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1997-07-07 REGULAR TOWN BOARD MEETING JULY 7,1997 7:00 p.m. MTG.#33 RES. 261-279 LL#6 TOWN BOARD MEMBERS SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS HIGHWAY SUPT. PAUL H. NAYLOR EXECUTIVE DIRECTOR JOHN GORALSKI PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE QUEENSBURY BOARD OF HEALTH Request for setting a public hearing on a sewer variance for Mr. John Flower has been withdrawn until further notice. PUBLIC HEARING NOTICE SHOWN LOCAL LAW REGULATING PARKING ON DUNHAM'S BAY ROAD IN THE TOWN OF QUEENSBURY Supervisor Champagne-Opened the Public Hearing- Asked that if there is anyone here that would like to speak for or against that particular local law? Yes, Sir. Mr. Jack Cushing-Good evening everybody. My name is Jack Cushing and I am here this evening representing the Queensbury Business Association, with over one hundred members. I am also speaking on behalf of myself and I agree whole heartily with the Queensbury Business Association. I personally live in the Town of Queensbury at 8 Orchard Drive and have a summer residence on Mason Road pretty close to the parking area that we are talking about, therefore Mason Road, Cleverdale, therefore I pay taxes at two locations. Now, I am here this evening to speak on behalf of the Dunhams Bay Sea Ray Boat Company and Karen and Roger Howard the owners of that company. It is my understanding that a neighbor Mr. John Salvadore, has asked the Town Board to eliminate parking on the road that now runs past Dunhams Bay Sea Ray Boat Company. It is the Queensbury Business Association and my view that this request is terribly flawed and has no foundation whatsoever. It is a personal thing that an individual has against lawabiding business oriented citizens and the Town Board has more important issues to solve rather than this request that has absolutely no merit and is rather an argument between private parties. Let me detail a bit of the history on this so called road. The Howards purchased the Dunhams Bay Boat Company in 1970 that is twenty seven years ago. That road was beside their property and in the same condition it is today there is, was twenty five, twenty seven years ago. For twenty five years and because the road was not being used as a thoroughfare and because a new road highway had been built the Howards maintained that abandoned road, and I will call it abandoned for the present time by plowing each winter and by filling in holes and smoothing over the surface. No one else did it in the Town, once the new highway was built did nothing to enhance the old stretch of road. During these twenty five years the Howards used this piece of property as the previous owners had done for parking of cars doing business with them in the transporting of boats into and out of their property. For twenty five years no real issues were heard. Doesn't grandfather rights come into play here or an established usage of a piece of an old road for the past twenty five years? I think it does and I think the Howards have some strong rights on this case. Approximately two years ago the neighbor in question raised the issue again and the board in its investigation said that the road has never been abandoned. So, in a very, very technical aspect the board made the determination that it was still a town road. At this point the Howards stopped maintaining this so called road except for some plowing in the winter time. The road is now crumbling and soon will be impassable if the Town does not maintain it. That is the history of this piece of property, that even more significant is the economic impact on the Town on Dunhams Bay Boat Company. If a no parking ban is instituted. As a Class A Marina which Dunhams Bay Sea Ray is currently and if it does not have parking this class A marina permit would be revoked and the company at this location would have to go out of business. This would be terrible, terrible thing to have happen. Now please listen carefully to this. Over the past ten years the Dunhams Bay Boat Company has sold twenty six million dollars worth of boats and accessories, twenty six million. Does this help our economy, you bet it does. Over the past ten years Dunhams Bay Sea Ray has contributed one point eight million dollars in sales taxes. At the present time they employ around fifteen people. These figures are not small potatoes. Twenty six million in sales, one point eight, it is really one point nine because it is one point eight just about, eight, seven something like that, over the ten years. If you break that down on a yearly basis that is over one hundred and eighty thousand dollars in sales taxes each year and that is significant. This is a significant business. I am a member of the Queensbury Economic Development Corporation and a member of the Capital District Economic Development Association, these organizations and the Queensbury Town Board spent hours and hours and hours trying to get new business into our northern area and into Queensbury. Once and a while we get lucky and here we have an individual that wants to destroy this wonderful business for whatever reasons I do not know, I cannot fathom, but the essence is parking. What a feeble endeavor. In closing lets not table this but lets vote no and allow the parking and keep it as a Town Road if that is your desire and then it stays open. Remember it is not being used as a thoroughfare now and has not for over twenty seven years that can't be open to traffic with todays high speed vehicles. They would not be able to traverse on that road. And remember our economy, twenty six million, one point eight million, fifteen employees. Ask yourselves a question, what is one redeeming value of this request, there is none. If you allow this business to depart we are going to be hypocrites of the worst sort. Thank you very much. Supervisor Champagne-Thank you. Councilman Goedert - I would like to just make something clear in response to the Salvadores and on their behalf. I sit on the Highway Committee as the Chairperson of that committee and have dealt with a number of complaints in reference to this road and at no time has the either one of the Salvadores asked me or the Town Board to put it as a no parking road, that is a decision of or a suggestion that we came with, I brought to the board to bring forward to find out what the stance is on this road. That is where that came from, at no time have the Salvadores asked me to bring it as for no parking, because it also would effect for them. Just that I did catch a comment in your statement Jack, and that this request did not come from John or Kathy Salvadore. Supervisor Champagne-Ok, anyone else? Yes, Sir, Gil? Mr. Gilbert Boehm-Gilbert Boehm, Dunhams Bay I am a little confused it is my understanding that regulations are supposed to be meaningful and enforceable. As I read the words on this I do not, I see very specific references to boundary lines and everything else but no one right now knows, where that road is. Then the question is if somebody parks there as you defined... who is to enforce it? How can we enforce it? There is nothing to indicate any to any party which way should or should not park? And who then is supposed to enforce it, when in fact somebody parks in the wrong spot? Is somebody supposed to call up the Sheriff and how does he know if the individual call up the Sheriff is an example how does he know if the individual the parkee is in the right or the wrong place? Who knows exactly where the boundaries of the road are? Do you? Supervisor Champagne-We were there with our surveyor we have done some work on that road certainly over the last couple of years. My understanding, I saw Mr. Naylor here earlier, Paul, oh there he is over there. It is my understanding from what we got from our surveyor that the Town owns the road from shoulder to shoulder. Mr. Boehm-Are you going to put curbs in then to define it so you know where? Supervisor Champagne-We know where the blacktop stops you know on both sides of the road and it is my understanding, Gil, I could sit here and we could probably argue this, I am only going by what the professionals have advised the Town Board, that part of the road that is from shoulder to shoulder or if you will is owned by the Town. That's the best I can offer. Mr. Boehm-I walk that road almost every other day and I am hard pressed to define where the shoulders are. They are wavering and Supervisor Champagne-And as they waiver, I guess that is our ownership. Mr. Boehm-You could not very well define a parking space that way. If a Sheriff came and went, and got into an argument with the parkee who's word is right? You have got a lot of complications here if you are asking to put this in place. Supervisor Champagne-No question about it. John? Mr. John Salvadore-My name is John Salvadore my wife and I make our residence within one hundred feet of this road I do not know anyone else in the world who does, but I would like to thank Mrs. Goedert for the clarification it has been our insistence for more than a few years that the Town take control of the traffic on this road. Parking is a part of traffic. There are a lot of other aspects which pertain to traffic which needs to be addressed. If I did not bring up this issue to close the road who did? And until that person is identified and has a chance to present the arguments this meeting is without purpose. I will reserve my comments for later. Mr. John Schriner-John Schriner, property over on Dunhams Bay If this road was closed it would be, well, I do not know the right wording it would be hard, my family, because we parked down there continuously my wife has a problem she cannot walk on the hills we take her down to the water with the car, we leave the car when she gets through swimming or what not we take her back up. But if this road is closed to parking that means somebody has to drive her down get rid of the car go back down and pick her up so it is an inconvenience for my family if this was ever closed. At one time when all this started on that road I do not remember Leon ...he was either the surveyor, engineer or whatever and Paul Dusek was in we all took a meeting, not a meeting, we all met on that road, the Town, Paul Dusek, Roger Howard, John Salvadore, myself we walked the road. They came up with the idea that the Town was going to take twenty foot, because that is what it is from the bank of 9L to the corner of Dunhams Bay Boat Company. That measured twenty feet so they figured a twenty foot wide road is fine. Fifteen foot for the road, two and a half feet for gutters on each side. Everbody seemed to be in agreement and then maybe a few months later all of a sudden the Town is going to take the road and the twenty feet went out the door. I brought it up here a number of times what happened to the twenty feet and I guess the answer I got was nobody ever agreed to any twenty feet, well I thought that we all agreed to twenty feet. This would have made parking for whatever on the sides, off of the sides of the Town road. I believe that you have some kind of an ordinance here that says according to Paul Dusek you cannot park an automobile on a Town Road so if the Town automatically takes over the road or tells us how wide the road it is illegal to park on the road to begin with. That was my understanding from Paul. I came here to the Board when Mr. Shortsleeves was alive asking for a permit for handicapped parking, they told me you cannot have one. Paul Dusek told me, put up a sign but it is not enforceable, Dunhams Bay Boat Company was in agreement that they would acknowledge the sign and stay out of the area that I put up for Mr. Shortsleeves which they did, but it was not enforceable. So, like I said if they ever come up with and close this road I would like to know, I heard a statement at the Town here and I think it was from Paul, that we are going to take everything that is blacktopped, that was the understanding that came out at one of the Town meetings one night. Well what do you determine where the blacktop stops, half of that road has not even got no blacktop so does that mean that you automatically can park there if the Town is only going to take the blacktop? Where does the blacktop end when it goes into the Dunhams Bay Boat Company, the whole thing is blacktop right up to the entrance to the building. If you make that statement that we are going to take everything that is blacktopped that means you are going to take his driveway also. It seems to me before you go into no parking you should come up and give us the people that live over there and tell us where the road actually is. This is my feeling, thank you. Supervisor Champagne-Thank you. Yes, Roger Mr. Roger Howard-I am Roger Howard I am the owner of the Dunhams Bay Boat Company. I fail to see, who is going to benefit that the Town were to enact this resolution. The only consequence that I can see is that it would put me out of business. I have no place else to go, I do not have any options. If you did this I fail to see how the citizens would benefit. It is really all I have to say but I do have a few petitions that I would like to (petitions given to Supervisor and turned over to the Town Clerk). Supervisor Champagne-Anyone else care to speak? Mrs. Kathleen Salvadore-Kathleen Salvadore along with my husband the owner of Dunhams Bay Lodge I wish to thank Mr. Cushing for making our case I wish he had been in court when we were fighting this and saying that this was not a Town Road that it was just a driveway. That has been our stance all along. Also we said it was not a Town Road because it has not been maintained, Mr. Cushing again said it has not been maintained for twenty seven years this is what we maintained, however when we were in Court the Town's Attorney said that it is maintained by the Town and in fact Mr. Naylor and his crew plow that road after every snow storm, we know that is not true. So, thank you Mr. Cushing. Mr. Victor Frager-My name is Victor Frager I live in New Jersey you wonder why I am here now, I have a home in Lake Luzerne as well and for twenty three years I have kept a boat in Dunhams Bay at the Sea Ray ownership with the Howards. For twenty three years every single summer my family has come up, my children have been raised on the Lake we have enormously much fun and wonderful times we still come up all the time. When I was up today when I heard this, what had happened here and I was very distressed. The reason why I was distressed is I am a customer just a plain customer of Dunham Bay Sea Ray for twenty three years I have parked on that road it is only a mile long at best, I have parked on the road, never once has anyone have I caused an argument with anyone nor has anyone ever called an argument with me on the transit through the area. Trucks go through there, fuel trucks go through there, trucks to deliver boats go through there never once did anybody give me an ill word or myself had an argument with anybody. Some of the people that park there go to the beach for the Dunhams Bay Lodge many people they never get in an argument. It has just been the best of times and I cannot understand why a road that has no value whatsoever to the Town at all the road, the main road goes right around it, there is nothing there. But it has a great value to many customers and I spent tens of thousands of dollars keeping boats there I think in six figures is I wanted to add it all up and lots of people like me. The Howards are the most decent people I have ever had the pleasure of doing business with they have been kind and considerate always, they could not do enough for us and I have noticed that is the way they treat everybody. I was very distressed when I heard this they did not ask me to come here, I just felt you ought to know that the road has no other value but to keep this company in business and a lot of people who have come up for a quarter century or more in happy times and paying money to the Town and happily doing so. I hope you will consider that when you consider the road. Thank you. Supervisor Champagne-We have a gentleman in the rear there if you will. Mr. George Gohn-My name is George Gohn I live a 579 Luzerne Road Town of Queensbury I have been a customer of Dunhams Bay Boat Company prior to the Howards when the Pensels owned it. That goes back to 1958. I bought my first boat from Don Pensel in 58, that is when I first moved here to the Lake George Region. So, that puts me at thirty nine year customer of that establishment by my math. For the past twenty years I have been a docking customer of the Howards. I also keep the boat or they keep the boat there for me in the winter time. Mr. Cushing pointed out the tax dollars to the Town are considerable probably to interject a little humor I am glad my wife isn't here but I would admit in public that I spend close to five to six thousand dollars per year, with the Howards to keep my boat there. My son fourteen years ago had his first job given to him by the Howards and believe it or not part of his job was to go out there and sweep that road. The Howards did me a favor by kind of making work for him to keep him and teach him a little bit of responsibility etc. as I said every morning he would go out and sweep a section of that road. In the thirty nine years that I have been a customer of Dunhams Bay both the Pensels and the Howards I have not seen one change in the configuration of that road its deteriorated at times the Howards the Pensels and others not the Town to my knowledge have been the ones responsible for the repairs. The marina is one, this marina and one of the reasons that I do business there is one of the few public marinas that offers covered docking and that appeals to me. When you have covered docking with reasonable access that makes the premium to me worth while to put and keep my boat there. Again both Winter and Summer. So, to take a business and to restrict parking or reduce it or eliminate it for me as a paying customer to Dunhams Bay would be a disaster for me personally. I think it would be a disaster as Mr. Cushing and others have said to the business establishment whether it be owned by Roger and Karen or somebody else, that a business like any taxpaying citizen deserves to have reasonable access to its doors. I personally define reasonable access as convenient parking. I think most of you know that my business is located down town Glens Falls and you, all you need to do is pick up the paper every other month or so and listen to the news broadcasts and you will hear the parking situation and the deplorable conditions of parking and so forth as it exists down town. If! could find a reasonable place of business in the Town of Queensbury I would leave down town Glens Falls tomorrow because of the parking problem. Parking effects my business it effects every business. For the Town to suddenly after I believe that road and somebody would want to, has better idea than I, I believe that road was re-constructed probably back in the late thirty or early fortes. I assume from the day that the road was reconfigured that the situation exists as it does today. So, in conclusion I think it, the Town owes any business and owes its citizens to provide somehow the access and the parking for its customers. I think the other thing that has not been discussed other than very just very lightly by someone. If you eliminate the parking and the Howards were able to keep their doors open, where would the customers or that have boats docked there or the transient customers coming in to buy their supplies or their deliveries but lets keep it to the customers, where would they park and how would they get there. Because in my opinion what they have to do if you eliminate the parking is that they have got to cross Route 9N. As my kids grew up through their life from taking them up there as babies to toddlers to the teen years etc. I would not want my kids running across that road back to the car where ever they were unless they were under parental supervision. I know that is not going to happen in every case. So, it would seem to me that you folks on the Board here have got to take that into consideration. And to me that creates a hazard that I do not think any of you would want on your conscience. So, I guess all I have to say is that I hope that what ever the procedure is that perhaps you turn this thing around and deed the road as a possible solution to this problem to the three property owners that border it, you could probably do that for a dollar and let them work out the details of how they are going to get along with each other and keep the road up etc. and I do not think the citizens of Queensbury I cannot imagine that under the circumstances that they would have too much of a problem with that. So I appreciate your time thank you very much. Supervisor Champagne-Thank you. Anyone else first time around. John did you want to add something more? Mr. Salvadore-We need clarification from Mr. Gohn, the Town has no title in any of that underlying land. The public has a right of prescriptive use to that road so there is nothing for the Town to deed to anyone. The only thing the Town can do is either abandon its interest on behalf of the public or enforce their obligations to maintain orderly traffic. In anticipation of this meeting and upon obtaining a copy of the draft local law I sent Mr. Champagne a letter. Supervisor Champagne-John I have that letter I would like to have that read into the minutes if you choose to do it now or when you finish either way. Mr. Salvadore-Do you want me to do it now? Supervisor Champagne-You have the letter there too? Mr. Salvadore-Yep Supervisor Champagne-Fine. Mr. Salvadore- Dear Fred, Since reading the proposed local law which is intended to regulate parking on Dunham's Bay Road I have a number of questions and concerns. Firstly I assume that any future Town control of the public use of this roadway will be controlled by posting the appropriate legal signage. Such a posting will, of course, facilitate eventual enforcement procedures. Much effort has gone into defining the "curbline". Since curbs are not presently a part of this road's construction I assume that the "curbline" becomes the lateral boundary line of the pavement. Does this mean that the "curbline" is in fact the "edge of the pavement" wherever it may be at any given time? Now that road is deteriorating fast, the frost takes a good share of it, the curb line is moving it is not stationary, it is not fixed. If not then we need to know where the lateral boundary line of the pavement is located for purposes of this local law. By the way I have gone back through the vehicle and law and town law and the highway law and I cannot find the definition of a curb line. That is something that this town has invented. Ok This can be accomplished by mapping the same or laying out on the roadway the said lateral boundary. This should be done in time for the July 7th hearing. I have not noticed anything different up there and I doubt that this has been done. This draft local law fails to address other unusual uses of Dunham's Bay Road which have been on-going for a number of years and have been recorded with the Town Board on numerous occasions. I would like to digress here for a minute, the Town Board has the responsibility for traffic control, not the Highway Superintendent, it is the Town Board. In additional to vehicular parking, would it be possible to include language which might curtail the promiscuous use of the roadway for traffic which is standing, parking of boat handling equipment, parking for boat sales and service, miscellaneous exclusive occupancy of the right-of-way, private traffic control signs, etc. You the public has the right to equal use of this road, the public should not arrive on this road from where ever they come and encounter different conditions and circumstances with regard how they use the road in a safe an operable manner. Are the procedures for determination of violations and payment of penalties consistent with existing New York State Vehicle and Traffic Law. If excessive or more stringent, might not such penalties be construed to be in violation of the Constitutional protection against cruel and unusual punishment? Your earliest response would be greatly appreciated. I don't, I would not like to see parking restricted on this road we need that parking also for our guests. I don't know, I have a lot of other comments with regard to this local law but they are really without purpose if you are not going to proceed with this. Should I proceed with this comments or do you want to deliberate? Supervisor Champagne-I am not sure what you are asking for John, accept to say that we are here at a public hearing you have full rights to express your views whether the Board acts on it tonight, next week, a year from now I think is incidental to your cause, whatever reason you chose to proceed, so be your own judge. Mr. Salvadore-Should not this local law include a paragraph which is usually entitle legislative authority. And define for everyone the source of your legislative authority to enact this law. I think it is article 41 of the Vehicle and Traffic Law it is entitled Legislation of Traffic by Towns. Supervisor Champagne-I guess I would have to refer that to Counsel. Town Counsel-It is quite irrelevant as to whether that provision is included or not if that is the authority it is not necessary that the local law state that. Mr. Salvadore-And there are sections of the Town Law which give you the authority to regulate traffic. Town Counsel-Correct Mr. Salvadore-I think, my recommendation is that they be included in your local law. I mentioned earlier that it is the Town Board that controls the flow the traffic not the Highway Superintendent. Supervisor Champagne-I think we all understand that John. Mr. Salvadore-Ok Section 1660A18 of the Vehicle and Traffic Law allows a Town to prohibit, restrict or limit the stopping, standing or parking of vehicles. The stopping, standing or parking of vehicles, it seems to me we are concerned and confined here tonight to parking. It does not include stopping for whatever reason nor standing. You know a vehicle can stand for six hours and be standing and not parked, that has been determined by the courts. Supervisor Champagne-I did not know that John, thank you. Mr. Salvadore-Even if this law is effectively enforced will we still be allowed to locate a dumpster on a Town Road? A waste, solid waste handling facility on a Town Road? Is that included in parking of vehicles? Boat delivers, off loading and loading, no one respects the one way signage absolutely no one. I saw a sheriffs deputy just wheel right in there seven o'clock one morning he is cursing down in there and out the other exit where we are not supposed to go, absolutely no respect for the signs that are there. I think this goes back to the twenty seven years bad habits we have had. How will emergency vehicles access this area? You should have seen this area over the weekend, take a trip up it was chop a block I would not know how an emergency vehicle would get in. You can I think in the law you can restrict the parking for certain uses, for certain individuals. You can do that. That takes signage, you would probably have to have a public hearing to allow it to happen because it is the publics interest you are playing with. If you are going to restrict the parking or allow certain people to use the parking then you are in effect restricting others. Parking is a very small part of this problem it is traffic. Thank you. Supervisor Champagne-Thank you. Anyone else? Karen. Mrs. Karen Howard-Karen Howard Dunham's Bay Boat Company I would just like to say for the record those petitions that we handed you have approximately five hundred signatures on them and not one single person that I spoke to or anybody else I know spoke to thought that this was a good idea. Nobody could understand why the road was being questioned, most people did not realize that it even was a Town Road because they always thought it was a driveway because that is the way it has always been utilized. Supervisor Champagne-Ok Anyone else? Anyone from the Board? Councilman Goedert-I will make a comment, I do not know if! should go there but, I will go there. As Highway Committee Chairperson I have received numerous complaints in reference to the Dunham's Bay Road. For a long time until recently I did not even know where this road was, the Highway Supervisor and myself went out riding one day and he took me up there because there was a lot of conversation in reference to this road. With the consistent complaint in reference to the condition of this road and the battle of ownership over this road for a number of years, I ...brought forth to the Town Board lets go with a no parking on the Dunham's Bay Road, so that is where the idea came from was myself trying to clear up an issue where I was only speaking to one person. And in reference to the boat company I saw you know what was going on there and that there is boats there and there is people access there and I cannot actually sit here and say that I think this should be a town road but that is really not my decision since a Judge in a case made that decision for us. So, it is our problem to take care of the situation that we have there and in dealing with the complainant who is the person that we hear from is how the situation came about and for us to do anything with the parking complaint we have to have it signed and not to have any enforcement of it. Now, there is a group of people obviously that do not believe that there needs to be any parking regulations there at all and you very well might be right. I will honestly say that you know after learning what I have learned tonight after reading the Supreme Court Decision on it being a road to begin with and that I would probably, in fact I will vote against the no parking on that road and I am the one that brought it forth. But to do something we have to find a lot of .. and get a lot of people involved to get those answers. So, now we have to turn it over to the Highway Superintendent because we have to maintain the road because its a Town Road. Which means we have to have it surveyed because I constantly hear that the road goes from pave..where ever the pavement is and that whole area is paved, except for a little area off where somebody painted some parking stripes. And so, these are steps that need to be taken. And that is how all of this came to light and how you people ended up here on a Monday night. Mr. Schriner-Is this still open to the public? Supervisor Champagne-Sure. Mr. Schriner-My name is John Schriner Connie I have a question to you, you say we will have to get a survey. We have had that road surveyed many times what were they just a waste of towns money? Councilman Goedert-Well you know all I have is what I have in front of me and this does not tell me where the road is. Mr. Schriner-It does not tell anybody else where it is either. Councilman Goedert-Well, we have to, somehow John we have got to come to a conclusion because I have been here for three years and for three summers we have fought over this road. Mr. Schriner-I understand that but why did the Town taxpayers money, pay to have it surveyed and when it was all over with there was never a measurement but yet the Town paid to have it done, this is ridiculous. It is a waste of money. Councilman Goedert-The only thing I can say is we are not responsible for what has been done before us and if those answers are somewhere else then we will get them done and get them taken care of. Mr. Schriner-I know, but why would anybody, not, I am not picking on any individual but in my own mind why would this Town ever pay a man to survey and never come up with a measurement? Supervisor Champagne-I have got to protect the man that did the survey, Mr. Schriner-Pardon Supervisor Champagne-I say I do need to protect the man that did the survey Mr. Steves, Mr. Leon Steves, Leon has done the work up there he has that information, it is on record, that road help me with the Counsel, my understanding when we met up there a week or a week and a half ago that, that road owned by the Town a road by use is from edge to edge, wherever that pavement ends is the grass whatever that area is, that's the Town owned property. That is exactly what he said, am I correct in saying that? Mr. Schriner-With no measurements. Supervisor Champagne-Wait a minute. There is no measurement on a road by use no where in the town help we with that Paul. Highway Supt. Paul Naylor-You are doing good you do not need me. Supervisor Champagne-I mean a road by use is... Mr. Schriner-What you are saying to me then is, this is a Town road but we have no measurements. Is that what you are saying? Supervisor Champagne-You are exactly correct. Mr. Schriner-In otherwords if you pass this through I decide to park there on my own, the Sheriff comes along and tickets me what are we going to do go to court then and find out whether I am in or out of the road? Is that true? Supervisor Champagne-I will tell you John, if you, again I am only going by what I was told a week and a half ago, I am looking for an edge of blacktop if you are on that blacktop on that Dunham's Bay Road, old Dunham's Bay Road you are on town property. Bingo. Mr. Schriner-Could I park any place where there isn't any blacktop? Supervisor Champagne-I would think Mr. Schriner-Even if it out in the middle, I can park there is there is no blacktop true? Supervisor Champagne-Out in the middle, we are planning to blacktop that road John. Mr. Schriner-Oh, you are planning on doing it, but right now if you passed this through before you blacktop it, you better come up with some measurements. Supervisor Champagne-The Gentlemen over there. Mr. George Gohn-Ijust I want to speak just for a minute as a taxpayer and forgetting the fact that I do business at Dunham's Bay and I do not understand if the road has been used all these years, thirty nine years since I have been here the service, Dunham's Bay Boat Company and the Marina at Salvadore and I believe there is one other Gentleman that has a piece of property Mr. Schriner-right that is mine. Mr. Gohn-Oh that is yours, ok, so here as a taxpayer I am listening to the fact that you are talking about blacktopping the road possible, possibly putting parking signs up, stripping it doing what ever so why can't you just deed it over and get rid of it and let them take care of it? Councilman Goedert-Because we have laws. Mr Gohn-No, no, no, no but what prevents you as a Board from saying lets dispose of this property it is your property in essence it belongs to the taxpayers, right. Councilman Pulver-That is right it belongs to the taxpayers. Mr. Gohn-So, if you need a referendum or whatever ok, it just seems to me why go the expense of the Town taking the time you are taking here probably this issue is never going to go away as long as you own it, we will probably sit here twenty years from now and there will be a different group. But just get rid of it, I mean, it is kind of like the albatross that existed after the road was originally constructed. That is the way I see it and you guys wound up with it I do not even know if there was a boat company there does anybody in the room know if there was a boat company there when the road was reconstructed? Unknown-That boat company was there way back in the twenties. Councilman Goedert-This had been a road since 1930. Mr. Gohn-But we kind of all agree and again I do not want to monopolize this but we kind of all agree the road is what it is and has been that way since for four years. So, Councilman Monahan-The property owners involved can correct me if I am wrong but I believe that when Paul Dusek was an Attorney there was many meetings between the property owners and Paul Dusek representing the Town trying to find a mechanism to divide this road area up between the property owners and the property owners themselves could not agree on how it was going to be divided. So, we were left with the road. Mr. Gohn-It seems to me now though and I would not doubt believe that, that is correct it would seem to me that the issue now is more pertinent then ever for the property owners to figure it out and come back and say this is what we agreed to do. Then maybe you could consider that. Thank you. Supervisor Champagne-Gil? Mr. Gilbert Boehm-Gilbert Boehm again, I have additional question and food for thought and that is I get the impression you are thinking about paving if you are going to pave does that mean you are going to pave everything down there or are you going to strip it? If you are going to strip it that defines the road. But if you say it is a Town by use of everything it seems to me like you are going to pave everything in sight, including Rogers ramp. Is that really what you want to do. Supervisor Champagne-All I am saying here tonight is what I was told by the surveyor, again, what is blacktopped is owned by the Town, now if that goes right up to Rogers front yard there or to his first step I have to presume, from seeing my guy shake his head back there, that that is town owned property I would have to go to the Judge or maybe to Court to determine that for sure but I believe that's to be true. Mr. Boehm-That wasn't all Town road, some of it was obviously Rogers to begin with so you cannot declare it all to be Town road now. Supervisor Champagne-Ok That is your opinion. Mr. Boehm-What you are saying is all he owns is water front. That is not right either. Supervisor Champagne-I hear you. Anyone else, John? Mr. John Salvadore-Mrs. Monahan, there was never a discussion as to how land was going to be divided up, discussion took place on the use of the land its clear who owns the land. In reality the State of New York I should say the County of Warren owns most of the land we are talking about. We own less than probably five percent of it. I am not sure what Mr. Howard owns. But, I have got to say from the maps I have seen and its mapped it is no secret ninety percent of that roadway we talked about is in the New York maintenance jurisdiction, that is clear. Mr. Gohn mentioned something about deeding it back There is no way you are going to deed anything what you can do you can abandon, what you are doing in this abandonment is you are abandoning the publics interest in that road. We are talking about Fuller Road all over again. You cannot do that, you cannot abandon the publics interest in that road. The public can but you can't. There is a way the public can. Supervisor Champagne-Ok Anyone else? Mr. Lewis Stone-Lewis Stone, Assembly Point Queensbury. It seems to me as a member of the Zoning Board of Appeals when we listen to arguments we weigh the applicants good vs the publics detriment and everything I heard tonight says its really working in spite of the fact there are people complaining occasionally the road works, maybe better signage would be there to insure that people do not go the wrong way on it as John says the Sheriffs Deputy or who ever said that, but the thing is working. Roger Howard has a viable going business which benefits the Town of Queensbury, John Salvadore has a going business which benefits the Town of Queensbury, Mr. Schriner has his dock which benefits his family it seems to be working why don't you just say we are going to say no to this local law and get on with it. Supervisor Champagne-Thank you. Anyone else? I guess I would just like to for the public express my concerns here obviously and certainly taking advice of our committee chair for the Highway Dept. and certainly the Highway Dept. itself obviously this has been a conflict from day one. One of my first involvements in Northern Queensbury that I experienced when I first took office and it has been a three years going into its fourth year at this point that I have dealt with this. I have to be very honest with you and say if in any way any possible case can be brought to bear that would resolve this kind of a problem I think it is incumbent upon the board. I do not think we can turn our backs and just say it is working because in all honesty when you do drive by up there are some things that in the public good mayor may not be working. I am not here to play judge at this point I need to take this input which I greatly appreciate and try to analyze all of your concerns as well as what is going on up there day to day. It is my understanding that there has been a move here to repave that road Councilman Goedert -Repair Supervisor Champagne-well repair, repave I think we are going to put a new coat of blacktop on the surface was that the intent? Highway Supt. Naylor-That is the intent. Supervisor Champagne-That is the intent we do have a liability the Town does have a liability for that road and for whatever reason obviously as it continues to deteriorate and we have probably not kept it up to the level that some people might expect and perhaps some other people would rather see it just completely deteriorate and go back to its gravel. But I have to tell you that in order for Fred Champagne to come to any kind of conclusion this is the kind of information that I have to have and I think the determination that will be made at least in my mind will be based on the input that I have received here tonight. Its a typical case scenario that I think Town Boards do have an obligation and should there be strip lines up there painted on a Town Road for parking I am not sure of that. Should there be a waste container parked out on Town property or County property I have to concern myself with that and certainly as that road breaks up we are getting cases where tires are blown as a result of holes in roads we do have a responsibility. I think that is my purpose and I can see that there is a resolve to the problem and that is what I am going to work for and we will do that. ...it is going to have to be quick Mr. John Schriner-My name is John Schriner I just want to remind this board that quite some time ago I asked and I could not tell you what date whatever meeting, that if and when you do the work on this road that you take that culvert out that is feeding into my boat slip. Right now the water comes down the side of the road and feeds into my slip, I got all the dirt I pay to get it dug out and in the last storm you cannot believe how much dirt and soot and everything is going in there I am going to have to pay now to get it dug out again and then I have to go through the whole rigamarole getting a permit over in Warrensburg they come and inspect it because you are not allowed to dig any fill out of Lake George. So, I would appreciate if you would follow up on what I requested before and look into this what we can do with that water going into by slip. That is all. Thank you. Supervisor Champagne-Thanks John. I guess I saw one last hand. Mr. John Salvadore-Not to worry John, this road is either number two or number three on the priority for North Queensbury Storm water management. Supervisor Champagne-Thank you for reminding me of that. Mr. Salvadore-to be part of that, right Fred. Supervisor Champagne-Right. Mr. Salvadore-Also about paving the whole thing, Mr. Naylor is obligated under State Highway Law to furnish a list of all the roads in the Town by the 1st of January each year. There is a codification of all of the pertinent data that applies to this all the roads. This road is listed on that inventory as a seventeen foot wide road, its length is something like fourteen hundred feet. Neither of those two numbers are accurate the road is in the order of eight hundred, seven hundred, eight hundred feet something like that, it is a good deal wider if you count the paved surface, seventeen feet. So somehow we have got to get all of this corrected. That inventory is certified by someone and is the basis for you folks getting your Chips re- imbursement from the State. So, faulty data leads to faulty certification leads maybe non-receipt of funds. Supervisor Champagne-John it is working fine. I do not know how we are doing it John, but it is working just fine. Ok I guess. Councilman Pulver-I have a question, what are we going to do about bring this resolution to a conclusion, are we going to get more information, what steps are we going to take? Supervisor Champagne-It is up to the Board, my opinion would be that we take it back to a workshop session, deal with it at a workshop session and notify the people of the decision. Councilman Pulver-That is what I want to know, if it is going, if it has to be done what are we, expect to gain, at a workshop session what information do we need? Supervisor Champagne-Well it is up to the Board whatever your pleasure. What do you want to do with it, do you want to act on it now, is that what I hear you say? Councilman Monahan-I do not want to act on it now. Supervisor Champagne-Ted Councilman Turner-Take it back to workshop. Councilman Monahan- I think there are a lot of maps and stuff out there that we need. Councilman Goedert-Well I think the resolution is for the no parking it is not for the rest of the road. Councilman Monahan-But we do not really know what the definition of that road is to find the area of it. I said I do not think we really know how to define the area of that road and I do not like passing a resolution when we cannot define an area. I know there are some maps around and to what kind of degree of accuracy or how much detail I do not know. But, I know at one time we spent a great deal of money preparing that and getting the research done on this road. I would like that research in front of me. Supervisor Champagne-I guess I got a consensus Betty saying you want to hold it, Ted you want to hold it, Connie I guess I have not heard from you. Councilman Goedert-I guess it makes no difference at this point, Supervisor Champagne-I am not prepared to act on it tonight. We will close the Public Hearing, Counsel is that want we need to do, close the public hearing? Town Counsel Schachner-That would be appropriate. Councilman Monahan-I would say that there are four areas in this Town that information may be, in the Attorneys Office in the records, in the Supervisor's Office, maybe in the Planning Office and probably Paul in the Highway Office. We need to gather all that information that we have had in the past. Supervisor Champagne-I just think we can write something that will benefit all parties, I really do and thats what we should look at. Unknown-You are going to put a different law up without a public hearing? Councilman Goedert-No Supervisor Champagne-We are going to take what we have here based on this input, thats, I guess thats what public hearings are all about to take the information from the public modify it, if we do not modify it . . III any major way Councilman Turner-If you change this resolution dramatically you will have to have another public hearing. Supervisor Champagne-Ok The difference would be to what extent we are going to modify what is in the law right now. Ok Mr. Cushing-..most of the time it is done in secrecy Councilman Goedert-It is never done in secrecy ... Supervisor Champange- The paper is there. Mr. Cushing-I understand what you are saying but having it in that little room over there... Supervisor Champagne-Sometimes we have it right here. Mr. Cushing-Fit about ten people over there Supervisor Champagne-Well we can have it here. Mr. Cushing-I do not know why you cannot ...make a decision on the parking, you are going allover hells half acre with this thing and this is not responsible government as far as I am concerned. Supervisor Champagne-Well that is your choice, that is your decision, John. Ok It sounds to me that we will be working on it in workshop. Councilman Pulver-My question is for the people that are parking there and need that road until the board comes to some sort of conclusion so we assume that it is just business as usual. Supervisor Champagne-Absolutely Councilman Pulver-Until the Board makes some sort of decision so they can continue to do whatever it is they have been doing. Supervisor Champagne-Sure. Until what ever changes are made continue to do what you are doing. Ok Thank you very much. Public Hearing Closed 8:06 P.M. PUBLIC HEARING APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE A MOBILE HOME COURT FOR TRUMAN AND JULIANNE GLEASON ON BIG BAY ROAD, LOT #136-2-5 NOTICE SHOWN Supervisor Champagne-Is someone here to represent the Gleasons? Yes, Sir would you come to the mic please? Mr. Truman Gleason-Yes, I am Truman Gleason Supervisor Champagne-Ok I will try to find your copy here. You are planning to locate a mobile home on Big Bay, is that correct? Mr. Gleason-Yes. Supervisor Champagne-And this is a not an overlay mobile unit or mobile home park per sa? Councilman Monahan-It is going to take a variance isn't it John? Executive Director Goralski -Yes, they are also going to require a use variance. Supervisor Champagne-Is there anyone here speaking, care to speak against this? Why don't we let this gentleman here have the mic here please. Mr. Ronald Stewart -Ronald Stewart I live at 481 Big Bay Road and I am against the trailer because there is one already there across, next door to where he is going to put one, one has already been there and he took it out, they took it out two years ago and I feel that it should not be there again. Supervisor Champagne-Ok Mr. Stewart -Because with the trailer that is coming from they have a lot of junk cars over there where it is coming from right now. I have lived up there for thirty some years. Supervisor Champagne-The junk cars there owned by Mr. Stewart-..Not that lot there but where the trailer is coming from I go by where the trailer is at now there has been this person has like a garbage place over there, he is a garbage hauler. I feel that and I have been there for thirty seven years and I feel that they should not be there. Supervisor Champagne-Ok Anyone else care to speak against it? Do we have anyone against it other than this gentleman? Ok Sure. Mr. Dennis Mabb-I am Dennis Mabb, I am the one that wants to put the mobile home on and the thing about cars I only own one car and that is all I got, I used to have a trash business and had my trucks there, I sold that a year ago and now I am working for Stones Septic down in Saratoga. That is all I have is one vehicle in the yard and all the while I had my business on Massachusetts Avenue I really never had any complaints about my vehicles and now I do not have any and all it is, is my trailer and probably two vehicles going in the yard. Supervisor Champagne-Ok Councilman Goedert-John you stated that they had to go for a variance. Executive Director Goralski-Yes they need to get a use variance. They are on the Zoning Board's agenda I believe it is either the 16th or the 23rd. I am not sure which. Mr. Mabb-I got a paper for the 23rd. Executive Director Goralski-the 23rd. Councilman Goedert-Can I ask why we give a permit or not give a permit prior to the use variance? Executive Director Goralski-Because that is the way the Board directed me to act. Councilman Monahan-Because if they give a variance before we give the permit it almost ties our hands so we have to give the permit. Executive Director Goralski-There as two laws that both address this issue and therefore they need a permit from both the Town Board and from the Zoning Board of Appeals, neither law states which one is supposed to go first so in the past the Town Board has directed the Planning Dept. to have them seek the permit from the Town Board first. Councilman Goedert-Is this a new trailer that is going on here? Executive Director Goralski-No. Councilman Turner-No. 1990 Councilman Goedert -1990 Councilman Turner-The make of it Champion, 14' wide 70' long. Councilman Goedert-Where it is going there used to be a trailer there. Executive Director Goralski-Two years ago there was a trailer there. Councilman Monahan-It has been off for two years? Executive Director Goralski-It has been off for more than two years. Councilman Monahan-Is that the only mobile home on Councilman Turner-No, there are trailers allover the place. Councilman Goedert-Is the property owner the owner of this, the person that is going to be residing in the trailer? Executive Director Goralski-No. Mr. Gleason is the property owner Mr. Mabb will be residing in the mobile home. Supervisor Champagne-Who owns the trailer? Do you own the trailer? (Mr. Mabb indicated that he owned the trailer) Supervisor Champagne-Anyone else care to speak on behalf of or against, the Board. Councilman Monahan-I have a suggestion for John, since this would be a revokable permit then I would suggest, staff suggest to the Zoning Board that they condition the variance if they give it on whether or not there is a permit for a mobile home so we do not again have these permanent mobile home lots springing up allover town that are outside the plan. We can revoke this permit if things are not kept up around it, that is our privilege it is a one year permit. Executive Director Goralski-All right we can make that recommendation. Councilman Turner-Just a recommendation that is all you cannot invoke anything into the Zoning Board. Councilman Monahan-That is what I said..I said a recommendation. Councilman Turner-I know that for a fact. Councilman Monahan-Absolutely, a recommendation because we do have a right we do have a right to revoke this permit any time the grounds are around that mobile home or the mobile home itself is not kept up, that is what a revokable permit is, it is license to be there. Councilman Goedert -Have you ever revoked one just out of curiosity? Councilman Monahan-I do not think it has ever, the occasion has occurred but the power is there and that is why it was written that way if you read the ordinance in the blue book, it is for that very reason. Mr. Gleason-Is it possible before the 23rd meeting that the Gentleman can park the trailer there if he does not live in it, because he is paying he has got to store the trailer and then I did not realize we had to go through all of these permits, I figure it would be a couple of permits and we could get the trailer on there. I did not think it would be this long, and now. Councilman Monahan-I would defer that to the Zoning Administrator. Councilman Pulver-If it is parked and not hooked up Executive Director Goralski-I do not think that this is the right forum to discussed this issue we have talked about this before.. Mr. Gleason-Maybe it is because we have got somebody who does not want it, so he... Councilman Monahan-The Town Board does not have the power to make that decision that is the Zoning Administrator decision it is not our decision. Executive Director Goralski-Come in tomorrow morning and we can talk about it. Mr. Gleason-Thank you. Supervisor Champagne-What is your pleasure. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR TRUMAN AND JULIANNE GLEASON ON BIG BAY ROAD, LOT 136-2-5 RESOLUTION NO.: 261. 1997 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home parks pursuant to ~ 113 -12 of the Code of the Town of Queensbury, and WHEREAS, Truman and Julianne Gleason have filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with said ~113-12 of the Code of the Town of Queensbury, to locate a mobile home at property situated on Big Bay Road, Lot 136-2-5, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing on July 7, 1997 with regard to the aforesaid permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance ofa revocable permit in accordance with the terms and provisions of ~113-12 of the Code of the Town of Queensbury. Duly adopted this 7th day of July, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Councilman Goedert-I have some questions I understand that there was a previous trailer or mobile home at the location that the pad is already, the cement pad is already down there and the whole bit, is there mobile homes in the surrounding area? Executive Director Goralski -Yes, there are several mobile homes in that area. Councilman Goedert - I do not know other than the fact that the one gentleman, I am sorry I did not catch your name, Mr. Gleason that this is a financial situation for you as it is a residence for Mr. Mabb. (tape not audible) Councilman Goedert-Everything is all in? Executive Director Goralski-Just to clarify one thing the septic system is going to have to be upgraded. Councilman Goedert-John, then maybe you can advise me here as in reference to if they need a use variance and they need to, and there is no mobile home there at this time I realize there is surrounding mobile homes why do we have the mobile home parks and the overlays and we get a lot of requests for mobile homes outside of mobile home parks is this something maybe we just ought to do away with and let each one stand on their own? I do not want to deny these people a place to live but I also can understand where those folks are coming from in reference to mobile homes. Executive Director Goralski-You mean do away with the Town Board license procedure? Councilman Goedert -Doesn't wouldn't the Zoning Board require more out of them then us just sitting here tonight and saying yes we will give you.. Executive Director Goralski-The Zoning Board has the criteria thats outlined in State Law for use variance, it is fairly strict criteria, it talks about financial hardship, criteria that this Board does not deal with, the criteria that you are looking at is outlined in section chapter 113 it is different from what the Zoning Board is going to look at. Councilman Goedert -So the Zoning Board technically is where they go next is going to look at this in much more detail than we are. Executive Director Goralski-They are going to look at it with a specific criteria in mind absolutely. Councilman Goedert -Ok Councilman Monahan-And the Zoning Board also has a right to require how do I want to say, certain things would help it to fit in with the neighbors, I mean planting and etc. and so on, am I correct as part of that site plan. Executive Director Goralski-You can condition that also. Councilman Goedert - I believe that in reference to another mobile home we made a lot of requirements as to what they had to do now where is that followed up to make sure that these things have all been complied with. Executive Director Goralski-The enforcement staff follows up on that. Councilman Monahan-John, has anybody in your office seen this mobile home? Executive Director Goralski-I do not believe that we have inspected the actual home yet have we? Director of Building and Codes Dave Hatin-Well the home was issued a CO back in 1990 or 1993 what ever year it was and it will be re-inspected when it is moved to this site ... Executive Director Goralski-They will have to get a permit to move it to the site, a building permit. Councilman Monahan-And we require that it be skirted and tied down all that, that is automatic. Yes. Director Hatin-It has to be by State Code. Supervisor Champagne-Ok Any other discussion? Councilman Turner-The septic is going to have to be updated you said? Executive Director Goralski -That is correct. Councilman Turner-Who is going to do that, Mr. Gleason or Mr. Mabb? Councilman Monahan-John do we need to make this resolution condition on that or do just don't permit them to move it until it is done or what? Executive Director Goralski-They will not be able to occupy with out it if you want to make that a condition of your approval you can certainly do that. Councilman Monahan-Well is it necessary that is what I want to know. Executive Director Goralski-We will not issue a CO until that is done... Supervisor Champagne-You have heard the resolution, any other discussion...ready to vote.... DISCUSSION HELD REGRADING PROPERTY ON CROSS OVER LANE Director Hatin-Spoke to the Board regarding the Granger property on Cross Over Lane, noted that the site has not been cleaned up as directed by the Town Board... Daughter of Mrs. Granger spoke to the Board regarding the process of cleaning up the property, noted mother is in her nineties...noted that the building is boarded up and it is posted and no one should be there....6 or 7 more dump truck loads to be removed... Town Board consensus to have the property cleaned up by September 8th. CORRESPONDENCE lTR. To Mr. Paul Naylor, I phoned your office on Friday at Ten AM. and asked if our potholes near the culvert on Knox Road could be filled. When we got back home about 2 P.M. the job was all done. That is some kind of a speed record. We really appreciate it. Sincerely, Bob Homes RESOLUTIONS RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO.: 262.1997 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: ASSESSMENT: FROM: TO: $ AMOUNT: 01-1355-4090 (Conference Expense) 01-1355-1070 (Clerk, Part -time) $1,225.37 WASTEWATER: FROM: TO: $ AMOUNT: 034-8130-4300 (Misc. Contractual) 034-8120-4400 (Misc. Contractual) $ 800. and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 7th day of July, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ACCEPT BIDS FOR #2 FUEL OIL FOR HEATING PURPOSES, DIESEL OIL TO BE USED AS FUEL FOR OPERATION OF HIGHWAY EQUIPMENT AND KEROSENE FOR THE TOWN LANDFILL RESOLUTION NO. 263. 1997 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for #2 fuel oil for heating purposes, diesel oil to be used as fuel for operation of highway equipment and kerosene for the Landfill, pursuant to Town of Queensbury specifications, and WHEREAS, GLENS FALLS REFRIGERATION AND HEATING WORKS, INe., has submitted the lowest bid for the fuel oil, and WHEREAS, BIGELOW'S OIL SERVICE, INC., has submitted the lowest bids for the diesel oil and kerosene, and WHEREAS, copies of the bids have been presented to this meeting, and WHEREAS, Darleen Dougher, Town Clerk and Chuck Rice, Town Facilities Manager, have recommended that the bids be awarded to the aforesaid bidders, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the #2 fuel oil to GLENS F ALLS REFRIGERATION & HEATING WORKS, INC., and the bids for the diesel oil and kerosene to BIGELOW'S OIL SERVICE, INC., and said #2 fuel oil, diesel oil and kerosene shall be paid for from the appropriate department accounts from the 1997 budgets. Duly adopted this 7th day of July, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION RETAINING SERVICES OF VAN DUSEN & STEVES TO PREPARE TOWN MINING PERMIT APPLICATIONS AND MAPS RESOLUTION NO.: 264. 1997 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has advised the Town of Queensbury that the Town's three (3) mining permits will soon expire, and WHEREAS, the Town Board of the Town of Queensbury therefore desires to retain a surveying firm to survey the Town's three (3) mining pits and thereafter prepare the respective NYSDEC mining permit applications, and WHEREAS, VanDusen & Steves has offered to survey the Town's mining pits and prepare the respective NYSDEC mining permit applications for an amount not to exceed $12,200, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of VanDusen & Steves to provide the surveying and permit application services referenced above for an amount not to exceed $12,200, to be paid for from the Engineering Services Account, #01-1440-4400. Duly adopted this 7th day of July, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None RESOLUTION TO INCREASE APPROPRIATIONS AND ESTIMATED REVENUES REGARDING GREAT ESCAPE FUN PARK FUND-RAISER DONATION TO TOWN OF QUEENSBURY FOR RECREATION PURPOSES RESOLUTION NO.: 265.1997 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Great Escape Fun Park held a fund-raiser over Memorial Day Weekend, and WHEREAS, the Great Escape Fun Park has donated $1,000 of the money raised during the fund raiser to the Town of Queensbury for recreation purposes, and WHEREAS, the Director of Parks and Recreation has determined that the funds can best be used to purchase and!or upgrade playground apparatus, and WHEREAS, the Town Board of the Town of Queensbury wishes to increase appropriations and estimated revenues as a result of the Great Escape Fun Park Fund-Raiser donation to the Town of Queensbury for recreation purposes, NOW, THEREFORE, BE IT RESOLVED, that the Town hereby accepts the donated money from the Great Escape to be used for recreation purposes, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a $1,000. increase in appropriations and estimated revenues in the General Fund to reflect this unexpected revenue, and BE IT FURTHER RESOLVED, that authorization is hereby given to increase by $1,000. the detail expenditure account "Park Equipment" (001-7110-2070) and the detail revenue account "Gifts and Donations" (001- 0001-2705), and BE IT FURTHER RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 7th day of July, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held: Councilman Monahan-noted that this was strictly a donation. RESOLUTION APPOINTING SUSAN CIPPERL Y AS SENIOR PLANNER RESOLUTION NO.: 266.1997 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury previously established the position of Senior Planner and the position has been vacant for several years, and WHEREAS, John Goralski, Executive Director of Community Development, has advised the Town Board that he desires to fill the Senior Planner position by promoting the current Planning Assistant, Susan Cipperly to the Senior Planner position and the Town Board concurs with this recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Susan Cipperly to the position of Senior Planner on a provisional basis until such time as Ms. Cipperly passes the Civil Service exam for the Senior Planner position, and also subject to a six month probation period, and BE IT FURTHER, RESOLVED, that Ms. Cipperly shall begin work as Senior Planner effective Tuesday, July 8, 1997 at a salary of $34,000 per annum to be paid on a prorated weekly basis, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete any necessary forms to effectuate this resolution. Duly adopted this 7th day of July, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION SCHEDULING PUBLIC SCOPING SESSION FOR GENERIC ENVIRONMENTAL IMP ACT STATEMENT FOR INDUSTRIAL ZONE ADMINISTRATIVE APPROVAL LOCAL LAW RESOLUTION NO.: 267. 1997 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board has issued a "Positive Declaration" pursuant to the New York State Environmental Quality Review Act (SEQRA) regarding a proposed Local Law to authorize administrative approval of certain development projects on industrially zoned property within the Town, and WHEREAS, as a result of such SEQRA Positive Declaration, the Town Board has authorized preparation of a Generic Environmental Impact Statement (GElS) on such Local Law, and WHEREAS, the SEQRA regulations allow for but do not mandate a "scoping process", whereby the scope of the GElS and the manner in which it will deal with certain issues can be discussed with the public and public input taken on the scope of the GElS, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby schedules a public scoping session to discuss the scope of the GElS referenced above, and BE IT FURTHER, RESOLVED, that such public scoping meeting shall be held on Wednesday, July 30, 1997, at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York, and BE IT FURTHER, RESOLVED, that notice of such public scoping meeting shall be published in the Post Star at least seven (7) days in advance of the meeting, and BE IT FURTHER, RESOLVED, that notice of this public scoping session shall be filed in accordance with and as required by the SEQRA regulations. Duly adopted this 7th day of July, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF JIM GIRARD LANDSCAPING FOR MOWING OF RIDGE ROAD LANDFILL CLOSURE PROPERTY RESOLUTION NO.: 268. 1997 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury has previously adopted purchasing procedures, and WHEREAS, it is necessary to retain services for the mowing of the closure property at the Ridge Road Landfill, and WHEREAS, James Coughlin, Solid Waste Facilities Operator, has received three proposals for the mowing services and recommended retention of Jim Girard Landscaping, and WHEREAS, Jim Girard Landscaping has provided a Certificate of Liability Insurance naming the Town as certificate holder and additional insured, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves of the retention of the services of Jim Girard Landscaping to mow the closure property located at the Ridge Road Landfill for the total amount of $1,395, said proposal to be paid for from the appropriate landfill account. Duly adopted this 7th day of July, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None Discussion held: Councilman Goedert-Questioned if Mrs. Fagel recommended this? Councilman Monahan-She has recommended that this be done by an outside firm with the proper insurance in case anything happens to the landfill closure during the mowing. RESOLUTION EXTENDING BANKING SERVICES AGREEMENT WITH EVERGREEN BANK RESOLUTION NO.: 269. 1997 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury engages a bank to perform various banking services, and WHEREAS, the Town solicited quotations for banking services in 1994, and WHEREAS, Evergreen Bank's (formerly First National Bank of Glens Falls) quotation was accepted by the Town Board on the 20th day of June, 1994, by resolution no. 301, 94, and WHEREAS, the term of the agreement was for one year, beginning July 1, 1994, with a one-year extension at the Town's option, and WHEREAS, by resolution no. 337,95, the Town extended the banking services agreement with Evergreen Bank for one year through June 30, 1996, and WHEREAS, by resolution no. 251, 96, the Town extended the banking services agreement with Evergreen Bank for another year through June 30, 1997, and WHEREAS, the Town of Queensbury wishes to extend the banking services agreement with Evergreen Bank until March 30, 1998 and Evergreen Bank has agreed to this extension of banking services, and WHEREAS, the Town bank accounts are currently at Evergreen Bank, and the Town has received good service, as well as excellent investment rates, and WHEREAS, the Town's bank accounts will remain at Evergreen Bank with the same rates as agreed to in the original agreement, and WHEREAS, the Town is able to invest idle funds at the best certificate of deposit rates available, and WHEREAS, the Town may keep nominal deposits at other banks for purposes such as obtaining bond anticipation notes and bond quotes, maintaining account relationships, and similar purposes, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the continuation of the agreement with Evergreen Bank until March 30, 1998 for the provision of banking services as outlined in the original agreement and the Town Supervisor is hereby authorized and directed to execute any further agreements or extension agreements concerning such extension of banking services and where necessary, place the seal of the Town on the same. Duly adopted this 7th day of July, 1997 by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING EXECUTIVE DIRECTOR JOHN GORALSKI TO THE GLENS FALLS URBAN AREA TRANSPORTATION COUNCIL TECHNICAL ADVISORY COMMITTEE RESOLUTION NO.: 270.1997 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, by Resolution No. 409, 93, the Town Board of the Town of Queensbury appointed James Martin, then Executive Director of Community Development, as the Town of Queensbury delegate to the Glens Falls Urban Area Transportation Council Technical Advisory Committee, and WHEREAS, Mr. Martin recently resigned from the Town's Executive Director position and therefore, the Town Board of the Town of Queensbury wishes to appoint John Goralski, current Executive Director of Community Development, to the vacant delegate position on the Transportation Council, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints John Goralski as the Town of Queensbury delegate on the Glens Falls Urban Area Transportation Council Technical Advisory Committee. Duly adopted this 7th day of July, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT FOR MICROFILM PROJECT RESOLUTION NO.: 271. 1997 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Supervisor of the Town of Queensbury was notified that the Commissioner of Education of the New York State Education Department is offering a Local Government Records Management Improvement Fund Grant (LGRMIF) in the amount of $6,000. to the Town of Queensbury for a microfilm project, and WHEREAS, the Town Board of the Town of Queensbury is desirous of accepting the grant offer for a microfilm project, as outlined in the attached letter from Robert W. Arnold, III, Chief, Local Government Records Services, the State Education Department, dated June 20, 1997, and authorizing the Town Supervisor to complete and sign the Grant Acceptance Form, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the acceptance of the Records Management Improvement Fund Grant and hereby authorizes the Town Supervisor to complete and execute the Grant Acceptance Form and take such other and further action as may be required or necessary to arrange for receipt of the grant moneys and otherwise implement the program necessary to accomplish the purposes of the Grant. Duly adopted this 7th day of July, 1997, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING SALE OF OBSOLETE ITEMS AT AUCTION RESOLUTION NO.: 272. 1997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Facilities Manager has requested permission to sell miscellaneous obsolete items, and WHEREAS, pursuant to ~64(2-a) of the Town Law of the State of New York, the Town Facilities Manager may, with the approval of the Town Board, sell any such items which are no longer needed by the Town or are worn out or obsolete, and WHEREAS, the Town Facilities Manager has submitted a list of Town equipment and furniture to be sold by Seelye's Auction Center, and WHEREAS, the Town Facilities Manager has indicated to the Town Board that the miscellaneous items sought to be auctioned are either no longer needed for Town purposes, obsolete, or worn out, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the sale of the obsolete items by Seelye's Auction Center as set forth on the list that has been presented at this meeting, attached to this resolution and included with the minutes of this meeting, and BE IT FURTHER, RESOLVED, that all proceeds of the auction will be deposited in accordance with the Town Code and Laws of the State of New York Duly adopted this 7th day of July, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None Discussion held: Town Board requested that Mr. Rice get a price on the 1991 vehicle and notify the department heads of its availability... RESOLUTION AUTHORIZING RETENTION OF SERVICES OF AMTEK MANAGEMENT SERVICES CORP. (AMTEK) FOR EVALUATION OF TWO NEW POSITIONS RESOLUTION NO.: 273. 1997 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury has previously retained the services of Amtek Management Services Corp. (AMTEK) to provide various personnel consultant services, and WHEREAS, the Town Board of the Town of Queensbury desires to retain the services of AMTEK to evaluate two new positions for the purpose of developing job descriptions for each position, as well as recommending placement of each position in the Town of Queensbury's Wage and Salary structure, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the retention of the services of Amtek Management Services Corp. (AMTEK) to evaluate two new positions for the purpose of developing job descriptions for each position, as well as recommending placement of each position in the Town of Queensbury's Wage and Salary structure, for the sum of $600 ($300 per position), as outlined in the attached letter from Ronni M. Travers, Vice-President of Municipal Consulting for Amtek, dated June 25, 1997, and BE IT FURTHER, RESOLVED, that the costs of the services authorized herein shall be paid for from Account No. 01-1430-4400. Duly adopted this 7th day of July, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES: Mrs. Goedert ABSENT: None Discussion held: Councilman Goedert-What are the two positions? Sr. Planner and Planner/GIS Specialist Councilman Goedert-I am voting no on the fact I am in favor of the Senior Planner I am not in favor of the second position. RESOLUTION AUTHORIZING RETENTION OF SERVICES OF AMTEK MANAGEMENT SERVICES CORP. (AMTEK) FOR RESEARCH AND WRITTEN RESPONSE TO ETHICS QUESTION RESOLUTION NO.: 274.1997 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury has previously retained the services of Amtek Management Services Corp. (AMTEK) to provide various personnel consultant services, and WHEREAS, the Town Board of the Town of Queensbury desires to retain the services of AMTEK to research and render a written response to an ethics question posed by Councilwoman Betty Monahan, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the retention of the services of Amtek Management Services Corp. (AMTEK) to research and render a written response to an ethics question posed by Councilwoman Betty Monahan for the sum of $350 (3.5 hours @ $100/hour), and BE IT FURTHER, RESOLVED, that the costs of the services authorized herein shall be paid for from Account No. 01-1430-4400. Duly adopted this 7th day of July, 1997, by the following vote: AYES: Mr. Turner, Mrs. Monahan, Mr. Champagne NOES: Mrs. Goedert, Mrs. Pulver ABSENT: None Discussion held: Question was raised if a Town Employee, Union Member could be on the Ethics Board...Answer: They can Councilman Goedert-This has already been done, we are paying them after they have done the job... Supervisor Champagne-This was done at a point about two months ago...Councilman Goedert-We have an Attorney on retainer don't they research our legal questions? Councilman Monahan-This is labor specialty, this was in her line ofwork..Councilman Monahan-I am amazed on how long it took..Councilman Pulver-I do not remember us hiring them to actually research the question... Supervisor Champagne-Noted there was not a board resolution hiring them... RESOLUTION TO ENACT LOCAL LAW NUMBER 6, 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 182 ENTITLED, "CIVIL ENFORCEMENT" RESOLUTION NO. 275. 1997 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 enacting a Local Law to amend the Code of the Town of Queensbury by adding a new Chapter 182 entitled, "Civil Enforcement," which Chapter shall provide additional enforcement provisions to the existing Town Code, 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 June 16, 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 182 entitled, "Civil Enforcement," to be known as Local Law No.6, 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 July, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None Discussion: Councilman Turner-Did we get any feed back from Mr. Muller in reference to this? Town Counsel-Noted he called him and sent a memo to him asking if he had any problems with the law to contact me before tonights meeting and he has not... RESOLUTION AMENDING RES. 245, 97 REGARDING RETENTION OF NACE ENGINEERING TO REVISE CURRENT HIGHWAY GARAGE RE-ROOFING SPECIFICATIONS RESOLUTION NO.: 276.1997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury by Resolution no. 245, 97 authorized the retention of services of Nace Engineering to modify the bid specifications regarding roofing upgrades to the Highway Garage, and WHEREAS, the account name and number listed in said Resolution 245, 97 was incorrect, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No. 245,97, such that the account name and number shall read "Highway Garage Miscellaneous Contractual Account #01-5132-4400." Duly adopted this 7th day of July, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENTS OF BIDS FOR TOWN OF QUEENSBURY HIGHWAY GARAGE RE-ROOFING PROJECT RESOLUTION NO.: 277.1997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, by Resolution No. 245, 1997, the Town Board of the Town of Queensbury authorized the retention of the professional engineering services of Thomas Nace of Nace Engineering to modify bid specifications regarding roofing upgrades to the Highway Garage Building, and WHEREAS, Mr. Nace has submitted a set of revised, proposed bid specifications to Chuck Rice, Facilities Manager, and a copy of the bid package has been presented at this meeting, and WHEREAS, pursuant to ~ 103 of the General Municipal Law, it is necessary to advertise for bids and award the 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, and WHEREAS, the Town Board of the Town of Queensbury is ready to advertise for bids for the re- roofing project, 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 re-roofing of the existing Town Highway Department Garage be published in the official newspaper for the Town of Queensbury on July 11, 1997, and BE IT FURTHER, RESOLVED, that Darleen 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.rn., on July 31st, 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 July, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION DETERMINING PROPOSED ANNEXATION OF COLE'S WOODS BY THE CITY OF GLENS FALLS TO NOT BE IN THE OVERALL PUBLIC INTEREST RESOLUTION NO.: 278. 1997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury received a petition from the City of Glens Falls for annexation of the approximately 90.4 acre area of the Town known as Cole's Woods, and WHEREAS, the Town Board of the Town of Queensbury and the Common Council of the City of Glens Falls held a joint public hearing to receive comments on the proposed annexation on April 10, 1997, and WHEREAS, the Town Board of the Town of Queensbury has carefully reviewed the comments presented at the public hearing and other relevant documents and information and has evaluated the effects of the proposed annexation on (a) the territory of Cole's Woods, (b) the City, (c) the Town and (d) any school, fire or other district situated wholly or partly in Cole's Woods, and WHEREAS, based on its review of all of these factors, the Town Board has determined that: A. Adequate police protection is currently provided to Cole's Woods by the Warren County Sheriffs Department, and this protection would not be improved as a result of the proposed annexation; B. Adequate fire protection is currently provided to Cole's Woods by the Queensbury Central Fire Station, which has the only piece of equipment capable of responding to a fire emergency at the City's water tanks located in Cole's Woods, and this protection would not be improved as a result of the proposed annexation; C. Adequate emergency medical service is currently provided to Cole's Woods by the West Glens Falls Emergency Squad, and this service would not be improved as a result of the proposed annexation; D. No water and sewer services are currently provided to Cole's Woods and none are proposed as a result of the proposed annexation; E. The territory to be annexed would not benefit from the proposed annexation; F. Principal access to Cole's Woods is through Town streets rather than City streets; G. The environmental quality of Cole's Woods and the Halfway Brook corridor is currently well protected by the Town's zoning restrictions while the environmental safeguards currently relied upon by the City are inappropriate for this area and those that might be enacted are unknown and uncertain; H. The proposed annexation would create a jagged and highly irregular projection in the boundary between the City and the Town; I. The Town and its affiliated taxing districts would lose substantial tax revenues as a result of the proposed annexation; 1. The City has no genuine need to include the area of Cole's Woods within its boundary and would benefit from the proposed annexation solely by reduction of its tax payments, for which the Town in a spirit of cooperation, has already offered relief to the City; K. Public sentiment at the public hearing weighed decidedly against the proposed annexation; and L. The existing status of the property in question, principally owned by the City, but located within the Town and subject to Town zoning requirements, maintains an ideal system of checks and balances to prevent future misuse of the property; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the petition for annexation submitted by the City appears to substantially comply with the form required by Article 17 of the General Municipal Law, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that annexation of Cole's Woods by the City of Glens Falls would not be in the overall public interest. Duly adopted this 7th day of July, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None Discussion held: Town Counsel requested that the Title be changed from RESOLUTION REGARDING PROPOSED ANNEXATION OF COLE'S WOODS BY THE CITY OF GLENS FALLS, to RESOLUTION DETERMINING PROPOSED ANNEXATION OF COLE'S WOODS BY THE CITY OF GLENS FALLS TO NOT BE IN THE OVERALL PUBLIC INTEREST this was agreed to by Councilpersons Goedert and Pulver PLANNED DISCUSSIONS OLD BUSINESS-NONE NEW BUSINESS-NONE TOWN BOARD MEMBER MATTERS Councilman Goedert-Has any board member received anything from Mr. Scudder on Aviation Road? No information received. Councilman Goedert-Last week I met with the Rec. Commission down at the Hudson River Park and that Park is coming along very well looks nice... 3 week completion date. Councilman Pulver-I am going down with Harry on Thursday between two and four.. Councilman Goedert -Questioned the possibility of getting landscaping trees donated as far as memorials and benches etc. to bring that along a little faster... Supervisor Champagne-Spoke to Mr. Flaherty, the instrumentation at the new Water Treatment Plant was hit by lighting during Thursday's storm and they are on manual operation, insurance has been contacted and we are working to get it back to automatic control. ATTORNEY MATTERS Town Counsel Schachner-The Village of Hudson Falls scored very highly on the bond grant program for water facilities, I contacted the Village Attorney and ask him if we are ready to move forward with the contractual negotiations and signing he assured me that was in fact the case. The Village Board is meeting tonight we anticipate moving forward this month with contract negotiations. They have a meeting in Albany with the Environmental Facilities Corp. I believe later this month to discuss how the payments will be structured. We will be talking with them during the month about getting initial payment made directly to the Town of Queensbury possibly or funnel through the Village and immediately to the Town of Queensbury. Supervisor Champagne-Wednesday I will be meeting with the Department of Economic Development Corp. in Albany with Harry Gutheil and other members, Ken Green from ..Economic Development Corp. looking at ways and means to possibly get some funding, for the River Crossing... OPEN FORUM Mr. Pliney Tucker-Queensbury Questioned if we tried for bond money for West Glens Falls Water District? Supervisor Champagne-Yes.. . did not succeed. Mr. Tucker-Re: Girard contract on landfill ...what is the reason why we cannot do this in house? Councilman Monahan-Noted it was the advice of our consultant to have this done outside...spoke about Illsurance coverage... Mr. Tucker-Won't the Town carry some kind of insurance to guarantee that we meet the standards that the State will require over the next thirty years on that closure? How will the Town protect themselves against acts of God and what have you... Councilman Monahan-Insurance will not protect you against acts of God. Mr. Tucker-Are we going to obligated for thirty years to maintain this thing? Councilman Monahan-As far as I know we are obligated forever. Mr. Tucker-At the last board meeting there was a discussion over engineering bills and stuff with O'Brien and Gere with the Water Dept. did that get settled in a workshop? Board-no Mr. Tucker-It is still out there? Councilman Goedert-It is still out there. Mr. Lewis Stone-Agenda 6:00 Executive Session lists 1.2 any other business that may come before the board...may I suggest that, that language could be improved for executive session... Regarding resolution 97,31 of the Lake George Park Commission adopted on June 25, 1997 Storm Water Management Plan Grant for Bolton, questioned why the Town of Queensbury didn't respond for the grant... Executive Director Goralski-I do not know when they sent out their request...noted the Town has a grant we are working on right now...willlook at it...1ooking at setting a meeting in North Queensbury on August 13th regarding the stormwater plan... Mr. Stone-What can you tell the public of your perceived need to discuss the annexation of Coles of Woods by the City of Glens Falls in Executive Session on the 5th monday of the month June 30th at 11 :00 in the morning. This seem to be a subject that should be discussed in open session at a time when more citizens can attend. Town Counsel Schachner-I think what the Board said prior to going into the non public portion of the meeting was that there was one or two litigation items which we named, one was the Fuller Road litigation and one was the Queensbury Forest Litigation and that those matters were going to be discussed in executive session, and I believe that we then indicated that we were also going to be conferring in Attorney Client Privilege discussion about legal advice about the proposed annexation of Coles Woods. Supervisor Champagne-Noted the SEQRA Review by the City was coming up ... Town Counsel Schachner-That night if I am not mistaken. Mr. Stone-To me there is some concern that this is Attorney Client privilege...1istening to your actions tonight on the no parking thing you still have not learned that you can't shut the public out, you have got to be as open as you possibly can. Mr. Gilbert Boehm-RE: Sewers Do we have a schedule for O'Brien and Gere and what they are doing for us? Supervisor Champagne-Yes. Noted: 1. we have run out of money for the project..1ooking for more funding 2. trying to identify the selected options... to where the stuff is going to go 3. having to do a lot more engineering, namely identifying the rock ledge Mr. Boehm-There was a previous engineer work done for a million dollars is that down the drain? Supervisor Champagne-I cannot say that, that was done, for a million dollars for the four different communities they went in and studied it did not do anywhere near the kind of thing you are talking about as far as the EIS is concerned it was not done. A lot of that money went to study Pickle Hill that never came to fluorescein, so we almost went back to start, plus a law suit that got in the way. Mr. Boehm-It had not gotten in the way of any of the engineering studies. Supervisor Champagne-The law suit, it sure has. Mr. Boehm-I have a feeling that the money that was allocated for this project in total that we were in a hidden agenda, and that is there is money arrived at for the total project now all the other areas in turn dipping in to those funds by the time we get there the barrel will be dry... Supervisor Champagne-Invited Mr. Boehm to meet with Mr. Lamy and sit in on the county meetings... Mr. Salvadore-RE: Engineering costs, spoke about contingency numbers... Supervisor Champagne-.J am defending the Town of Queenbury, that is my role..J am up there arguing don't touch my fourteen three...ifthey over run in Bolton, Hague, Lake George, whatever that percentage is I be glad to share that with you ok, as my percentage of overrun, if it is five percent or ten percent I will eat that back in Queensbury, but don't take my fourteen three to support your project while you decrease my fourteen three to eight or nine now I have got to come up with the difference between nine and seventeen, I am going to fight that... Mr. Salvadore-Can we see the details of the Clough Harbour Report... Supervisor Champagne-Noted he has a copy of the report... Mr. Salvadore-If the monies are not sufficient to do that project in North Queensbury the way to go about it is find out what component has been underestimated..J think we are taking the numbers and applying them to a new concept and therefore we do not have enough. Reviewed the Clough Harbour work..spoke about the rock situation in the area.. Mr. Boehm-Spoke about the systems in the area that use above ground pipes... Mr. Salvadore-Spoke about the sale of the No. Qsby. Fire House In the public interest when the time came for that to be sold it should have gone on the auction block. Councilman Goedert-Noted the Town does not know what it was sold for until we receive the audit. Supervisor Champagne-This Town Board has no rights or privilege of dictating how they get rid of their property... Mr. Salvadore- I cannot think of a better piece of property other than a portion of ours for a waste water treatment facility ... You are going to set a workshop meeting on the Dunhams Bay Road? Supervisor Champagne-At our next workshop meeting there will be a discussion on Dunhams Bay Road... Mr. Salvadore-Questioned if the town has participated in the Lake George Park Commission Storm Water Regulation modification... Executive Director Goralski-Received a notice last week, we received copies of everything and I have copies for the board. Mr. Salvadore-Concern on first draft was that the regulations impacted private property to the extent that title had to be encumbered with the Storm water management plan, take a look at that... ...questioned a sign at the Dunhams Bay Boat Company it has been in non-conformance ever since it was erected...Lake George Park Commission is about to modify their sign ordinance questioned if the Town will participate in that... Noted a car parked on Town property on the corner of Alexy Road with for sale signs on it...questioned if this is proper... Supervisor Champagne-I do not know if it is proper, or legal or illegal all I can tell you from my history it says unless the Town has a no parking sign in place then we have no rights to call the Sheriff to remove that car.... Mr. Salvadore-Questioned if the landfill has to be mowed for ever and ever suggest that the Town get someone trained and have it under our control... Mr. Dennis Brower-Why do we need to mow the landfill anyway? Councilman Monahan-It is part of our closure plan, DEC regulations... Mr. Boehm-Questioned if the Town enforced the sign ordinance? Councilman Monahan-indicated yes... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION 279.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss qualification of applicants for Code Compliance Officer for potential employment. Duly adopted this 7th day of July, 1997 by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mr. Turner (Mr. Turner returned to meeting) RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR SESSION RESOLUTION NO. 280.97 INTRODUCED BY: Mr. Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and be it further RESOLVED, that the Town Board adjourns it regular session. Duly adopted this 7th day of July, 1997 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk Queensbury