unknown-Requested a report once a week on the project...
Supervisor Champagne-Requested every second and fourth Friday I will be there or have a memo for your
area at 2:00 P.M...J would like to meet with the board in the next week or two and put together a time
frame and spell out exactly what we intend to do and how we intend to do it and what the results will be.
Ms. Myers-Asked if there is anything that can be done for those that have six to eight inches of water in
their basement?
Councilman Monahan-The fire companies could help out...
Discussion held regarding pumping the area...
Mr. Kevin Gilligan-The that gets the water first, it seems to take five, six, ten people for this Town Board
to understand that there is a problem down there. Questioned what the property was going to do, was it a
Rist Frost proposal?
Supervisor Champagne-Listed options: I.The option presented by Frasier was to go into Queen Victoria
Grant 2. Go across Potter Road, Peggy Ann and into the Reservoir 3. Piece of property that would be
acquired as a gift, that parcel has been sold...
Mr. Gilligan-What happened to the Rist Frost report?
Supervisor Champagne-The board did not feel confident, we wanted to know the flow of the water
underground that is when we brought in Frasier Engineering to double guarantee that this system was going
to work...
Councilman Monahan-Spoke about the boards wishes to have a firm with expertise in hydrology, that was
the next step that we took.
Mr. Gilligan-Noted that he felt the Board is not doing anything...
No one paid attention last year because I was the only one with water in the basement...
Supervisor Champagne-Engineering results tell us that we may never be able to get low enough to reduce
that water level to accommodate your basement level.
Mr. Tim Brewer-Canterbury Drive-I was on the Planning Board when the second phase was approved, and
we have had reports from engineers back and forth, and we have not done anything from what I am
hearing, why don't we ask Mr. Naylor to go over there and come up with an idea to solve the problem.
Mr. Doug Irish-Buena Vista Avenue-Who approved the site plan for drainage?
Supervisor Champagne-Rist Frost.
Mr. Irish-Questioned by Rist Frost is still used by the Town for approving subdivision and PUD plans?
Asked that the Board listen to the public all year long not just every two years.
Jennifer Goad-4 Hampton Court-Qsby. Forest - the flow of the water hits certain houses every single time,
noted her house has not be effected by water but cannot sell her house because of the area...
Mr. Thomas O'Connor-Asked for a meeting with the Engineering Firm so that the residents can hear first
hand...and requested a copy of the engineers report...
Board agreed to a meeting...will set up date...
Mr. Steve Miles- 66 Hampton Court -also own the four remaining lot, questioned why the valve cannot be
opened at 26 Ferris?
Mr. Jim Potter-Ferris Drive-This is not just a minor inconvenience to people in some cases it can be life or
death situation...
Mr. Doug Auer-Thanked the Board for reappointing me to the Recreation Commission. Suggested that the
Town hire a Town Engineer, the Town needs a storm water management plan.
Mr. Dennis Brower-Questioned if the work on Sweet Road will turn it into additional lanes from Route 9 to
Country Club Road?
Councilman Turner-Two lanes twelve foot wide with wings..total drainage and repaving.
Mr. Brower-Will the Town have a spring clean up of tree limbs etc.
Highway Supt. Naylor-Announced that there will be a clean up of tree limbs due to the storm.
Mr. John Salvadore-RE: Queensbury Forest Can we reverse the flow? Collect sewage and send it to a
central facility and treat it...the problem will go away.
Mr. Hoffman-Spoke about the levels of service at the Dixon, Farr Lane intersection...south bound current
level B to C morning and evening...after Indian Ridge C to D in morning and C in evening...based on
February 20th study...Dixon Road north morning D, Evening no improvements F at 2001 currently Dixon
Road evening D. Questioned the impact on pedestrians..
Mr. Steve Gilligan-Questioned if the property adjacent to his was being considered for a retention
pond...noted his lot was initially considered for a retention pond and the Town said no, based on that I
would have a problem with the retention pond being next to my house with three children if that is an
option.
Councilman Goedert-What if it takes care of all the problems would you be opposed to it?
Mr. Gilligan-I would not be opposed to it but I would want to know why you were opposed to it and I had
to live in hell for three years. Is Rist Frost still employed by the Town and why?
Supervisor Champagne-Yes. I am not here to defend or offend or support Rist Frost, .. .legally we are in
litigation
Executive Director Martin-Rist Frost is a review engineer, they react to information that is given to them
and when an engineer gives them information on the part of an applicant and certifies that being correct and
places their stamp on it, Rist Frost makes the assumption that is correct and I think the distinction here in
those two reports that you are hearing is that in the first instance they reacted to information that was
certified to them as being correct, and then the second time the report that you have that shows a solution
they did some analysis of their own found conflict with what was given to them as correct and that is why
there is a difference.
Mr. Gilligan-Are you definitely out of the property that was to be given to you?
Supervisor Champagne-There will be more conversation on that.
Discussion was held regarding the reduction of taxes on the houses in question...Board members requested
that those interested speak to the Assessor.
Mr. Roger Boor-If the problems that we have heard tonight from this side of the room were to occur at
Indian Ridge is this the expeditious manner in which the problem would be resolved?
Mr. Gilbert Boehm-Questioned if the Highway Supt. is a free agent? Do you have an leverage on him?
Councilman Goedert -Only control is his budget.
Mr. Salvadore-Spoke on No. Qsby. Waste Water Management, re: hook up cost...suggested a site, by site
lot survey.
Supervisor Champagne-We are doing that: O'Brien and Gere will have a person doing some localized
checking regarding rock surveying and will be talking to an excavator who has done work on septic tanks
up there.
Mr. Salvadore-Will this lead to color coding the maps to show the degree of rock problems?
Supervisor Champagne-Yes.
Discussion held regarding the No. Qsby. Sewer Dist.
Mr. Gilbert Boehm-Questioned the No. Qsby. Sewer Dist. time line...
Supervisor Champagne-We do not have a time line now...
Mr. Gilbert Boehm-Questioned if the Town is making plans for the computer systems for the year 2000...
Supervisor Champagne-We are working on that...
Mr. Salvadore-Storm Water in No. Qsby.
Executive Director Martin-Have public hearing on the report after Memorial Day...
Mr. Salvadore-Your design project..
Executive Director Martin-The Cleverdale Road one a grant request has been submitted to the State.
Mr. Salvadore-Lake George Park Commission is re-working its sign ordinance, is the Town of Queensbury
in on this?
Executive Director Martin-First I have heard of it.
Mr. Salvadore-Spoke on the We the People Congress, organizing to encourage a yes vote in November on a
ballot proposition as to having a constitution convention next year. Would like the Town's support on this
Issue.
Mr. Pliney Tucker-RE: Landfill closure when finalized...
Councilman Monahan-When the weather improves to do a final inspection.
Mr. Tucker-Noted six lights out on the Boulevard...
Mr. Doug Miller-Requested a clarification on Executive Session ...
there has to be a motion and voted on and there has to be minutes taken on any business conducted during
Executive Session.
Town Counsel Schachner-There is no requirement that minutes be taken of an executive session,..what the
law says minutes must be taken if the Board of the municipal body in question takes any action.
Mr. Roger Boor-Questioned if the meeting in question was ever opened.
Supervisor Champagne-Reviewed the meeting, as being advertised as a Town Board Special Meeting...
Councilman Goedert-Noted the meeting was advertised twice as a Highway Committee meeting and as a
Special Town Board Meeting...that was what added to the confusion.
Discussion held regarding how meetings are advertised...
Mr. Roger Boor-Questioned the No. Qsby. Sewer Project and the proposed effluent that has been discussed
as being discharged behind his property...
Councilman Monahan-There is no proposed effluent going to be discharged there, that is after it has been
cleaned...it has to be fishing stream quality before it ...
Mr. Miller-RE: Indian Ridge...concerned over the wetlands in Indian Ridge...concern based on the time it
has taken with Queensbury Forest...
Mr. Dennis Brower-Who took care of the traffic lights when they went out in the past?
Councilman Goedert-Mr. Coffey out of the City of Glens Falls...
before that New York Fire and Signal...
Mr. Brower-Does he do street lights too?
Board-Niagara Mohawk, noting that we let them know if a light is out...
Mr. Brower-Coles Woods, questioned if the Board will be present?
Councilman Monahan-We have to be, it is a joint public hearing.
Mr. Brower-RE: City Water it would be interesting to see if the City eventually they could participate with
Queensbury's water even after the tanks were put up.
Supervisor Champagne-There is an option there.
Mr. Doug Irish-Is there a decision on who will be lead agency?
Supervisor Champagne-No
Mr. Irish-That is a lot of tax money out of Queensbury if they take that property...
Supervisor Champagne-They pay water,fire,lighting...
Mr. Irish-When does their waiver for water treatment run out?
Supervisor Champagne-They were just approved...
Mr. Irish-If we could make a deal with them to give water for the land and turn it into park land ...
Councilman Monahan-Every Town Board I have sat on has tried to work a deal.
RESOLUTION APPROVING AUDIT OF BILLS
RESOLUTION NO. 158.97
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
RESOLVED, that the Audit of Bills as appears on the abstract dated
4-7-97 and numbered 97074600 through 97155500 and totaling $803,167.04 be and hereby is approved.
Duly adopted this 7th day of April, 1997 by the following vote:
AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr.Turner, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 159.97
INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to
discuss Annexation of Property, Coles Woods.
Duly adopted this 7th day of April, 1997 by the following vote:
AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION ADJOURNING MEETING
RESOLUTION NO. 160.97
INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive and Regular
Session.
Duly adopted this 7th day of April, 1997 by the following vote:
AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne
NOES: None
ABSENT: None
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk