Loading...
1997-04-21 TOWN BOARD MEETING APRIL 21,1997 7:00 p.m. MTG.#19 RES. 167-181 LL.#3 TOWN BOARD MEMBERS PRESENT DEPUTY SUPERVISOR BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER TOWN BOARD MEMBERS ABSENT SUPERVISOR FRED CHAMPAGNE PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER Deputy Supervisor Monahan-Opened the meeting. Announced that Supervisor Fred Champagne was on vacation. 1.0 PUBLIC HEARINGS NOTICE SHOWN MOBILE HOME OUT SIDE OF MOBILE HOME COURT 32 LAWTON AVENUE OWNER JUDY DUFOUR HEARING OPENED 7:06 P.M. Deputy Supervisor Monahan-Anyone that would like to speak representing Mrs. Dufour on this application? Attorney Paul Pontiff-Good evening, my name is Paul Pontiff and I am represent Mrs. Dufour in connection with this application. It is an application to upgrade and existing mobile home on the site. It has been there for in excess of twenty five years. The existing home is ten feet by fifty five feet in size the new unit will be twelve feet by fifty six feet in size. We have attached a sketch of the property not entirely drawn to scale but efficient enough I think to provide a picture of the location of the home on the site. The statue specifically provides for an upgrade where there has been a pre-existing mobile home and I can only recommend that the existing mobile home that is there, actually I brought a few pictures of that so that you can see the condition of that mobile home which really needs to be replaced or substantially upgraded. I will hand those to you if you want to look at them. I have spoken with the building inspector and been advised that because of the requirement that the State building code be met that the mobile home contain a label outlining certain specifics relative to the geographical area and the snow bearing load and the electrical service and so on, that a certain label needs to be on the mobile home. I have a copy of the label with me which Mr. Martin has in his possession, I forwarded through the building inspector last week. We do need to identify that label which normally in, on a door which is for the entrance box for the electrical entrance on in those units, it is usually posted inside that door. That is where this unit, that is where this label was copied from and I just need to satisfy the building inspector that this particular label is connected with this particular unit, either by a serial number identification on the unit which we are presently looking for, or by an affidavit of the person who owned the unit that they removed this door from that unit when they upgraded their electrical service. This unit is a 1978 two bedroom unit which is a substantial upgrade from I do not really know the age of the particular year of the older unit but it is in the late 50's or early 60's because it has been there since about 1965 or so, it was actually put there by a prior owner of the property. If there are any questions I would be happy to try and answer them for you. Councilman Turner-Is the septic system for the trailer and the house are they on the same tank? Attorney Pontiff-No, they are not. They, if you look at that sketch the septic system for the trailer is right in front of the trailer and that was upgraded last year and the septic system from the house is north of the house which was also upgraded last year. Councilman Turner-It just says upgraded but it does not show where it is, so. Attorney Pontiff-It is just north of the house. Councilman Turner-Ok. Attorney Pontiff-Between the house and the driveway which is the entrance into that yard. Councilman Turner-How long is the trailer that is there now vacant? Attorney Pontiff-How long has it been vacant? About a month and a half. Councilman Turner-Month and a half. Executive Director Martin-The specific age that we have on our records of the existing trailer is a 1963 new moon I guess was the brand name. Councilman Goedert-That is what is there now, Jim? Director Martin-Yes. Councilman Goedert-And what is going on? Attorney Pontiff-A 1978 also a new moon. Director Martin-I have a copy of the label here is you would like, anyone would like to see it. Councilman Goedert-Does it meet the requirements? Director Martin-Yea. Councilman Monahan-But we do not know if it has been on this, I understand you are not sure yet, Pau1, where the one is on this present mobile home? You said something about, it had been removed you thought? Attorney Pontiff-That label is on a door that came from the electrical entrance box that was on this unit when that entrance box was changed this door would not fit on there any more and we found this in the garage of the owner that owned the trailer and what I have to do now is identify the serial number that is on that label with the serial number that is on the unit or get an affidavit from the owner that, that box was removed from this unit which apparently the building inspector is willing to accept. Actually that is better evidence than if the door was on the unit we would have no way or knowing that somebody did not surreptitiously put that door that this way we will have an affidavit for the serial number, one or the other which will identify this label as having been on that unit and meeting the requirements. I had hoped to have some pictures of the new unit unfortunately Mr. Combs from whom Mrs. Dufour is buying the unit was unable to get some pictures done and I unfortunately been after them for a couple of weeks but today he had an emergency and I called him around five fifteen and he was on his way to Whitehall to pick up his guy who has a broken truck over in Whitehall. In fact I was going to bring the door with me if I, if he had brought it in I was going to bring that with me but unfortunately I could not get them today. Deputy Monahan-Pau1 you said the drawing we had was not to scale. What is the distance between the two family house and the mobile home? I drove by there today. Attorney Pontiff-I would have to give you a guess, Betty, but my guess is about fifty to sixty feet. Deputy Monahan-Boy, I am not too good at distance eye for measurements but it sure did not look like that when I drove by it today. Are the side set backs accurate? Attorney Pontiff-Yes, I measured them myself. On the existing unit which is sitting there. Deputy Monahan-And the new unit will be the same length as the old unit? Attorney Pontiff-It is a foot longer. Deputy Monahan-It is a foot longer, Jim what is the requirement Councilman Turner-A foot wider. Councilman Pulver-A foot wider Councilman Turner-A foot wider not a foot longer. Attorney Pontiff-I have ten by fifty five on the old unit and twelve by fifty six on the new unit. Deputy Monahan-Oh, you have the new one on this, ok. Attorney Pontiff-Those are the set backs that would appear with the new unit. Deputy Monahan-Jim what is the side yard set backs in that zone? Director Martin-SFR1A is twenty feet and twenty feet for the rear also. Pau1 said that there maybe a possibility that you will see the existing trailer there has got a fifteen and a half foot set back he said there is a possibility when they set the new trailer they could at least conform to the rear set back at twenty feet. Deputy Monahan-They are not going to conform to the side though. Director Martin-No, there is no chance of that. Deputy Monahan-That means a variance. Director Martin-Well, the it is an existing situation. Councilman Pulver-But they are making it worse. Deputy Monahan-Yea. They are making it worse Jim. Attorney Pontiff-No, we are not. Deputy Monahan-Well, you are in set backs. Director Martin-I thought the fifty six foot there included a reference to the hitch. Attorney Pontiff-Yes. It includes the reference to the hitch. Director Martin-That includes the distance from the hitch. Attorney Pontiff-Yes. Director Martin-Is there a hitch on the old trailer? Attorney Pontiff-Yea. The hitch is actually closer than the measurement that is there. Director Martin-Does that fifty five foot distance include the hitch also? Attorney Pontiff-Yea, it does. Deputy Monahan-This is an SFR1A zone which is forty three thousand five hundred and sixty square feet. The lot if my math is right is ten thousand six hundred and twenty five feet. So, actually the lot is about one fourth of what it supposed to be in that zone. The only allowable use in that zone is a single family home we have already got a non conforming two family apartment house on a lot that is one quarter the size that the allowed zone and now we want a third use in on that lot. Attorney Pontiff-Which presently exists. Deputy Monahan-It may presently exist, I have another question, we tried to find when this ordinance went into effect that relates to mobile homes that are not in trailer parks they were supposed to get a permit within a certain time after that ordinance was put into effect we looked for that permit and were not able to find it. Was that permit ever gotten. Attorney Pontiff-I cannot answer that question I do not know. Deputy Monahan-Do you have any questions? Councilman Goedert-This is a public hearing I would like to hear from the Deputy Monahan-No, while Mr. Pontiff is Councilman Goedert-Well, I might after I hear what the rest of them. Councilman Pulver-My only question was, how long is it going to be Paul before you verify the serial numbers? Attorney Pontiff-I should have it done next week. Councilman Monahan-Is there anyone else that would like to address the Board relative to this mobile home permit? Mr. Doug Irish-Doug Irish, I only had one question, the trailer that she is going to put in there the seventy eight and I am pretty sure that probably have changed a lot in nineteen years, I do not know that just because this thing has got a serial number that matches the trailer if it actually going to be to code for present codes. That is the only question that I have. Attorney Pontiff-Well, I might be able to answer that Doug in that the statue, the New York State Building Code says that the trailer has to carry and I can read it to you, this is the Housing and Community Renewal part of the State Building Code, it really comes from the Hud requirements. It is updated as of January, October 1995 the latest date that I have. It says that every mobile home shall have a manufacturers label which certifies that to the best of his knowledge and belief the home is in compliance with all applicable Federal Construction and Safety standards. This label does say that. In addition it requires that there be a data plate that says that every mobile home shall bear a data plate affixed and the manufacturing facility bearing not less than the following information. A. The statement that this mobile home is designed to comply with the Federal Mobile Home Construction and Safety Standards enforced at the time of manufacture and B. Reference to the Structural Zone and Wind Zone for which the home is designed. This label does contain that data. Thirdly, heating and cooling certification, every mobile home shall bear data relative to the heating, insulation zone and outdoor design temperature and that date appears on the label. Councilman Turner-Pau1, how long has Mrs. Dufour owned the trailer, owned the lot with the trailer on it? Attorney Pontiff-I believe Mrs. Dufour's husband acquired title to that lot from Ed Grey somewhere around the early to mid seventies. She acquired title as a resu1t of Mr. Dufour's death in 1990. Councilman Turner-Is the house in the front fully occupied? Attorney Pontiff-Yes, it is. Councilman Turner-Two families? Attorney Pontiff-There is a single lady that lives down stairs and has lived there for many years, and up stairs there is a husband and wife as far as I know. ...two people male and female. I will tell you another important factor to consider is that the condition of that mobile home over the years with Mrs. Dufour trying to upgrade it has necessitated so many repairs that it has now become sort of a throw money, good money after bad to try and keep the thing operational. The other factor to consider is that because of the trailer condition and because of its character, the tenants have not all been that good a tenant. We are looking, Mrs. Dufour is looking to upgrade the caliber of tenant in her facilities and a new trailer of the type we are speaking about with upgraded appliances and with the better caliber of construction including a pitched roof which will assist in the snow load problem because this is a flat roof and has been a lot of problems. Will enable Mrs. Dufour to be more careful in renting to a better caliber of tenant, which is something she wants to do. Councilman Turner-Do you ever have a problem with parking there, the tenants? Attorney Pontiff-I have not been aware of any, I do not think Mrs. Dufour has been either. Mrs. Dufour-No Councilman Turner-Never Mrs. Dufour-It does not house, you cannot put two or three people in there. Councilman Turner-No, I know but I mean people down stairs have a car, people upstairs have a car. Mrs. Dufour-The people in the front apartment she has her parking the other people have their parking and they have theirs, each have there own parking. Councilman Turner-Because I looked at it, it narrow there. Attorney Pontiff-There is a driveway on the south side of the building which the lady down stairs uses, she pulls in there and goes in her front door, because she has parking there and the trailer and the people upstairs use the other side. Councilman Goedert-Jim, its two feet wider and one foot longer and where does that fit into our ordinances, does it fit into our ordinance other than just telling me its there is one already existing there. Director Martin-No, the setback in that zone are twenty foot for each side set back and twenty foot for the rear. Councilman Pulver-So, wouldn't you have to get a variance if she is increasing her Director Martin-For the length if it is in fact longer then that obviously yields more of an encroachment into the setbacks then the side setback would be. Councilman Pulver-She was non conforming once and now this worsens the situation. Director Martin-That is correct the further encroachment if that is the case Councilman Goedert-The non-conforming takes place because it was there existing zoning. Director Martin-It pre-existed the zoning, this trailer has been on this site according to our records since sixty four. Deputy Monahan-But apparently there never was a permit gotten after the time. Councilman Goedert-I am not concerned with the fact of the permit what I am concerned with is I think they are in front of the wrong board. Councilman Turner-They are for starters. Deputy Monahan-The other thing I wondering Director Martin-I was specifically told not to bring it to the zoning board first but to bring them here first. You wanted to see them here first before going to the zoning board. Councilman Goedert-Who wanted to see them here first? Director Martin-The Town Board did. They used to go for a variance first, remember we had one sighted before and you said you did not like. Deputy Monahan-Because they were going into areas of the Town that they did not belong they were getting a variance for zones that they could be in before they ever got a permit to have it in the first place, which is a little different circumstances than this. My question is also if this is brought into conformity with the rear setbacks how close is that going to put it into existing septic system and then are they going to be able to meet that separation distance from the trailer to the septic system? Director Martin-How far are you now, Paul to the existing septic system? Attorney Pontiff-I would say that it is probably twelve to fifteen feet. Director Martin-You have to have I think a minimum separation of ten feet for septic. Deputy Monahan-You know without that being measured I have to wonder about some of that stuff after looking at it today. Does the Board have any other questions? Councilman Pulver-I do not have any other questions I Deputy Monahan-Ted it is in your Ward would you like to make a motion? Town Counsel Schachner-You have got to close the public hearing. Councilman Goedert-Is there anyone else that wants to be heard? Deputy Monahan-Is there anyone else now that would like to be heard on this mobile home permit, if not I would close the public hearing. Councilman Turner-There is more information that needs to be had and I would move to table the application until we get that information. Seconded by Councilman Pu1ver DISCUSSION Councilman Goedert - I have a question before you call, I still believe that it is in front of the wrong board and that it should, being that it does not fit our existing ordinances and needs a variance then it needs to go before the Zoning Board. Deputy Monahan-If you, you have to be careful with this and think this through and I am not sure Councilman Goedert - I do not have to think anything through Deputy Monahan-Now wait a minute, once a variance from the Zoning Board is given that gives the right to that land forever and ever for a mobile home. Councilman Goedert-That is not my job, my job is to say that Councilman Pulver-It is their choice to go to the Zoning Board if they so choose. Councilman Goedert-To go before the Zoning Board and let the Zoning Board give them a variance if they feel fit to get that. Deputy Monahan-But a variance cannot give them a permit for a mobile home. Councilman Goedert-Then they have to come back to us after they get a variance, but until that point, because they do not fit the requirements. Councilman Pulver-Well if it is tabled they still have the option to take it to the ZBA. Deputy Monahan-This is not is not pertaining to the motion at all, so you know, this discussion is really out of order at this time. Councilman Goedert-No, because I want to know what the steps are for the people because I want to know if we table it, is that going to tie their hands in taking it to the ZBA? Councilman Pulver-No. Deputy Monahan-It just means that we are not taking any action right now. Councilman Goedert-So, that when they, so the re-schedu1ing of it will be at their convenience? Councilman Pulver-Right Councilman Turner-As soon as that information is brought back. Councilman Goedert-That is fine with me. Deputy Monahan-Ted is asking for some information I believe, right? Councilman Turner-Yea. Attorney Pontiff-You need to tell me the information that you want supplied. Councilman Turner-We talked about the code update on the electrical box, and I want to see it sighted on the lot on a plan I want the proper setbacks, distance from the septic tank. You said you were going to put a pitched roof on it Attorney Pontiff-There is one on it. Councilman Turner-There is one on it, all right. Deputy Monahan-Shouldn't these measurements from the apartment house to all the septic systems and between there and the mobile homes. Councilman Turner-Can you supply us with some pictures before it goes on here or where can we see it, the new trailer. Attorney Pontiff-Oh, I will get you some pictures actually I think that the building inspector has been out to look at the trailer, he knows what the trailer looks like and I can get you some pictures of it which I can supply to you relatively soon. So, you want the sighting on the lot setbacks of the new trailer, you want the septic tank setback from the trailer, you want the distance between the trailer and the existing two family house. Director Martin-And the septic system I have also. Attorney Pontiff-The house septic system, is that what you are talking about and the septic system to the trailer. OK. Deputy Monahan-We really need the set back of the house on that lot too. Attorney Pontiff-Well we are not replacing the house, Betty. Deputy Monahan-No, but if we are going to have a good picture, visualization I suppose you do not have to do it but, it would help us to have some kind of a visualization of these set backs all the way around the whole lot. Attorney Pontiff-Now, are you also saying that, if we provide this data that you would consider at that point extending the permit because we have another alternative, our other alternative is to leave the trailer there, that is there and to do some re-furbishing. We can leave that right there. Councilman Pulver-For me I believe that you need a variance and I also. Attorney Pontiff-You mean for the new trailer. Councilman Pulver-...and I do also think that you need to verify the serial numbers on this trailer regardless. Attorney Pontiff-That is a foregone conclusion, I know that, that is a condition because Dave Hatin and I spoke about that so I am aware of that. Councilman Pulver-So even if you get those things and you come back I still think you are going to need a vanance. Attorney Pontiff-Unless we get a smaller trailer. And we need the same conditions that are there now. If the trailer that we put on there is the same as the, same size as the existing trailer and it seems to me that we have a pre-existing condition which does not require a variance. Councilman Pulver-But it defeats your purpose of trying to upgrade the clientele and everything. Attorney Pontiff-Not necessarily if the new unit is a better condition unit than the old unit, it does not have to be larger necessarily, this just happen to be available and one that could be acquired at a reasonable price it happens to be two feet wider and a foot longer. But, if we can find a unit the same size that is upgraded then maybe that is the way to do it and not have to deal with a variance question, because that will take forever. And cost a lot of money. So, my feeling is, I just want to make sure that I know what you folks want irrespective of a variance question, but just based upon the pre-existing condition of the trailer on the site, having been there for the length of time that it has been there. I just want to make sure that I understand what you are looking for so that when we come back here we have all those answers for you. Deputy Monahan-But, Pau1 I will tell you frankly I would have to you know ask our Attorney for an opinion whether or not this needs to be brought into conformity as far as the set backs under the way our ordinance is written that these are supposed to comply with the proper location on the site and that section that I pointed out to you. Town Counsel Schachner-I do not think it specifically references the set back but it does say something about Deputy Monahan-No, it said location and location would be set back Town Counsel Schachner-correct, ...it is a pre-existing non-conformity is increased I think the Board is of one mind on that issue that they would require an area variance from the Zoning Board of Appeals so I think that is consistent with the position taken by the Board in similar cases in the past. I could be wrong but I think the position taken by the board in similar cases in the past that if the new unit even if the new unit does not comply with the set backs for the zone if it is no further, if the failure of compliance is no greater than the pre-existing then I believe the board has previously taken the position that it does not need a variance, is that right? Deputy Monahan-I do know if we have ever had one precisely like this because the ones we have had before have been an owner occupied type of thing. Town Counsel Schachner-I was not talking about who occupied ... Deputy Monahan-No, no what I am saying is I do not think that we have really had one of this, it is a carbon copy of this. Attorney Pontiff-Well, if the owner occupied make the difference relative to the set back requirements? Deputy Monahan-I am not saying necessarily that it would I am saying the ones that we have previously have been a single use on a lot I believe that haven't been more than one thing going on in the lot... Councilman Turner-If you put a bigger trailer on there and you increase the non-conformity as far as the set backs go then you have got to have a variance. Attorney Pontiff-I understand that. Councilman Turner-It is as simple as that. If you take another trailer and put it on there that's similar to that one you would probably it in the same place or you refurbish that one you know, I think you are home free. Attorney Pontiff-Well, that is my feeling but I want to make sure that we are going down that path and we are not just spinning our wheels. If we do not change the dimensions of the unit so that we do not encroach any further on this set back requirements as required by the zoning law and the area then we should not have to modify or we should not have to apply for a variance. Councilman Pulver-That is correct. But you do have to apply for a permit I believe. Attorney Pontiff-Well, that is what we are doing. That is why we are having a public hearing. Councilman Turner-I would have to confer with the Attorney but I would say it would be like tearing down a house and putting it back up on the same foot print. That same thing. Town Counsel Schachner-I think the applicants counsel is agreeing with that premise. Attorney Pontiff-That is true. That is why I want to find out what you folks are going to require to grant a permit without having to go the variance route if I can avoid that. Councilman Goedert-The same size trailer. Councilman Turner-If you come with a bigger trailer you are going to end up with a variance. Attorney Pontiff-Well, I do not expect to come bigger trailer if we do that I know that we will have to go the variance route. But, if we cannot buy this trailer, then we can't buy this trailer but we either are going to buy a trailer that is going to be the same size or essentially the same size without any further encroachment or we are going to use the existing unit that is there. Councilman Monahan-Which I am not sure if you can because that unit never got a permit. I know we are into a legal question and I am throwing this at Mark and I should not throw it at him with no preparation. Town Counsel Schachner-I am sorry what is the question? Councilman Monahan-I am not sure that he said if they cannot get a permit for a new one they will leave the one there, and I said I am not sure that they can because they never got a permit for that one in the first place. Town Counsel Schachner-That is true but I mean, again, my impression is that you have previously taken the position that something that is in existence can remain. If that is the question that you are asking I believe that has always been the towns position. Councilman Pulver-Is there something more to a variance tlIanjust making an application and getting on their agenda? I mean do you feel that there is more to it than that? Attorney Pontiff-Time, is going down, I mean we have already gone since this application was filed on Councilman Pulver-I only just became aware of it last week thursday. Attorney Pontiff-Well, this application was filed back in March and we were hoping to be on the April 7th in time to be on the April 7th agenda for a public hearing and it was on for that night for a public hearing and I wasn't here because I just thought it would be per-forma that there would be a resolution adopted to schedule the public hearing for the 7th of April and at that meeting it was decided that it would be deferred until tonight for the public hearing and the notice was published for tonight. So, now we are another four or five weeks down the road and if we go the variance route we will be into Councilman Pulver-It would not, another month anyway, to get on their agenda which would be next month, I do not know if you, are you past the submission dead line? Director Martin-No it is April 30th this month. Councilman Pulver-So, you still could meet the submission dead line and then you could possibly be on the second week. Director Martin-The Zoning Board meets the third and fourth Wednesday, which is, it would be the 21st or 28th of May for a Zoning Board meeting. Deputy Monahan-I think right now we have a motion on the floor that should be acted on, Darleen would you pole the board please. RESOLUTION TO TABLE RESOLUTION NO. 167.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby tables action on the application of Judy Dufour for the replacement of a mobile home at the location of 32 Lawton Avenue, Town of Queensbury, awaiting further information. Duly adopted this 21st. day of April 1997 by the following vote: AYES: Mr. Turner, Mrs. Pu1ver, Mrs. Monahan NOES: None ABSENT: Mr. Champagne ABSTAIN: Mrs. Goedert Discussion held before vote: Councilman Goedert-It is unclear to me as to what we are tabling. Councilman Turner-For that list of Attorney Pontiff- I guess you are tabling, if I could speak, I guess you are tabling the application for permit pending the answer to these question, that Mr. Turner has raised and if we could satisfactorily answer those question I presume you would grant the permit but I cannot speak for the board. Councilman Goedert-Mr. Turner was one of your questions the variance? Councilman Turner-No. Councilman Goedert-I do not agree with that. I do not know what my vote has to be? Town Counsel Schachner-You can take either position on tabling. Councilman Goedert - I would like to add the variance part to his list of... Deputy Monahan-There is no way you could do that. Councilman Turner-You cannot Deputy Monahan-You cannot tell him to go for a variance. . .we are just tabling it, it is up to him what he does after we table it. Councilman Pulver-Tabling it is just a no action. Councilman Turner-You just are voting on the motion as present. Councilman Goedert-I do not want to give the.. Councilman Pulver-Abstain. Councilman Goedert -abstain from the vote, because I am not going to give the impression to these people that they are going to come back with these answers and I am going to vote in favor of Councilman Turner-I am not giving them that impression. Councilman Goedert-Well, that is what I perceive from what Mr. Pontiff is saying. Councilman Turner-Well, that is his opinion. Councilman Pulver-One of the things that we did say if he came back with a trailer the same exact size up graded he would be able to get a permit and Councilman Monahan-We really need to go on with this vote. (Vote taken) 2.0 HEARING OPENED UNSAFE STRUCTURE 692 GLEN STREET OWNED BY RITA FRASIER/FL YNN Deputy Monahan-Is there anyone here to speak either for or against this? Jim do you have some background on this since Dave it not here that you would like to tell the Board before we start? Councilman Pulver-This is the same building behind Glen Beverage that we have been talking about for months? Director Martin-Since the last time that this has been discussed Dave, I and Ted it was in his ward met out at the site and we went through the building it is in very poor condition and I did see water in the basement we had flashlights with us and we looked down into the opening for the basement and I would say there was about foot and a half two feet of water in the basement when we were there and that was last week. Councilman Goedert-I noticed that the resolution only offers demolish, is this, piece of property was tied up in litigation was it not? Director Martin-I believe it was yes. Town Counsel Schachner-Bankruptcy Councilman Goedert-Which has all been taken care of? Town Counsel Schachner-Correct. Councilman Goedert-So should our resolution not be demolished or repaired within a certain time frame? Councilman Pulver-We have given them ample opportunity to repair it. Councilman Goedert-I believe the litigation just came out. Councilman Turner-Do you have anything from Mrs. Flynn relative to the property? Director Martin-I have not received anything. Deputy Monahan-I think we have someone from the audience that would like to address the board. Would you please come up to the table and give your name. Ms. Rita Flynn-I am Rita Flynn and I have an attorney who is unable to be here this evening because it's the beginning of pass over and it's the first night of the ...he said and he would like to have this addressed at another time. There is a sale that's being anticipated. Councilman Pulver-When do you think we would be able to get together with you and your attorney on this? How soon, a week, two weeks, three weeks. Ms. Flynn-With the possibility of this sale I do not know I think those things take a length of time. Councilman Pulver-Well, in the mean time I think Town Counsel Schachner-Can we ask who your counsel is? Ms. Flynn-Katzman, Robert Katzman. Deputy Monahan-Jim has this building been made secure? Director Martin-Yes Councilman Turner-Yes it is secured. Director Martin-It has been boarded up from that stand point it has been secured. Councilman Goedert-I know that this has been on the docket for a long time and a number of times once again would there be any problem in delaying this? Are we tying our own hands by accepting or Councilman Pulver-Can we extend the sixty days. Director Martin-Well the building is secured Deputy Monahan-The water and electricity Director Martin-The water and all that is turned off the power has been shut off we do monitor from time to time there has been evidence of people in there making fires in the fire places things like that so we have been trying to keep an eye on that stuff. But beyond that it is secured. We boarded it and I think what is happening is boarded up with screws and nails and they pry it off to get in there. We have been trying to check it. Councilman Pulver-Mrs. Flynn if we gave you sixty days and if that was not enough but at the end of the sixty days you could come back to this board and report where you are in the process of the sale and let us know kind of what is going on? Ms. Flynn-I will certainly let Mr. Katzman know that and I think he would be a better judge of whether that is a reasonable length of time, I do not know. Councilman Pulver-Well, if we make a motion for sixty days and if it is not, maybe you could have your attorney call. Deputy Monahan-Mrs. Flynn can you make the building more secure than it is so we do not have to be concerned about someone getting in there with water in the cellar? Ms. Flynn-This gentleman just said it was secured. Deputy Monahan-Apparently they are getting it off, you said because of the way it is done? Councilman Turner-If they want to get in there Betty they can get in there. Director Martin-I don't know if anybody could stop them, ...twenty four hour patrol I amjust saying that we did find evidence of people in there. Now, this pending sale is this, I am unclear is this from a previous owner to you or from you to a potential new buyer. Ms. Flynn-To a potential new buyer. Deputy Monahan-Mark what do we do about this public hearing, close it, re-advertise it, with the sixty days leave this open? Town Counsel Schachner-Any of the above, really, but I am not hearing a lot of out cry from the standpoint of anybody speaking at a hearing you can end the hearing now and just revisit the issue with the property owner only after sixty days or you can have another hearing after sixty days if you wish. Deputy Monahan-But it is not compulsorily by law that we have another hearing. Town Counsel Schachner-No I don't believe it is. Deputy Monahan-So do you want to close the public hearing? Councilman Goedert -Sure. Deputy Monahan-Then we can close the public hearing and then we can entertain your motion. No one else in the audience wishes to speak on this matter, I will Close the Public Hearing. RESOLUTION TO TABLE ACTION FOR SIXTY DAYS RESOLUTION NO. 168.97 INTRODUCED BY: Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pu1ver RESOLVED, to table action by the Town Board for Sixty Days regarding unsafe structure located on property located at 692 Glen Street and owned by Rita Frasier/Flynn for her Attorney to report back to our Attorney and or Executive Director James Martin. Duly adopted this 21st. day of April, 1997 by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mrs. Monahan NOES: None ABSENT: Mr. Champagne 3.0 COMMUNICATIONS The following was read by the Town Clerk: To the Town Board of Queensbury Ladies and Gentlemen: Concerning the annexation of the property known as Cole Woods being in the boundary of the Town of Queensbury. We the members of Mohican Grange, at a regular meeting held on April 11, 1997, did discuss and a motion was made and carried to submit a letter or petition to the Town Board requesting them to use every means possible to protect the interests of the people and to maintain the boundaries of the Town of Queensbury as they now exist. And that they cooperate with the City and Towns that border the Town of Queensbury in projects that would be of benefit to all concerned. Members of Mohican Grange #1300 /s/ Peggy Nobles, Master H. Russell Harris Legislative Committee Board requested that a copy of this communication be forwarded to the Glens Falls Common Council. 4.0 RESOLUTIONS RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF LOCAL LAW NUMBER 3, 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 161 TO BE ENTITLED, "SPECIAL SALES EVENTS" WHICH CHAPTER SHALL PROVIDE FOR THE TEMPORARY USE OF LAND FOR SPECIAL EVENTS RESOLUTION NO.: 169.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pu1ver WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by adding a new Chapter 161 to be entitled "Special Sales Events," which Chapter shall provide for the temporary use of land for special events, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to conduct compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the SEQRA Rules and Regulations, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Environmental Assessment Form, and thoroughly analyzing the action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk's Office is hereby authorized and directed to file it in accordance with the provisions of the SEQRA regulations. Duly adopted this 21st day of April, 1997, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan NOES None ABSENT: None Discussion held before vote: Councilman Goedert -Special Sales Event, Jim. Director Martin-If you recall this was discussed several weeks ago and we went back and made some changes in light of the comments received and I believe those are highlighted in the copy you have attached to this next resolution. We tried to address some of the comments that were made during the last public hearing one was about the fee, the fee was lowered to one hundred and twenty five dollars. We did our best to try, that is based on what we figured our costs were for two inspections associated with each permit given as well as the administrative processing. We tried our best to link it to that. We matched the number of days on page four with the number of days in the temporary sign code that seems to make sense. These things are probably, the will want to advertise or have signage, will be applying for a temporary sign. Councilman Goedert-This is being consistent with the normal sale the normal use, that they could not bring something new into it. Director Martin-Right. We had some basic clean up language we talked about this at Planning Committee I do not know if Ted or Betty have any other things they want to highlight. Councilman Turner and Monahan agreed with the changes. Director Martin-The only one thing I would point out at page three at the top, it does not appear that, that highlighted section if you read it carefully I think there might be a need, there might be a typo in there, that sentence, it says; all signs shall be in conformance with the Town of Queensbury Ordinance for temporary signage and applicable sign permits shall be applied for application... Deputy Monahan-With the application Director Martin- I just want to make sure that you realize that. Deputy Monahan-Jim there is one other typo and that is on page 4 Alone of the parentheses was left out. Director Martin-Those are primarily the highlights. I think is was clarified that this was for outdoor events. SEQRA A, Does action exceed any type I threshold in 6 NYCRR, Part 617.12? no B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? no C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? no C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? no C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? no C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? no C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? no C6, Long term, short term, cumulative, or other effects not identified in C l-C5? none C7, Other impacts? (including changes in use of either quantity or type of energy)? none D. Will the project have an impact on the Environmental characteristics that caused the establishment of a CEA? no E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? no REASONS SUPPORTS THIS DETERMINATION: NO ADVERSE ENVIRONMENTAL IMPACT, WITH THE STANDARDS THAT WE HAVE PUT IN THE LAW ITSELF WE HAVE TAKEN CARE OF, THE PERMITS WILL NOT BE ISSUED THAT WOULD HAVE ANY OF THOSE AFFECTS. RESOLUTION TO ENACT LOCAL LAW NUMBER 3, 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 161 TO BE ENTITLED, "SPECIAL SALES EVENTS" WHICH CHAPTER SHALL PROVIDE FOR THE TEMPORARY USE OF LAND FOR SPECIAL EVENTS RESOLUTION NO. 170.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by adding a new Chapter 161 to be entitled, "Special Sales Events," which Chapter shall provide for the temporary use of land for special events, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on March 3, 1997, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to Amend the Code of the Town of Queensbury by adding a new Chapter 161 thereof, entitled, "Special Sales Events," to be known as Local Law Number 3, 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 21st day of April, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan NOES None ABSENT: Mr. Champagne Discussion held: Director Martin-As amended. RESOLUTION AUTHORIZING TOWN HISTORIAN TO MAKE APPLICATION FOR QUAKER CEMETERY TO THE NATIONAL REGISTER OF HISTORIC PLACES RESOLUTION NO.: 171.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Historian desires to apply to register the Quaker Cemetery in the National Register of Historic Places, and WHEREAS, the Town Board of the Town of Queensbury and Town Cemetery Commission have no objection to the Historian making the application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Historian to apply to register the Quaker Cemetery in the National Register of Historic Places. Duly adopted this 21st day of April, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mrs. Monahan NOES None ABSENT: Mr. Champagne RESOLUTION TO CONDUCT MARCH OF DIMES WALK AMERICA WALK-A-THON RESOLUTION NO. 172.1997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the March of Dimes Birth Defects Foundation has requested permission to conduct their Walk America Walk-A-Thon as follows: SPONSOR: EVENT: DATE: PLACE: March of Dimes Birth Defects Foundation WALK AMERICA WALK-A-THON Sunday, April 27, 1997 Beginning and ending at Adirondack Community College (Letter and map regarding location of run attached); and WHEREAS, the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the March of Dimes Birth Defects Foundation naming the Town as an additional insured for the Walk America Walk-A-Thon in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the March of Dimes Birth Defects Foundation to conduct the Walk America Walk-A-Thon as described above, and BE IT FURTHER, RESOLVED, that conducting this Walk-A-Thon shall also be subject to the approval of the Warren County Superintendent of Public Works, Fred Austin. Duly adopted this 24th day of April, 1997, by the following vote: AYES Mrs. Pulver, Mr. Turner, Mrs. Goedert, Mrs. Monahan NOES None ABSENT: Mr. Champagne RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO.: 173.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert 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: ASSESSMENT: FROM: TO: $ AMOUNT: 01-1355-4010 (Office Supplies) 01-1355-2010 (Office Equipment) 150.00 and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 21st day of April, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan NOES None ABSENT: Mr. Champagne RESOLUTION REFERRING APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET FOR DEXTER SHOES (KEVIN MC DONNELL) TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO.: 174.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Kevin McDonnell has applied to the Town Board of the Town of Queensbury for a Transient Merchant and/or a Transient Merchant Market License, and WHEREAS, the Town Board of the Town of Queensbury is desirous of referring said application to the Town of Queensbury Planning Board for recommendation and site plan review as is required by Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, following such recommendation, the Town Board of the Town of Queensbury will then review the application and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application for a Transient Merchant/Transient Merchant Market License be submitted to the Planning Board for the Town of Queensbury for report and recommendation: DEXTER SHOES (Kevin McDonnell) - Location of Market: Dexter Shoes, 1499 State Route 9, Lake George, New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its desire to be lead agency for the SEQRA review of this project and directs that the Department of Community Development notify any other involved agencies of this. Duly adopted this 21st day of April, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mrs. Monahan NOES None ABSENT: Mr. Champagne RESOLUTION IN SUPPORT OF THE ADIRONDACK REGIONAL WINTER OLYMPIC GAMES RESOLUTION NO.: 175.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury and the County of Warren have benefitted somewhat by our regional proximity to the 1932 and 1980 Winter Olympic Games which were held in Lake Placid in the Adirondack region of New York State, and WHEREAS, several regional civic leaders have proposed an effort to once again ignite the Winter Olympic torch in Lake Placid and in the Adirondack region for an unprecedented third time in the not too distant future, and WHEREAS, the sponsorship of the Adirondack Regional Winter Olympic Games would bring world class athletics, immense economic gain, and international recognition to the entire Adirondack region and to the State of New York, and WHEREAS, the Town of Queensbury and the County of Warren have the potential for much greater economic benefit from a third Winter Olympics being held here on a regional basis in our Adirondack region rather than only in one location what with the sheer number of participants, their families, the media and the spectators, and WHEREAS, the plans, preparations, logistical coordination and financing required to host an Adirondack Regional Winter Olympics or "Adirondack Games" will require considerable effort, resources and time among all residents of the Adirondack region and the State of New York over the next several years, and WHEREAS, the passage of resolutions of support on a regional basis to return the Winter Olympic Games to our region to be known as the "Adirondack Games" be done by a majority of the region's Villages, Cities and Towns before making a bid proposal to the U.S. Olympic Committee, and WHEREAS, the Town Board of the Town of Queensbury realizes the need for a not for profit organization or committee to see to the necessary details to submit a bid for a future Winter Olympics to further benefit our entire Adirondack region, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury is in full support of the formation of a committee or organization made up of both public and private sector officials to begin the process to be considered to host the Adirondack Games in the not too distant future at Lake Placid and throughout the entire Adirondack region here in New York State, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby supports and urges the New York State Legislature to support bringing the Olympic Games back to New York State and the Adirondacks, and we also urge all of our residents to contact their State and Federal legislators and urge support as well as urging cooperation and unity among our neighboring Cities, Villages and Towns toward our success of the "Adirondack Games" and that copies of this resolution be sent to our State leaders and members of the U.S. Senate and Congress. Duly adopted this 21st day of April, 1997, by the following vote: AYES Mrs. Pulver, Mr. Turner, Mrs. Goedert, Mrs.Monahan NOES None ABSENT: Mr. Champagne RESOLUTION AUTHORIZING ADIRONDACK NAUTILUS, LTD. TO HOST TWO (2) 5K RACES RESOLUTION NO. 176.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Adirondack Nautilus, Ltd., has requested permission to conduct two (2) 5K races (runs/walks) as follows: SPONSOR: Adirondack Nautilus, Ltd. EVENT: 5K RACE (RUN/WALK) DATE: Saturday, May 17,1997,9:00 a.m. and Saturday, August 9, 1997,9:00 a.m. PLACE: Beginning at Queensbury Racquet Club/ Adirondack Nautilus on Glenwood Avenue, north on Bay Road to Adirondack Community College and returning to Adirondack Nautilus. The run will be conducted on the east side of Bay Road and will return on the west side of Bay to Glenwood Avenue. (Letter regarding location of run attached); and WHEREAS, the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the Adirondack Nautilus, Ltd., naming the Town as an additional insured party, to hold their two (2) 5K races (runs/walks) in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Adirondack Nautilus, Ltd., to conduct these races as described above, and BE IT FURTHER, RESOLVED, that conducting these races shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 21st day of April, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mrs. Monahan NOES None ABSENT: Mr. Champagne RESOLUTION AUTHORIZING CANOPY ON TOWN COURTHOUSE LAWN FOR ADIRONDACK NAUTILUS RACES RESOLUTION NO.: 177.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Adirondack Nautilus, Ltd., has requested permission to place a canopy on the grounds of the Town of Queensbury Courthouse Lawn on Glenwood Avenue for their Annual5K Races scheduled for Saturday, May 17, 1997 and Saturday, August 9, 1997, and WHEREAS, Adirondack Nautilus, Ltd., has provided a Certificate of Liability Insurance naming the Town as an additional insured party, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Adirondack Nautilus, Ltd., to place a canopy on the Town of Queensbury Courthouse Lawn on Glenwood Avenue on May 17, 1997 and August 9, 1997, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further directs that Adirondack Nautilus, Ltd. shall have the responsibility to clean and/or repair the site after each race. Duly adopted this 21st day of April, 1997 by the following vote: AYES Mrs. Pulver, Mr. Turner, Mrs. Goedert, Mrs. Monahan NOES None ABSENT: Mr. Champagne RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. , 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REVISING CHAPTER 136 ENTITLED, "SEWERS AND SEWAGE DISPOSAL" RESOLUTION NO. 178.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury a draft of Local Law No. _ of 1997 entitled, "A Local Law to Amend the Code of the Town of Queensbury by Revising Chapter 136 entitled, 'Sewers and Sewage Disposal,'" which Local Law revises certain sections in Part 1, "On-Site Sewage Disposal Systems," of said Chapter 136, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the New York State Municipal Home Rule Law and Article 16 of the Town Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 5th day of May, 1997, to consider said Local Law No. _ of 1997 and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _ of 1997 in the manner provided by law. Duly adopted this 21st day of April, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mrs. Monahan NOES None ABSENT: Mr. Champagne Discussion held: Councilman Goedert-On page three item B, Item 18 in parenthesis there; All holding tanks must be installed below the original grade as existed prior to installation of the holding tank? Deputy Monahan-If you have brought in fill for a lot already then the grade that has been established by that fill is the grade that they are talking about in relationship to the structure in the holding tank. Councilman Goedert-There is no mis-intrepretion that can come out of the little sentence as to what is the initial grade? Director Martin-Right, that is why we were careful putting the word the original grade. RESOLUTION AUTHORIZING ENGAGEMENT OF APPLIED GIS, INC. FOR COMPUTER SERVICES - UPDATING THE TOWN'S MAP INFO TAX PARCEL COVERAGE RESOLUTION NO. 179.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner Discussion held: Director Martin-Reviewed for the Board the project...Councilman Goedert-Questioned if the price is excessive...Director Martin-suggested the Applied GIS, Inc. speak to the Town Board at the next Workshop session...Councilman Pulver and Councilman Turner withdrew their motion... It was noted that the next resolution entitled Resolution authorizing engagement of applied GIS, Inc. to provide on-going tax parcel update services would not be acted upon at this meeting. 5.0 PLANNED DISCUSSIONS OLD BUSINESS NONE NEW BUSINESS NONE 6.0 TOWN BOARD MEMBER MATTERS NONE 7.0 ATTORNEY MATTERS NONE 8.0 OPEN FORUM Mr. Pliney Tucker-Re: Traffic Light Contract questioned the $6,000 per year is it a year? Board-yes. Mr. Tucker-Asked if there was anyone employed by the Town that we could get qualified? Councilman Goedert-We are looking into that. Mr. Tucker-Re: Paving of Big Boom Road 6/10 of a mile needs to be done.. .asked for funding to do so, noted that the school bus has gotten stuck in that area .... noted his daughter has a house on that road. Councilman Goedert-I will bring it up and encourage it at the Highway Committee Mr. Tucker-Re: W.G.F. Cemetery noted damage at the W.G.F. Cemetery spoke to Mr. Mosher and he noted there is technology available to repair the damage... Deputy Monahan-Will bring it up at the next Cemetery Commission meeting. Doug Irish-Spoke to the Board supporting the use and benefits of the GIS system. Questioned if there has been any developments regarding Queensbury Forest? Town Board Meeting on May 7th, 1997 Mr. John Strough-I just want to be educated here on Aviation Road construction and what is being planned, can you tell me what is going to be included in Phase II of that, Jim. Director Martin-Do you want me to field that one? In terms of the Phase II the surveyor has been retained and a design engineer has been retained, to give detailed design on the preferred alternative that came out of the study from Harza. That entailed a three lane section from Manor Drive where we ended last summer to the intersection with Dixon Road, then from Dixon Road to Potter would be a four lane section and then throughout that whole section there would be some work to the intersections to try and widen them out a little bit. Most specifically would be Dixon Road we have look, I think that the preferred alternative in that scenario would be to bring Dixon Road over a little bit more to the west so it would align with Farr Lane, within our right of way as much as we could. That basically the approach. Mr. Strough-All right so all of that would be Phase II? Director Martin-Yes. Mr. Strough-And when are you planning in initiating construction? Director Martin-That, I, its a little bit premature. We have got to wait to see what the design engineer comes back with because at that point that is when we can begin to get a handle on the cost and what types of specific if any parcels that we have to buy, you know, then I think once we know that we will be in a position to may be start setting a time frame, but right now it is a little early I would say. Mr. Strough-Ok. I made myself very through with the most recent Harza Traffic study the one dated April 4th. I think I have it memorized and I am very familiar with the preferred alterative and I did see problems with that, with cars making a left hand turn as they are traveling west on Aviation Road onto Dixon they would tend to block the cars who wanted to exit and travel east on Aviation coming from Farr Lane, one would tend to block unless you had a traffic light there, but I do not think any is scheduled for Farr Lane and Dixon. I see the same problem with traffic traveling west on Aviation and wanting to take a left hand turn onto Potter. Those cars would be blocking cars that wanted to exit Fox Farm and travel east on Aviation. Councilman Goedert -You still are into a right of way at an intersection no matter how you look at it. Mr. Strough-Lets deal with reality here, I know that and you can have white solid lines there but when cars are going to take a left hand turn they are going to pull as far adjacent to that left hand turn as they could and Councilman Goedert-I do not understand what you are saying, John. Mr. Strough-Well, take a look at it Connie and I can even go through with it, through it with you if you want me to, I just saw problems with it. Councilman Goedert-Problems with the design? Mr. Strough-Yes. Director Martin-You mean in terms of radius and things like that? Mr. Strough-No, in terms of where the engineers in the Harza report have allocated certain cars, assuming that the cars are going to be in this position and taking a left hand turn, in reality I think they will be much further into the direction to which they are going to turn. Director Martin-I do not see where it is going to be any different than any other intersection in town then, where you have a similar situation. Mr. Strough-No. So it does not resolve anything. Director Martin-But, I do not see where there is a, that is not the point of the correction that is being made. Mr. Strough-Ok. Well, I will go on because there are other things, but just let that be noted. The Harza Study also says that Aviation Road as well as intersection with local streets along the route operate at acceptable levels of service in their existing condition. Essentially they say there is no traffic problems no serious traffic problems along the Aviation Road corridor. Ok. Director Martin-For the record John is that a position that you agree with? Mr. Strough-Yes it is. Director Martin-Thank you. Mr. Strough-And also I noted that the Harza study investigated future conditions for the year 2001 upon the completion of Indian Ridge. I do not think that there exists a study, a traffic study that looks at traffic along the Aviation Corridor to the year 2001 without Indian Ridge is there? Director Martin-I cannot recall, speaking for me, I cannot recall. Mr. Strough-Well, I do not believe that there is. Councilman Goedert-Well, I think is you tie the whole project into Indian Ridge I think you can come up with that but I do not believe the upgrade to Aviation Road were in effect being done because of Indian Ridge. Mr. Strough-All right then lets get back to what the Harza Traffic Study says and that says that there is, that all traffic along this route are operating at acceptable levels of service and would continue to do so within the foreseeable future. Director Martin- I do not know if it says that. Mr. Strough-Well, we do not know differently because the only studies that have been done have included Indian Ridge in it and I think we all know that Indian Ridge is not a done deal. Director Martin-It states specifically, traffic volumes along Aviation Road in the Town of Queensbury continue to grow this growth is the result of the increasing population at the Queensbury School Central School which is located along the North side of Aviation Road. Other contributing factors are development along the local streets intersecting with Aviation Road which services one of the three access points in the Town. I think what is being noted first and formost in the increased use at the school and also the growth around it which is resulting in a background traffic increase of about two percent per year. Mr. Strough-Who came up with that conclusion? Director Martin-That has been noted in many traffic studies John beyond this one. There is corridor studies done back as long as 1991 and 1992 that sited two percent background growth in traffic in the Town, and that is consistent with the population growth.. Mr. Strough-All right, well even at two percent growth it seems by my reading of this traffic study that without Indian Ridge that there are no serious problems in this Aviation Road corridor. Director Martin-I do not know how you can say that when it specifically says it raises first and foremost the increase in the school population. Mr. Strough-But that is an assumption. Director Martin-It is an assumption that resulted an eleven million dollar expansion project. Councilman Pulver-And a two percent growth, background growth. Mr. Strough-How much is Phase II going to cost the taxpayers? Councilman Goedert-We do not know that as yet that is what we are waiting on the engineering reports for. Mr. Strough-I believe that it is going to be quite expensive. I just as soon give Jim his money for computer update if I had my priorities and I would probably help the people in Queensbury Forest if I had my priorities. And also, in the study it said traffic data collected for the traffic impact study, came from the Indian Ridge development. This forms the basis of this study. So, their assumption is that the study that was done for Indian Ridge is entirely accurate because their study is based on the Indian Ridge people. I think we have learned from Queensbury Forest and other factors in the past that you cannot always depend on the developers studies. Councilman Goedert-John, I would like to ask you a question is that your interpretation? Mr. Strough-No. Councilman Goedert-Or do you have the study sitting in front of you? Mr. Strough-I have the study sitting in front of me. Councilman Goedert-Jim. Director Martin-I have one also, a copy also. Councilman Goedert-When we did the study when we did Aviation Road for Harza to begin with was Indian Ridge into that? Director Martin-No, this done, this was initiated before and has always been a separate project a separate function a separate task. Councilman Goedert-So, what is John's comment about Indian Ridge's now in the plans for Aviation Road, the fact finding or traffic study? Director Martin-It is not uncommon for someone doing traffic analysis or when they are doing analysis for transportation improvements to reference the most recent available data because that is thought obviously to be the most accurate. It happens all the time, you know when you get into the commercial district we have had it happen all the time, Walmart Traffic Study was done they referenced the Route 9 254 intersection study because that was the most recent traffic data available. Other commercial developments referenced prior to that the Aviation Road Mall Expansion Traffic study because that was the most accurate and available. The Quaker Plaza at the corner of Glenwood and Quaker did the same thing, they reference previous traffic studies as being the most accurate information and it is not uncommon. Especially the focus of this really was not traffic analysis the focus of this was improvement to be made especially in Phase I you were looking for an actual capital improvement. Councilman Goedert-Thank you. Mr. Strough-Well, the point that I wanted to make is that there seems to be a problem when we look at what a developer may put forward to us as fact and in the past has turned out to be not quite true that there is a problem with the situation that we do this. I do not know the answer to the problem but I just note the problem. Director Martin- Well, I again I have to jump in I mean lover see this process a lot not just for this board but for the Planning Board and the Zoning Board and you know, the Town of Queensbury is one of the most scrutinizing municipalities in this entire region when it comes to third party review of information submitted. And, I think what is unfair and just not accurate is to sit here and ask for perfection in every instance when it happens. I think given the number of reviews that we go through to sit here and constantly refer to Queensbury Forest, one in how many hundreds of housing units have been looked at in this community and built and are problem free is not an exact science and its unfair to expect perfection in every instance and I think it is doubly unfair to refer to the one instance where we have had a problem. You know I am not saying it is perfect but we do our level best and I think it is a very scrutinizing process and we do our best to find that there is a problem. Mr. Strough-Well, Jim, I do not want you to take this personally Director Martin-I am not taking it personally I amjust stating a fact. Mr. Strough-All right, I have a high regard for you and I think you are very professional. But, what I am saying is, is that we did have a big problem and we do have a big problem in Queensbury Forest and personally you know where I stand on Indian Ridge I see serious problems with that developers studies too, and we provided the professional people to put those studies in question enough so that we are in the court room. Deputy Monahan-Excuse me for just a minute but Jim to take this away from Indian Ridge and I do not have the document in front of me but if I remember back when the comprehensive master plan group was studying traffic the plan that was adopted finally in 1989 at that time they were looking for methods to move the traffic away from Aviation Road and lessen the affect on Aviation Road. What we are doing now is taking a different approach by improving Aviation Road. Would you agree with that and Indian Ridge was not even thought of at that time. Director Martin-I would agree with that emphatically because if you look at the specifics in the Comprehensive Land Use Plan it called for a local arterial to be constructed from Aviation Road through the Critical Environmental Area and the Rush Pond Wetland and hook up that, and cross the Northway and intersect with Round Pond Road at Route 9. Deputy Monahan-And the purpose was to help move the traffic in a western part of Queensbury Director Martin-Exactly. Deputy Monahan-And that traffic was based on the population that the Zoning that was established in 1988 would bring in to the western part of this community it had nothing to do with Indian Ridge and in fact Indian Ridge was not even zoned for Indian Ridge at that time. Mr. Strough-Yea, lets not even bring up the 1989 Comprehensive Land Use Plan. Deputy Monahan-What I am saying is, you know you keep basing everything on the premise that Indian Ridge is the driving force as far as I am concerned that is a very false premise and as long as you keep basing it on this premise. Mr. Strough-No, no, lets bring it back to my original premise the quote from the Harza study, Aviation Road as well as intersections with local streets along the route operate at acceptable levels of service in their existing condition. Deputy Monahan-And that is at the date that they were talking about in Mr. Strough-This was two weeks ago. Deputy Monahan-good planning you don't look at whether it is just something is acceptable today you also look at the zoning and again keep Indian Ridge right out of it the zoning that's allowed right now what the impact is going to do on your roads and you try to be pre-active I guess was the word I should say rather than reactive to it do it after it happens and that is the purpose of the Harza study to make the traffic in this town for many years flow the way it should flow. Mr. Strough-Generally, I agree with you the proactive approach but in this case I think the widening the further widening of Aviation Road if overkill. I Director Martin-John, what does the next sentence say in that plan? Do you have it or would you like me to read it? Mr. Strough-I do have it but I have written my notes here and Director Martin-However, the Town as a proactive measure initiated this report as a means to develop plans for maintenance of these levels as activity at the School intensifies and background growth in traffic volumes increases. Mr. Strough-The second part of that Director Martin-That is what is a continuing and I will be quite frank, speaking for me, it is quite frankly annoying to continually have things taken out of context in little bits and sounds bits Mr. Strough-Oh, Yea, Jim that is what I like too. Director Martin-pulled out of the plan. Mr. Strough-Things taken out of context because now you are talking about the year 2001. Director Martin-and that is exactly what you are doing with that reference to that first sentence. Mr. Strough-2001 with the completion of the Indian Ridge project. Deputy Monahan-And Mr. Strough I will say to you that I had a Town or excuse me a School Board member say to me several years ago probably at least three maybe longer that as a School Board they were concerned about where they were going to put the parking for all the additional children that are now driving cars to school, that has an impact. Compare the number of people that are driving cars to that school compared to ten years ago figure what that impact is. Mr. Strough-Well, I just Deputy Monahan-We are expecting these taxpayers to put parking lots in this school so these pupils can drive to school we also have additional teachers. Mr. Strough-I think that the Town has remedied the current and even the potential future problems by making Aviation Road three lanes up to the current situation. Deputy Monahan-We also have to get them there. Councilman Goedert -So what you are saying you do not want it to go any further? Mr. Strough-I am saying that for now I think we could use the money better for other things. I mean seventy five thousand dollars for well, fourteen thousand nine hundred for engineering services, nine thousand five hundred and seventy five for surveying fees and fifty thousand five hundred and twenty five just as initial capital construction you know, and that is the small part of this project, it is going to be very expenSIve. Councilman Goedert-Well, you know John, at the beginning of every year we do a budget and that is when that money was put to make the Capital Projects because if we do not do anything at that point in time for Capital Projects then we have no chance of doing anything. Unknown-...tax break Councilman Pulver-Your taxes are based on what the budget is at the beginning of the year. Councilman Goedert -So, even if we do not touch it Aviation Road right this year it might be next year it might be the year after that, that seventy five thousand dollars is going to stay right there. Now, you comments as to using it to straighten out Queensbury Forest or your comment as doing the GIS plan with it that money is not going to be used for that anyways. Mr. Strough-You can switch money from one account to another. Councilman Goedert-Not from the Highway Dept. I can't. Deputy Monahan-No you can't, you cannot take it out of that kind of a reserve fund. Mr. Strough-Ok. All right in any event I just would not allocate anymore toward it. Now, you are going to widen Aviation Road to four lanes from Dixon Road to Potter, now the Harza Study suggests that you don't do that. They suggest that you do not do that because the cars that would be coming out on Aviation Road from Dixon would be set back at such a distance they will not be able to see on coming traffic. The Harza study said that sight distance according to New York State should be five hundred and thirty feet for roads that approach forty miles per hour. They said that would be insufficient because of the fences and trees and other things that would block a persons view. They did not recommend a four lane highway as such as was put in the preferred alternative. Director Martin-Again, I have to correct that, that is not what it says. Mr. Strough-Unless there is a traffic light there. Director Martin-That is not what is says, that section, that section that it is talking about I will read it John, what that is talking about is the approach of Potter Road to Aviation and it is a discussion, that there are two alternatives for how the turning movements on that approach are handled. It is not speaking to the four lane section of Aviation Road at all it is speaking about the approach to Potter Road whether that right hand turn there should be two right hand turns allowed to enter into Aviation or one right hand turn a dedicated through and a dedicated left. It is not talking about the four lane section of Aviation Road. Mr. Strough-Well, I am going to disagree with you there and are we going to have like an educational open forum on this or are we just going to go ahead and progress and do it to Aviation Road, regardless of public input? Councilman Goedert-We have discussed that on whether or not to when we get everything, we, you are far ahead of us John, then we are we have not received any reports back from the engineer that I know of. At that time it will be reviewed and I believe that there will be a public input session. Where you can stand in line and wait out the door like, we will have the air conditioning on. Mr. Strough-And hopefully that might have an impact. And I may stand alone in my feelings about Councilman Goedert -Oh, I am sure. Mr. Strough- further extending. Ok. Now, talking about priorities how about that red light across from the Church on Aviation Road and it is the intersection at the tennis courts. Now, I do not have a factual count but I think I have stopped at that light more times for no cars than I have stopped at that light for when there was really cars. Can we get that fixed. Councilman Turner-Let me give you an answer, all right, the light has not been fixed because we just hired the city electrician and when he comes on board he is going to take care of it. Mr. Strough-Good. All right that is good news. One other traffic light too, the one when I was coming out of Meadowbrook Road onto Quaker Road, I was taking a left hand turn now I am not alone, I am sure that this has happened to other people, you know where I am, over by the Heidelberg. Councilman Goedert-I eat there too. Mr. Strough-I waited there and I waited there and I waited there and I see the cars come and go and I got my family in the car and everything so anyway I said the heck with it there is no cars coming I am going to go. So, I went, well, I saw some lights then, he pulled me over and he said you know why I am pulling you over I said yea, I know why I am pulling you over. I said how long am I supposed to wait at that red light you know, the end of the winter, he said no I have had the same problems with that red light see you later. Councilman Goedert-What was the officers name? Mr. Strough-I do not know, he was a young guy. So, in any event if I had my priorities I would putting this money elsewhere. Thank you. Deputy Monahan-I must say that I use that light a lot and I have never had a problem with it I know a friend of mine on Quaker Road who also was in an accident because somebody did not wait for a light and decided to pull out and they ended up with a totaled car and injuries. Mr. John Salvadore-Encouraged the support of the GIS system...Questioned if the board has an understanding of the encumbrances that come with the cemetery being on the Historic Register are there any benefits.. . questioned the setting of a public hearing on the sewer and sewage disposal ordinance.. Board gave a copy of the proposed local law to Mr. Salvadore. Mr. Salvadore-RE: Street light at DunlIams Bay Road and Route 9L Councilman Turner-We are going to come up and see it. Mr. Salvadore-Re: Driveway Permit Councilman Goedert-Noted that she had spoken to the Highway Supt. and he said if Mr. Salvadore brings the temporary permit down he will sign the bottom of it for final approval. Mr. Salvadore-RE: Town Road questioned if it would be brought up to Town standards... Councilman Goedert-Noted Mr. Naylor has it on his agenda for some care this summer. Mr. Salvadore-RE: Parking Does the Town have any intention to control parking on its Town Road? Noted before it was determined to be a Town road he striped the road so that our guests could park there...are we going to be able to use these parking places we have designed? I don't want one of my quests parking on your Town Road in an area that I have designed parking by painting strips on a road when I thought it was my driveway, I do not want them towed away. Deputy Monahan-You cannot park on driving payment so that seems to me answers your question. Mr. Salvadore-Asked to have no parking signs be placed ... Councilman Goedert-Noted she will take this up at the Highway Committee Meeting. Mr. Mark Benware-38 Hewitt Road-Spoke to the Town Board regarding an area business-sale of motor cross bikes, increased the number of bikes instead of a neighborhood field with a half a dozen riders you have got twenty with out of state plates...noted issue is noise and air pollution..cannot open doors or windows...this is a residential neighborhood... Director Martin-Reviewed for the Board the history of the bikes in that area... Discussion held by the Town Board - noted that the Dept. of State has been called to see if there is any other communities that have regulations on this type of situation...also Code Publishers has been contacted for legislation...spoke about establishing rules and regulations for this type of activity...wet down track, hours of operation, plantings...Board requested that Mr. McDermott be asked to meet with the Board...asked to have something in writing by the next workshop... Ms. Grace Renaud-Lived in area off and on 13 years...never in all the years I have been associated with this area have we ever endured anything like this...this is horrendous...it looks like the track has been put back to the way you people told them to tear it down last year...noted family has lived in the neighborhood for a number ofyears...noted the exhaust from the motorcycles ... Doug Irish-I know that is not a legal track over there, I think you need to be concerned if you cannot get an agreement with him to curtail, if you start to regulate them you may open it as a legitimized track and then you really are going to have a problem. Suggested calling his father in here with him ...noted there is some things you can do about the noise, limit time and what days you can run and get a special permit to run on days other than those agreed to... Mr. Dennis Brower-Queensbury-noted available areas for this type of recreation are becoming restricted, hope that you can talk to Tom Jr. and Sr. and work out a good compromise to help both sides... Councilman Goedert-Maybe we should look at the trails used by snowmobiles why can't they be used for bikes.. . Mr. John Salvadore-Recognize that this motor cross activity exists this man has a right to do it but get some regulations in place, have a sound level, prevent the dust, you can have an ordinance, tighten it up and enforce it. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 179.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Audit of Bills as appears on Abstract dated 4-21-97 and numbered 97155700 through 97175700 and totaling $853,189.27 be and hereby is approved. Duly adopted this 21st. day of April, 1997 by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mrs. Goedert, Mrs. Monahan NOES: None ABSENT: Mr. Champagne Discussion-Ethics Form: Board decided that anyone that received an Ethics Form last year would receive the new one this year... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 180.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board hereby moves into Executive Session to discuss two matters in litigation, Wunderlich and Coles Woods and one personnel matter. Duly adopted this 21st. day of April, 1997 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan NOES: None ABSENT: Mr. Champagne RESOLUTION ADJOURNING EXECUTIVE AND REGULAR SESSION RESOLUTION NO. 181.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board hereby adjourns its Executive Session and Regular Session. Duly adopted this 21st. day of April, 1997 by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mrs. Monahan NOES: None ABSENT: Mr. Champagne Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury