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1997-09-15 TOWN BOARD MEETING SEPTEMBER 15,1997 7:00 p.m. MTG.#45 RES. 342-354 BOH. 25-27 LL. #8 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN CONNIE GOEDERT TOWN BOARD MEMBERS ABSENT COUNCILMAN THEODORE TURNER COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER DIRECTOR OF COMMUNITY DEVELOPMENT JOHN GORALSKI CONTROLLER HENRY HESS DEPUTY DIRECTOR OF W ASTEW ATER MIKE SHAW PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GOEDERT SUPERVISOR CHAMPAGNE-OPENED THE MEETING PUBLIC HEARINGS PUBLIC HEARING-PROPOSED LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REVISING CHAPTER 14 ENTITLED "CODE OF ETHICS" NOTICE SHOWN Supervisor Champagne-Mark do you just want to kind of just bring us all up to date as to what that change is all about? Town Counsel Schachner-The proposed change to the Code of Ethics is solely a change to eliminate the requirement that one member of the local ethics board be an elected or appointed official of the Town. That is a requirement of the State Statute that authorizes local ethics boards but the requirements can be superseded by a local law as is proposed, as I understand it after enactment of our Code of Ethics all people fitting those categories were solicited to see if any wanted to serve on the local board of ethics and there was no interest. Supervisor Champagne-That is correct. So with that anyone here to speak for or against the Ethics Law as it is being proposed? Unfortunately we did not get any of the Town Employees including the Town Board showing interest in serving in this capacity and since that was a State Statue we have had to revise the Code in order to have a person from the Town represent. All five members, is that correct, there are five, I believe there is... Town Counsel Schachner-There are five members Supervisor Champagne-So, there will be other than town employees. Anyone have anything to add or delete or have any discussion, Yes, John. Mr. John Salvadore-My name is John Salvadore, I just have a couple of questions. Is there continuity between the State public officers law which controls your actions, the things you do and this Town Ethics Code. Supervisor Champagne-If you are asking have I looked at both laws if you will and see the various, variations within them, I have not done that. I would have to believe that we are more strict more ridged then the State Statute. Town Counsel Schachner-I am not understanding Mr. Salvadore's question, I thought his question had something to do with the public officers law. The Public Officers law is a different than the law that establishes, by which these boards of Ethics are established. These Boards of Ethics are established under New York State General Municipal Law Section 808. I understood him to be asking some question about the Public Officers Law and frankly I did not understand his question. Mr. Salvadore-The Public Officers Law has provision in it for an Ethics Code. There are in the Public Officers Law there are rules of ethics that you are obligated to follow, to adhere to. I would just like to know that there is continuity between the Public Officers Law because that is in effect and this law that you are passmg. Supervisor Champagne-I guess my answer to that is I do not have that answer. Anyone else? If not, we will Close the Public Hearing. RESOLUTION TO ENACT LOCAL LAW NUMBER 8, 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REVISING CHAPTER 14 ENTITLED, "CODE OF ETHICS" RESOLUTION NO. 342. 1997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan 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 revising Chapter 14 entitled, "Code of Ethics," which proposed Local Law deletes the requirement that an elected or appointed official or employee of the Town serve on the local Ethics Board, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, and WHEREAS, on September 15, 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 revising Chapter 14 entitled, "Code of Ethics," to be known as Local Law NO.8 of 1997, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 15th day of September, 1997, by the following vote: AYES Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver LOCAL LAW 8 OF 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REVISING CHAPTER 14 ENTITLED, "CODE OF ETHICS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. ~ 14-6(B)(1) of Chapter 14 of the Code of the Town of Queensbury entitled, "Code of Ethics" is hereby amended by deleting certain language as follows: ~14-6. Ethics Board. B. Members. (1) The Ethics Board shall consist of five members, each of whom shall be appointed by unanimous vote of the Town Board. All members must reside in the Town of Queensbury. After written notice and opportunity to reply, any member may be removed by unanimous vote of the Town Board for substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office or violation of this chapter. SECTION 2. Supersession of State Statute. This Local Law is specifically intended to supersede the provision of New York General Municipal Law ~808(3) which requires that a local Board of Ethics established by the governing body of any municipality other than a County shall include at least one member who is an elected or appointed municipal officer or employee. SECTION 3. Effective Date. This Local Law shall become effective immediately upon filing as provided by the Municipal Home Rule Law of the State of New York. PUBLIC HEARING IN THE MATTER OF THE ASSESSMENT ROLL OF THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT THE TOWN OF QUEENSBURY, COUNTY OF WARREN, AND STATE OF NEW YORK NOTICE SHOWN Supervisor Champagne-Opened the Hearing Mike I will call on you to bring us up to date on that one. Deputy Director of Wastewater Mike Shaw-This public hearing is on the proposed rolls for 1998 for the Central Queensbury Quaker Road Sewer District. The roll has been updated this year with the necessary changes, tax map numbers, property owners, classes, acres, and commercial water usage and total points. The menu for the points and class has not changed this year over ninety seven exactly the same. The district borders for 1998 proposed roll are the same as 1997. The total points, this year for the roll the proposed 1998 roll is 6,982.38 points. Some three hundred and fifty nine point thirty six points less than the 97 roll. That is the basic description. Supervisor Champagne-Ok. I guess the increase, Mike that you are proposing in terms of the point value did you mention, you did not mention that, is that correct? Deputy Director Shaw-I mentioned the increase in point value that is correct it is three hundred and fifty nine points approximately. Supervisor Champagne-But it has gone up, the point value itself has gone up from one hundred and eleven seventeen to one hundred and seventy six dollars is that correct? Deputy Director Shaw-The per point value will be going up a dollar seventy six per point on the current proposed budget, this is not adopted until the budget is adopted. We are currently looking at a couple of different avenues to try to flatten this raise so there will be a zero raise in it. Weare currently researching which way we can accomplish that and the legality of that. Supervisor Champagne-So, basically the goal is to keep the tax rate flat for this years cost. Deputy Director Shaw-The reason for that raise over last year is commercial water usage, we are seeing ten million gallons less this year, 98 roll based on the 97 roll. As this roll goes every year we base it on changing values and one major changing value is commercial water usage. As the years go on the water usage will go up or down. Councilman Monahan-Mike, what effect will the fact that when we did the re-bonding we save money in that district what effect does that have on this years. Deputy Director Shaw-This years it had some twenty six thousand dollars effect on it. If we did not re- bond we would probably looking at a much higher deficit. Supervisor Champagne-That is due primarily to less water usage. Deputy Director Shaw-That is correct. Supervisor Champagne-Our costs have not substantially gone up for..expenses right? Deputy Director Shaw-No our costs have decreased. Supervisor Champagne-It certainly shows you how the fluctuation can go in the sewer business. Councilman Monahan-So we are running a more efficient operation that is going to be reflected on the tax rate, trying to hold it steady. Deputy Director Shaw-Or running a more efficient operation but also unfortunately I think our users, our commercial users are figuring how to cut down on water usage, because it is costing more for water and to discharge water too. Supervisor Champagne-So, a typical home owner with a three point value would be three times a hundred and eleven dollars and seventeen cents, is that correct a person would be looking at. Deputy Director Shaw-Maybe about five dollars and twenty eight cents more if we do not find a way to flatten that rate per house hold. Supervisor Champagne-And those two ways we are looking at one would be possibly using some of the fund balance to put back in and the other alternative is what again? Deputy Director Shaw-Possibly using the interest, the interest received on monies deposited during the year on the revenue side of our budget there is a line item for revenues that we apply currently, currently applying those revenues toward operation and maintenance. We are currently looking at that possibly, using those funds to off set the raise. Supervisor Champagne-Ok. Anyone else care to speak? Maybe we do not have any sewer users here in the crowd. Anything more from the board? Closed At a Meeting of the Town Board of the Town of Queensbury, held at the Queensbury Activities Center, 742 Bay Road, Queens-bury, New York, on the 15th day of September, 1997. PRESENT: Supervisor Fred Champagne Councilman Betty Monahan Councilman Connie Goedert ABSENT: Councilman Theodore Turner Councilman Carol Pulver RESOLUTION NO. 343.97 IN THE MATTER OF THE ASSESSMENT ROLL OF THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT THE TOWN OF QUEENSBURY, COUNTY OF WARREN, AND STATE OF NEW YORK WHEREAS, a benefit assessment roll assessing the expense of improvements pursuant to ~202 of the Town Law has been prepared by this Town Board for and in consideration of certain district improvements consisting of general sanitary sewers in the Central Queensbury Quaker Road Sewer District of the said Town of Queensbury, which said roll has been heretofore completed and filed in the Office of the Town Clerk; and WHEREAS, due notice of the completion of said benefit assessment roll and the time and place where this Board would meet to hear and consider any objections that might be made to said roll, and for adopting the same, was duly given by the Town Clerk by a publication of due notice thereof in the Post- Star; and WHEREAS, the Town Board met at the time and place specified and a hearing was duly had upon said benefit assessment roll and all persons desiring to be heard having been heard; NOW, THEREFORE, BE IT RESOLVED, that the benefit assessment roll of the Central Queensbury Quaker Road Sewer District for the payment of the expense of public improvements within said Central Queensbury Quaker Road Sewer District, pursuant to ~202 of the Town Law of the State of New York be and it is hereby approved, confirmed, and adopted, and BE IT FURTHER, RESOLVED, that the Town Clerk is instructed to annex to said benefit assessment roll a warrant which shall be signed by the Supervisor and countersigned by the Town Clerk commanding the Receiver of Taxes to collect from the several persons named in said assessment roll the sum or sums opposite their respective names and to pay the same to the said Supervisor of the Town. The foregoing resolution was offered by Councilperson Mrs. Connie Goedert and seconded by Councilperson Mrs. Betty Monahan and adopted by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver DATED: 9-15-97 QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 344.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 15th day of September, 1997 by the following vote: AYES: Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: Mr. Turner, Mrs. Pulver PUBLIC HEARING- SEWER VARIANCE RICHARD WILLETT NOTICE SHOWN Supervisor Champagne-We have a public hearing on an application for a variance from the sanitary sewage disposal ordinance for Richard Willett, we have a letter do you want to read this letter for us, Darleen, please. Town Clerk Darleen Dougher September 8, 1997 Queensbury Town Board Members Dear Board Members: Mr. Willette is requesting to replace an existing failed septic system on his property. The plot plan you have before you was the best layout for a new septic system, based on the constraints of the property. The dwelling, garage and pool limit the amount of access for a tank and leach field. Mr. Willette will meet the required setbacks from the neighbors wells, although he will be only 80 feet from his own well. The tank will also be placed one foot off the property line for which the neighbor has agreed to and has signed a release, which should be in your packet. This is the best alternative, given the constraints of the property, and I see no reason why the Board should not approve this variance. If you have any questions or concerns, please don't hesitate to contact me. Sincerely, /s/ David Hatin, Director Building and Code Supervisor Champagne-Anyone in the audience care to speak for that in favor of or against Mr. Willett's application? Hearing none, anything from the Board, you have had an opportunity to look at the drawing the layout from all indications it sounds like the best possible alternative to get the job done. Mr. Willett why don't you please come right up here if you will. Mr. Richard Willett-Well obviously as you said my septic died. Supervisor Champagne-Give you name first. Mr. Richard Willett-Richard Willett Supervisor Champagne-Thanks Dick. Mr. Willett -Obviously my septic died and I came up and I knew I had to get a variance probably so I got a hold of Dave Hatin and I got a hold of Dan Drellos who is going to do the work when it is approved and I said I do not know anything about septic or anything else and I said just tell me what has got to get done and we will get it done. So, Dave came down and he plotted it out and all that other stuff and then Dan Drellos came down and the two of them worked it all out they said this is what you have got to do so there you are, and here I am. Supervisor Champagne-Thank you. Anything more from the Board. Closed.. . RESOLUTION APPROVING SANIT ARY SEWAGE DISPOSAL VARIANCES FOR RICHARD WILLETT RESOLUTION NO.: 25. 1997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Richard Willett previously filed a request for two (2) variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically those requiring that there be a ten feet (10') distance between the septic tank and the property line and a one-hundred feet (100') distance between the sewer line and the well, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the two (2) variance requests on September 15, 1997, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been dilly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variances to Richard Willett allowing a one foot (1 ') distance between the septic tank and the property line in lieu of the required ten feet (10)' distance and an eighty feet (80') distance between the sewer line and the well in lieu of the required one-hundred feet (100') distance on property situated at 57 Palmer Drive, Town of Queensbury, New York, and bearing Tax Map No.: 144-1-24,25. Duly adopted this 15th day of September, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCES FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR RICHARD CAROT A RESOLUTION NO.: 26,1997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and WHEREAS, Mr. Richard Carota has applied to the Local Board of Health of the Town of Queensbury for four (4) variances from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that 1) the applicant be allowed to have a holding tank; 2) the holding tank be "cast in place" (built on-site) rather than the required pre-cast tank; 3) there be a 10 feet distance between the holding (septic) tank and owner's well in lieu of the required 50 feet distance; and 4) there be a 40 feet distance between the holding (septic) tank and Lake George in lieu of the required 50 feet distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 6, 1997, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. Richard Carota to allow a holding tank, that the holding tank be "cast in place" (built on-site) rather than the required pre-cast tank, that there be a 10 feet distance between the holding (septic) tank and owner's well in lieu of the required 50 feet distance and that there be a 40 feet distance between the holding (septic) tank and Lake George on property situated at 30 Pu1ver Road, Kattskill Bay, New York, and bearing Tax Map No. Section 18, Block 1, Lot 14, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 15th day of September, 1997, by the following vote: AYES Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 27.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Queensbury Board of Health is hereby adjourned and the Queensbury Board moves back into session. Duly adopted this 15th day of September, 1997 by the following vote: AYES: Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mr. Turner, Mrs. Pulver REGULAR SESSION RESOLUTIONS RESOLUTION OF APPRECIATION RESOLUTION NO. 345.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Sylvia Dougher's term on the Cemetery Commission expired and she as asked not to be reappointed, and WHEREAS, Sylvia Dougher has been on the Cemetery Commission since September 7, 1976, and WHEREAS, Sylvia Dougher has represented this town in a number of capacities and has earned the respect of many within all her various duties for the Town of Queensbury including Secretary/Bookkeeper to the Town Supervisor form January 1962 to May 1975, Co-Chairman of the Bicentennial Celebration in 1976, a charter member of the Queensbury Senior Citizens, serving as President from 1986 to 1988, Trustee from 1988 to 1992, and various other committee assignments, and WHEREAS, the Town Board of the Town of Queensbury has accepted with regret the resignation of Sylvia Dougher from the Cemetery Commission. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the residents of the Town of Queensbury, wish to express its sincere appreciation to Sylvia Dougher for the time and effort that she has generously contributed in working on the Cemetery Commission for all these years and for all her years of service to the town in various capacities. Duly adopted this 15th day of September, 1997 by the following vote: AYES: Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES; None ABSENT: Mr. Turner, Mrs. Pulver Discussion held before vote: Supervisor Champagne-Certainly she is deserving, a job well done. Councilman Monahan-I will say that I think that the Town has been lucky to have her services for all these years and particularly years that she served as Chairman of the Cemetery Commission that is the years that we bought the crematorium and did all the upgrading on it and she certainly was a great asset to the Town as Chairman of that commission. RESOLUTION AUTHORIZING PROPOSITION TO BE PLACED ON BALLOT REGARDING THE CRANDALL PUBLIC LIBRARY DISTRICT RESOLUTION NO.: 346. 1997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Laws of 1992, Chapter 456 authorized the establishment of the Crandall Public Library District for the City of Glens Falls, in the County of Warren and the Town of Moreau, in the County of Saratoga and the Town of Queensbury, in the County of Warren, and WHEREAS, the aforesaid legislation provides and the Board of Trustees of Crandall Public Library has authorized that the propositions relating to the Crandall Public Library District be placed on the ballot at the General Election to be held on November 4, 1997, and WHEREAS, the propositions to be determined are as follows: 1. Whether the annual budget for 1998 as proposed by the Board of Trustees of the Crandall Public Library shall be approved or disapproved; and 2. The election of one trustee from the Town of Queensbury to the Crandall Public Library District Board; and WHEREAS, the Crandall Public Library Board of Trustees has requested that the Town of Queensbury adopt a resolution authorizing the placement of the propositions concerning the above issues on the ballot of the November 4, 1997 General Election for the voters' approval or disapproval, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves and authorizes the following two (2) propositions pertaining to the Crandall Public Library District and requests that they be placed on the ballot in all the voting locations in the Town of Queensbury on the General Election Day, Tuesday, November 4, 1997: [1] BUDGET The proposed 1998 budget of the Crandall Public Library District is $1,489,018.15 to be partially funded by the municipalities comprising the District. The share of the proposed budget to be raised by an ad valorem assessment upon the real property within the Town of Queensbury is $424,709.87. Shall the proposed budget be approved? [2] TRUSTEES TO BE ELECTED For a vacancy upon the Board of Trustees of the Crandall Public Library District representing the Town of Queensbury to serve a term of five (5) years. Vote for one: Robert McNally. and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to transmit a certified copy of the text of the aforedescribed proposition to the Board of Elections or other appropriate officials to be submitted in the order and form set forth herein. Duly adopted this 15th day of September, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver Discussion held before vote: Councilman Monahan-noted that copies of the budget may be obtained from the Crandall Library... RESOLUTION CREATING SENIOR PLANNER POSITION RESOLUTION NO.: 347.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, by Resolution No. 213, 86, the Town Board of the Town of Queensbury established the position of Senior Planner, and WHEREAS, by Resolution No. 448, 92, the Town Board of the Town of Queensbury reorganized the Planning, Zoning and Building & Codes Enforcement Departments, and as part of that reorganization, abolished the position of Senior Planner, and WHEREAS, the Town Board of the Town of Queensbury desires to re-establish the position of Senior Planner, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby re-establishes the position of Senior Planner, 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 15th day of September, 1997, by the following vote: AYES Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR RICHARD SAWYER C/O WILLIAM WHIPPLE ON 8 KATHERINE STREET, QUEENSBURY RESOLUTION NO.: 348.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~1l3-l2 of the Code of the Town of Queensbury to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Richard Sawyer, on behalf of William Whipple, has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit, in accordance with said ~ 113-12 of the Code of the Town of Queensbury, to locate a mobile home at property situated at 8 Katherine Street, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a public hearing regarding said permit application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on October 6th, 1997 at 7:00 p.rn., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by Richard Sawyer on behalf of William Whipple for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated at 8 Katherine Street, Queensbury, New York, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized to publish and provide notice of said public hearing in the official newspaper of the Town of Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Town Planning Board Chairman, at least ten (10) days prior to said hearing. Duly adopted this 15th day of September, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pu1ver RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR JAMIE BROWN ON THE CORNER OF MALLORY AND NATHAN STREETS RESOLUTION NO.: 349.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~1l3-l2 of the Code of the Town of Queensbury to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Jamie Brown has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit, in accordance with said ~1l3-l2 of the Code of the Town of Queensbury, to locate a mobile home at property situated on the corner of Mallory and Nathan Streets, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a public hearing regarding said permit application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on October 6, 1997 at 7:00 p.rn., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by Jamie Brown for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated on the corner of Mallory and Nathan Streets, Queensbury, New York, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized to publish and provide notice of said public hearing in the official newspaper of the Town of Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Town Planning Board Chairman, at least ten (10) days prior to said hearing. Duly adopted this 15th day of September, 1997, by the following vote: AYES Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pu1ver RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO.: 350.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, certain Town Departments have requested fund transfers for the 1997 Budget and the Chief Fiscal Officer has approved said requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows for the 1997 budget: ANIMAL CONTROL: FROM: TO: $ AMOUNT: 001-3510-2001 (Misc. Equipment) 001- 3510-4400 (Misc. Contractual) 50. COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8020-1605 (Executive Director) 01-8020-1620 (Senior Planner) 1,000. 01-8020-1610 (Planning Assistant) 01-8020-1620 (Senior Planner) 12,000. 01-8020-1605 (Executive Director) 01-8020-1620 (Misc. Equipment) 1,000. 01-3620-1605 (Executive Director) 01-8020-1620 (Senior Planner) 1,000. CONTROLLER: FROM: TO: $ AMOUNT: 01-1315-1035 (Controller) 01-1315-4220 (Training & Education) 500. HIGHWAY: FROM: TO: $ AMOUNT: 01-3310-4160 (Signs) 01-3310-4300 (Utilities) 500. 01-5010-4030 (Postage) 01-5010-2010 (Office Equipment) 110. 01-5010-13 20-0002 (Conf. Sec. O.T.) 01-5010-4100 (Telephone) 350. 01-5010-4090 (Conference Expense) 01-5010-4100 (Telephone) 350. 04-5110-1400 (Laborer) 04-5130-4470 (Grader Blades) 5,000. 04-5142-1450 (MEO) 04-5130-4480 (Tires) 3,000. 04-5130-1460 (Mechanic) 04-5142-4641 (Salt) 7,000. and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 15th day of September, 1997, by the following vote: AYES : Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION APPOINTING BUILDING AND CODES ENFORCEMENT OFFICERS TO PERMANENT CIVIL SERVICE STATUS RESOLUTION NO. 351.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury has previously established the position of Building and Codes Enforcement Officer, and WHEREAS, the Town Board of the Town of Queensbury appointed John O'Brien and Joel Clugstone, provisionally, to said position until such time as Civil Service offered an exam for said position, and WHEREAS, Mr. John O'Brien and Mr. Joel Clugstone were among the candidates qualified as a result of said Civil Service examination for the Building and Codes Enforcement Officer positions, NOW, THEREFORE, BE IT RESOLVED, that Mr. John O'Brien and Mr. Joel Clugstone be given permanent status under the Civil Service laws, rules and regulations of the State of New York, to the position of Building and Codes Enforcement Officer, said appointments to commence on Monday, September 15, 1997, and said appointments to be provisional in accordance with the Civil Service Laws and carry an eight (8) week probationary period, and the Town Supervisor is hereby authorized to complete any civil service forms that may be necessary to effectuate the terms and provisions of this resolution. Duly adopted this 15th day of September, 1997, by the following vote: AYES Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION AMENDING 1997 BUDGET RESOLUTION NO.: 352.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury has been awarded a municipal project grant from New York State for the Hudson River Park Capital Project, and WHEREAS, the Town of Queensbury expects reimbursement of approximately $81,612 through the New York State Land and Water Conservation Fund and the New York State Environmental Quality Bond Act, and WHEREAS, the project has run into unexpected, additional costs associated with the Park Archaeological Study, Change Order No. 1 and the Landscape Architect's reimbursable expenses estimated not to exceed $10,000, and WHEREAS, the Town of Queensbury desires to increase appropriations for the additional expenditures, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes and directs that the 1997 Budget be amended as follows: 1. Increase Estimated Revenues in the appropriate Hudson River Park Capital Project Revenue Account in the amount of $10,000; and 2. Increase Appropriations in the 1997 Hudson River Park Capital Project Account No. 107 by $10,000 in the appropriate expenditure accounts as determined by the Director of Parks and Recreation and the Controller's Office; and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 15th day of September, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pu1ver Discussion held before vote: Supervisor Champagne-Spoke to the Board regarding ball field subsurface was not desirable and the board had approved an addition amount 3,800 to cover the cobble stone fill.. Councilman Monahan-Questioned a 900 change order...Controller Hess-noted that the 900 was re- imbursable expenses that was over looked by the Recreation Director in the original estimates... reviewed a chart he had prepared on the costs of the project... Councilman Monahan-The original contract was One hundred and sixty four thousand six hundred and fifty one and the original appropriation was one hundred and sixty three thousand two hundred and twenty five questioned why the two figures do not match. Controller Hess-Noted at the time the project was approved there was not a reconciliation of the two numbers...Councilman Monahan-Requested that future projects balance in the beginning... RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 353.97 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: Queensbury General Fund TO: Sweet Road Capital Project $ AMOUNT 600. and BE IT FURTHER, RESOLVED, that the Town Controller is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Controller shall keep suitable records and arrange for the repayment of the temporary advances as soon as available, and in the case of loans from funds generated from differing tax bases, the Town Controller shall also determine the amount of interest, if any, to be paid, upon repayment, with the amount of interest to be equal to the amount that would have been earned on the investment of moneys in the Fund making the advance, had the advance not been made. Duly adopted this 15th day of September, 1997, by the following vote: AYES Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver Discussion held regarding Sweet Road project -Controller Hess-There is an accounting that needs to be done on this project, we have started one.. Supervisor Champagne-spoke to the board regarding the increase in the drainage that needed to be done on the project...Board agreed that Mr. Nace, the Highway Supt. and Town Board meet at the next workshop to discuss the project... PLANNED DISCUSSIONS OLD BUSINESS-NONE NEW BUSINESS-NONE TOWN BOARD MEMBER MATTERS Supervisor Champagne-We have had a meeting with the County Highway Supt. and Mr. Naylor and we have reviewed the snow and ice removal contract that we had looked at earlier on and it seems to me that we are getting closer to a final agreement and I would ask that either Rick or Paul put together the contract itself or at least their interpretation of the contract so they have a good understanding of what the Counties and the Town is cooperatively trying to put in place, it is looking pretty good. Councilman Monahan-Questioned if it would be a flat fee for the contract or per event? Supervisor Champagne-Flat ATTORNEY MATTERS NONE OPEN FORUM Mr. John Bordeau-Resident ofMr. Turners Ward... Spoke about the high rate of speed on Meadowbrook Road also no lines painted on the road.....requested a lower speed limit. Councilman Goedert-Noted that the Town has very little say over the speed limit...reviewed the procedure to lowering speed limits... Supervisor Champagne-Requested that Mr. Bordeau write a letter to the Board requesting a lower speed limit and have the residents in the area sign it...will send it on to the County... Councilman Goedert-Suggested that the Sheriffs Dept. be notified of the problem... Mr Gilbert Boehm-Spoke about a house being lifted, new foundation placed and then the building lowered on to new foundation then the house being disassembled...questioned if this was done because of the zoning regulations? On Brayton Lane... Executive Director Goralski-Spoke about a permit given for a guest cottage...noted everything is being done by code... Mr. John Salvadore-RE: Willett Septic... It sounded like Dave Hatin has designed and laid out this man's septic system, I do not think that is proper... Executive Director Goralski-Dave Hatin did not design or layout the septic system, Mr. Hatin met with Mr. Willett and one of the Drellos's at the site and consulted with them and gave them advice and guidance on what the code required and whether or not the septic system could be placed on this lot and what approvals would be needed... Mr. Salvadore-Does Mr. Willett have certified drawings? Executive Director Goralski-No, he does not. Mr. Salvadore-Questioned if certified drawings are required? Executive Director Goralski-No Supervisor Champagne-We grant variances on Mr. Hatin's review and his recommendation... Mr. Salvadore-I wish you would check with the New York State Health Dept. that they would do that, they would grant a variance in the absence of certified drawings. Supervisor Champagne-You check John. Mr. Salvadore-RE: Sweet Road...questioned if there were engineers drawings on the project...who authorized the extension of the drainage system? Councilman Goedert-That is why we are having the meeting... Mr. Salvadore-RE: Reconstruction of Dunham's Bay Road Questioned if aid has been looked for through the State for Dunhams Bay Road and Sweet Road... Supervisor Champagne-Reviewed the Chips funding...1ook further to see if there is any other funding available.. . Mr. Salvadore-Lake George Park Commission-Shore Line Management Program...regulating uses in towns vessel regulation zones...the Town should either get in or out of this business... Questioned the bike bridge over Quaker Road... Supervisor Champagne-design work started... Councilman Monahan-Somebody should be about to give us a guestiment now on where this is going to start and stop...it is time to get some of the elementary answers... Mr. Salvadore-Spoke about alternatives to the bridge... tunnels etc. Supervisor Champagne-Noted he will contact Mr. Remmington and get the information on the bridge... Mr. Salvadore-RE: Sewer System...Bolton has rejected the engineers proposals for the modification to the sewage treatment plant and the $700,000 from the County grant...what are the implications for our project? Suggested going after their $700,000 for our project... Supervisor Champagne-We will do that... Mr. Salvadore-RE: Reduction in sales tax on under utilized lodging capacity, presented idea to the County...requested support from the Town ... RE: Feasibility study for convention center...all areas of the county should be open for consideration... prepared a conceptual site and drawing of a convention center on land that is owned by Mr. Salvadore...access to this parcel by air,land and water...suggested criteria 60,000 square feet building...spoke about privatizing the project...requested a guarantee flow ofusers...asked for Town Board support... Supervisor Champagne-We can encourage the county to do a feasibility study... Mr. Salvadore-We want this site to be studied. Spoke to the Board about receiving a letter from Bartlett Pontiff Stewart and Rhodes PC informing me as the President and Manager of Dunhams Resort Corp. and Dunhams Bay Boat and Beach Club that the Lake George Park Commission had received reports that we recently began renting personal water craft from our lake front and this activity constituted an expansion of a marina operation and required a permit from the commission...noted a response was written stating that we have a permit from DEC 3-22-82 to operate a marina on Lake George...our application to operate a Class A Marina servicing the waters of Lake George is still pending before the commission. Noted Dunhams Bay has not been authorized by the Park Commission to sell boat stickers...denied because dock fee has not been paid...reviewed the establishment of the Lake George Park Commission, and the opposition of said establishment of the Commission by the Queensbury Town Board... Ms. Barbara Bennett -Questioned who is in charge of the re-design of the Queensbury School exits and entrances? Councilman Goedert-In reference to the egress and ingress that would be up to the Highway Supt. on what is allowed there as far as the design on campus it has nothing to do with the town. Ms. Bennett-Re: Farmer Market-questioned the parking for the market...orange cones block parking... Executive Director Goralski-I do not know what authority we have I will look into it. Ms. Bennett-RE: Hovey Pond Park-noted there is no way of circling around you have to back out if you find no parking places... Questioned when Sweet Road will be opened. Supervisor Champagne-According to the Highway Supt. he will be out of there tomorrow. Ms. Bennett-The new mall across from Shop and Save, several stores, was that rezoned? Executive Director Goralski-They received a use variance. Ms. Bennett -Spoke about the Queensbury Central 50th Anniversary parade. Councilman Goedert-Asked Mr. Goralski if there is a bar going into the new CVS mall in West Glens Falls? Executive Director Goralski-Not that I know oLI will check into that... Supervisor Champagne-Open forum anyone else. Closed. RESOLUTION ADJOURNING MEETING RESOLUTION NO. 354.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting. Duly adopted this 15th day of September, 1997 by the following vote: AYES: Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: Mr. Turner, Mrs. Pu1ver Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury